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ILLINOIS REGISTER PUBLISHED BY JESSE WHITE • SECRETARY OF STATE

ILLINOIS · 2020. 7. 13. · Student Loan Servicing Rights Act ... 5 January 21, 2020 January 31, 2020 6 January 27, 2020 February 7, 2020 7 February 3, 2020 February 14, 2020

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Page 1: ILLINOIS · 2020. 7. 13. · Student Loan Servicing Rights Act ... 5 January 21, 2020 January 31, 2020 6 January 27, 2020 February 7, 2020 7 February 3, 2020 February 14, 2020

ILLINOIS REGISTER RULES

OF GOVERNMENTAL AGENCIES

PUBLISHED BY JESSE WHITE • SECRETARY OF STATE

Index DepartmentAdministrative Code Division111 E. Monroe St.Springfield, IL 62756217-782-7017www.cyberdriveillinois.com

Printed on recycled paper

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i

TABLE OF CONTENTS

July 10, 2020 Volume 44, Issue 28

PROPOSED RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF

Conditions of Employment

80 Ill. Adm. Code 303............................................................................11294

COMMUNITY COLLEGE BOARD, ILLINOIS

Administration of the Illinois Public Community College Act

23 Ill. Adm. Code 1501..........................................................................11303

EMERGENCY MANAGEMENT AGENCY, ILLINOIS

Political Subdivision Emergency Services and Disaster Agencies

29 Ill. Adm. Code 301............................................................................11354

FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF

Transmitters of Money Act

38 Ill. Adm. Code 205............................................................................11364

Student Loan Servicing Rights Act

38 Ill. Adm. Code 1010..........................................................................11368

INSURANCE, DEPARTMENT OF

Medical Necessity Criteria for Serious Mental Illnesses for Individuals

Under the Age of 26

50 Ill. Adm. Code 2035..........................................................................11378

Tie Breaking when Conducting and Administering a Board of Trustee

Election

50 Ill. Adm. Code 4451..........................................................................11394

ADOPTED RULES BOARD OF HIGHER EDUCATION, ILLINOIS

General Grant Programs

23 Ill. Adm. Code 1001..........................................................................11400

Illinois Cooperative Work Study Program

23 Ill. Adm. Code 1015..........................................................................11408

Grow Your Own Teacher Grants

23 Ill. Adm. Code 1085..........................................................................11419

Nurse Educator Fellowship Program

23 Ill. Adm. Code 1105..........................................................................11456

NATURAL RESOURCES, DEPARTMENT OF

General Hunting and Trapping on Department-Owned or -Managed

Sites

17 Ill. Adm. Code 510............................................................................11466

Nuisance Wildlife Control Permits

17 Ill. Adm. Code 525............................................................................11474

Duck, Goose and Coot Hunting

17 Ill. Adm. Code 590............................................................................11483

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ii

White-Tailed Deer Hunting by Use of Firearms

17 Ill. Adm. Code 650............................................................................11528

White-Tailed Deer Hunting by Use of Bow and Arrow

17 Ill. Adm. Code 670............................................................................11534

Special White-Tailed Deer Season for Disease Control

17 Ill. Adm. Code 675............................................................................11554

Late-Winter Deer Hunting Season

17 Ill. Adm. Code 680............................................................................11559

Youth Hunting Seasons

17 Ill. Adm. Code 685............................................................................11564

EMERGENCY RULES CHILDREN AND FAMILY SERVICES, DEPARTMENT OF

Licensing Standards for Day Care Centers (Emergency Amendment to

Emergency Rule)

89 Ill. Adm. Code 407............................................................................11577

SECRETARY OF STATE, OFFICE OF THE

Merit Commission (Emergency Repeal)

80 Ill. Adm. Code 50…..........................................................................11585

Procedures and Standards (Emergency Repeal)

92 Ill. Adm. Code 1001..........................................................................11588

Certificates of Title, Registration of Vehicles (Emergency Repeal)

92 Ill. Adm. Code 1010..........................................................................11595

Issuance of Licenses (Emergency Repeal)

92 Ill. Adm. Code 1030..........................................................................11603

Commercial Driver Training Schools (Emergency Amendment to

Emergency Rule)

92 Ill. Adm. Code 1060..........................................................................11610

Rules of the Road - Persons with Disabilities Parking Program

(Emergency Repeal)

92 Ill. Adm. Code 1100..........................................................................11618

NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENTS

CHILDREN AND FAMILY SERVICES, DEPARTMENT OF

Licensing Standards for Day Care Centers

89 Ill. Adm. Code 407............................................................................11621

EMERGENCY MANAGEMENT AGENCY, ILLINOIS

Political Subdivision Emergency Services and Disaster Agencies

29 Ill. Adm. Code 301............................................................................11622

SECRETARY OF STATE, OFFICE OF THE

Merit Commission

80 Ill. Adm. Code 50…..........................................................................11623

Procedures and Standards

92 Ill. Adm. Code 1001..........................................................................11624

Certificate of Titles, Registration of Vehicles

92 Ill. Adm. Code 1010..........................................................................11625

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iii

Issuance of Licenses

92 Ill. Adm. Code 1030..........................................................................11626

Rules of the Road - Persons with Disabilities Parking Program

92 Ill. Adm. Code 1100..........................................................................11627

JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA JOINT COMMITTEE ON ADMINISTRATIVE RULES

July Agenda………………...........................................................................11628

SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES

Second Notices Received…...........................................................................11633

REGULATORY AGENDA AGING, DEPARTMENT ON

Americans With Disabilities Act and Civil Rights Program Grievance

Procedure

4 Ill. Adm. Code 1725............................................................................11635

CAPITAL DEVELOPMENT BOARD

Grant Agreement Procedures

71 Ill. Adm. Code 41…..........................................................................11643

CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF

Pay Plan

80 Ill. Adm. Code 310............................................................................11649

CHIEF PROCUREMENT OFFICER FOR CAPITAL DEVELOPMENT

BOARD

Chief Procurement Officer for the Capital Development Board

44 Ill. Adm. Code 8…............................................................................11652

EMERGENCY MANAGEMENT AGENCY, ILLINOIS

Registration and Operator Requirements for Radiation Installations

32 Ill. Adm. Code 320............................................................................11653

EXECUTIVE ETHICS COMMISSION

Organization, Information, Rulemaking and Hearings

2 Ill. Adm. Code 1620............................................................................11659

INSURANCE, DEPARTMENT OF

Acquisition of Control of a Domestic Company

50 Ill. Adm. Code 651............................................................................11660

NATURAL RESOURCES, DEPARTMENT OF

Camping on Department of Natural Resources Properties

17 Ill. Adm. Code 130............................................................................11669

STATE FIRE MARSHAL, OFFICE OF THE

Fire Sprinkler Contractor Licensing Rules

41 Ill. Adm. Code 109............................................................................11675

STATE TREASURER, OFFICE OF THE

College Savings Pool

23 Ill. Adm. Code 2500..........................................................................11694

STUDENT ASSISTANCE COMMISSION, ILLINOIS

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iv

General Provisions

23 Ill. Adm. Code 2700..........................................................................11698

TEACHERS' RETIREMENT SYSTEM OF THE STATE OF ILLINOIS

The Administration and Operation of the Teachers' Retirement System

80 Ill. Adm. Code 1650..........................................................................11701

TRANSPORTATION, DEPARTMENT OF

Aviation Safety

92 Ill. Adm. Code 14…..........................................................................11702

EXECUTIVE ORDERS AND PROCLAMATIONS EXECUTIVE ORDERS

Executive Order 2020-43 (COVID-19 Executive Order No. 41)

2020-43………………...........................................................................11704

Executive Order 2020-44 (COVID-19 Executive Order No. 42)

2020-44………………...........................................................................11713

Executive Order 2020-45 (COVID-19 Executive Order No. 43)

2020-45………………...........................................................................11719

PROCLAMATIONS

Pride Month

2020-53………………...........................................................................11722

Gubernatorial Disaster Proclamation

2020-54………………...........................................................................11722

Gubernatorial Disaster Proclamation 2

2020-55………………...........................................................................11724

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v

INTRODUCTION

The Illinois Register is the official state document for publishing public notice of rulemaking

activity initiated by State governmental agencies. The table of contents is arranged categorically

by rulemaking activity and alphabetically by agency within each category.

Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of

existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and

Proclamations issued by the Governor; notices of public information required by State Statute;

and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint

Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors

the rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules

adopted by State agencies). The most recent edition of the Code, along with the Register,

comprise the most current accounting of State agencies' rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois

Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2020

Issue# Rules Due Date Date of Issue

1 December 23, 2019 January 3, 2020

2 December 30, 2019 January 10, 2020

3 January 6, 2020 January 17, 2020

4 January 13, 2020 January 24, 2020

5 January 21, 2020 January 31, 2020

6 January 27, 2020 February 7, 2020

7 February 3, 2020 February 14, 2020

8 February 10, 2020 February 21, 2020

9 February 18, 2020 February 28, 2020

10 February 24, 2020 March 6, 2020

11 March 2, 2020 March 13, 2020

12 March 9, 2020 March 20, 2020

13 March 16, 2020 March 27, 2020

14 March 23, 2020 April 3, 2020

15 March 30, 2020 April 10, 2020

16 April 6, 2020 April 17, 2020

17 April 13, 2020 April 24, 2020

18 April 20, 2020 May 1, 2020

19 April 27, 2020 May 8, 2020

20 May 4, 2020 May 15, 2020

21 May 11, 2020 May 22, 2020

22 May 18, 2020 May 29, 2020

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vi

23 May 26, 2020 June 5, 2020

24 June 1, 2020 June 12, 2020

25 June 8, 2020 June 19, 2020

26 June 15, 2020 June 26, 2020

27 June 22, 2020 July 6, 2020

28 June 29, 2020 July 10, 2020

29 July 6, 2020 July 17, 2020

30 July 13, 2020 July 24, 2020

31 July 20, 2020 July 31, 2020

32 July 27, 2020 August 7, 2020

33 August 3, 2020 August 14, 2020

34 August 10, 2020 August 21, 2020

35 August 17, 2020 August 28, 2020

36 August 24, 2020 September 4, 2020

37 August 31, 2020 September 11, 2020

38 September 8, 2020 September 18, 2020

39 September 14, 2020 September 25, 2020

40 September 21, 2020 October 2, 2020

41 September 28, 2020 October 9, 2020

42 October 5, 2020 October 16, 2020

43 October 13, 2020 October 23, 2020

44 October 19, 2020 October 30, 2020

45 October 26, 2020 November 6, 2020

46 November 2, 2020 November 13, 2020

47 November 9, 2020 November 20, 2020

48 November 16, 2020 November 30, 2020

49 November 23, 2020 December 4, 2020

50 November 30, 2020 December 11, 2020

51 December 7, 2020 December 18, 2020

52 December 14, 2020 December 28, 2020

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ILLINOIS REGISTER 11294

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Conditions of Employment

2) Code Citation: 80 Ill. Adm. Code 303

3) Section Number: Proposed Action:

303.112 Amendment

4) Statutory Authority: Implementing and authorized by the Personnel Code [20 ILCS 415]

and the Organ Donor Leave Act [5 ILCS 327].

5) A Complete Description of the Subjects and Issues Involved: The amendment updates

the sick leave bank policies to allow for an employee to submit additional medical

documentation upon receipt of a denied application for use.

6) Published studies or reports, and sources of underlying data, used to compose this

rulemaking: None

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

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

9) Does this rulemaking contain incorporations by reference? No

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

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

under the State Mandates Act [30 ILCS 805].

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

rulemaking: A 45-day written comment period will begin on the day the Notice of

Proposed Amendment appears in the Illinois Register. Please mail written comments on

the proposed rulemaking to the attention of:

Allison Macfarlane

Deputy General Counsel

Illinois Department of Central Management Services

401 South Spring Street, Room 720

Springfield IL 62706

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ILLINOIS REGISTER 11295

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENT

217/782-5778

13) Initial Regulatory Flexibility Analysis:

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

affected: None

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

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: There is no adverse impact to small business.

15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

summarized in a regulatory agenda because it was not anticipated.

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

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ILLINOIS REGISTER 11296

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENT

TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES

SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND

POSITION CLASSIFICATIONS

CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

PART 303

CONDITIONS OF EMPLOYMENT

SUBPART A: GRIEVANCE PROCEDURE

Section

303.10 Definition of a Grievance

303.20 Procedure

303.21 Expedited Procedure

303.30 Grievance Committee

303.45 Representation

SUBPART B: LEAVE OF ABSENCE

Section

303.90 Sick Leave

303.100 Accumulation of Sick Leave

303.102 Payment in Lieu of Sick Leave

303.105 Reinstatement of Sick Leave

303.110 Advancement of Sick Leave

303.112 Sick Leave Bank

303.115 Veterans Hospital Leave

303.120 Furlough Program

303.125 Leave for Personal Business

303.130 Parental Leave

303.131 Leave in the Event of a Stillborn Child

303.135 On-The-Job Injury – Industrial Disease

303.140 Leaves of Absence Without Pay

303.142 Leave to Attend Union Conventions

303.145 Disability Leave

303.148 Family Responsibility Leave

303.149 Organ Donor Leave

303.150 Employee Rights After Leave

303.153 Failure to Return

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ILLINOIS REGISTER 11297

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENT

303.155 Leave to Take Exempt Position

303.160 Military and Peace Corps Leave

303.165 Family Military Leave

303.166 Civil Air Patrol Leave

303.170 Military Reserve Training and Emergency Call-Up

303.171 Leave for Military Physical Examinations

303.175 Disaster Service Leave With Pay

303.176 Disaster Service Leave With Pay – Terrorist Attack

303.180 Attendance in Court

303.190 Authorized Holidays

303.200 Holiday Observance

303.215 Payment for Holidays

303.220 Holiday During Vacation

303.225 Eligibility for Holiday Pay

303.250 Vacation Eligibility

303.260 Prorated Vacation for Part-Time Employees

303.270 Vacation Schedule and Loss of Earned Vacation

303.290 Payment in Lieu of Vacation

303.295 Vacation Benefits on Death of Employee

SUBPART C: WORK HOURS AND SCHEDULES

Section

303.300 Work Schedules

303.310 Emergency Shut-Down

303.320 Overtime

303.330 Overtime Payable Upon Death

303.340 Attendance Records

303.350 Notification of Absence

303.355 Review of Attendance Records

SUBPART D: UNDATED OR INCOMPLETE FORMS

Section

303.360 Undated Forms

303.370 Incomplete Forms

SUBPART E: EMPLOYEE SEPARATIONS

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ILLINOIS REGISTER 11298

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENT

Section

303.380 Reason for Separation

303.385 Repayment of Benefit Time

SUBPART F: TUITION REIMBURSEMENT

Section

303.390 Tuition Reimbursement

AUTHORITY: Implementing and authorized by the Personnel Code [20 ILCS 415] and the

Organ Donor Leave Act [5 ILCS 327].

SOURCE: Filed May 29, 1975; amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979;

amended at 3 Ill. Reg. 26, p. 199, effective July 1, 1979; emergency amendment at 3 Ill. Reg. 48,

p. 188, effective January 1, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 11, p. 70,

effective March 1, 1980; amended at 4 Ill. Reg. 15, p. 216, effective March 31, 1980; amended at

4 Ill. Reg. 22, p. 227, effective June 1, 1980; amended at 5 Ill. Reg. 8029, effective August 1,

1981; codified at 7 Ill. Reg. 13209; emergency amendment at 8 Ill. Reg. 329, effective January 1,

1984, for a maximum of 150 days; amended at 8 Ill. Reg. 7788, effective May 23, 1984;

amended at 14 Ill. Reg. 3433, effective February 27, 1990; emergency amendment at 15 Ill. Reg.

5076, effective March 20, 1991, for a maximum of 150 days; emergency expired August 17,

1991; amended at 15 Ill. Reg. 5214, effective April 2, 1991; amended at 15 Ill. Reg. 14067,

effective September 12, 1991; amended at 16 Ill. Reg. 8368, effective May 21, 1992; amended at

17 Ill. Reg. 5587, effective March 29, 1993; amended at 19 Ill. Reg. 8130, effective June 7,

1995; amended at 19 Ill. Reg. 11775, effective August 7, 1995; emergency amendment at 21 Ill.

Reg. 11291, effective July 22, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 15454,

effective November 24, 1997; amended at 23 Ill. Reg. 13815, effective November 4, 1999;

emergency amendment at 24 Ill. Reg. 16694, effective October 27, 2000, for a maximum of 150

days; amended at 25 Ill. Reg. 4847, effective March 19, 2001; emergency amendment at 25 Ill.

Reg. 12429, effective September 14, 2001, for a maximum of 150 days; amended at 26 Ill. Reg.

1138, effective January 18, 2002; amended at 27 Ill. Reg. 9008, effective May 23, 2003;

emergency amendment at 28 Ill. Reg. 9677, effective July 1, 2004, for a maximum of 150 days;

emergency expired November 27, 2004; emergency amendment at 28 Ill. Reg. 13795, effective

October 1, 2004, for a maximum of 150 days; emergency expired February 27, 2005; amended at

28 Ill. Reg. 16308, effective December 3, 2004; amended at 30 Ill. Reg. 329, effective December

30, 2005; amended at 30 Ill. Reg. 13857, effective August 2, 2006; emergency amendment at 32

Ill. Reg. 19944, effective December 9, 2008, for a maximum of 150 days; amended at 33 Ill.

Reg. 6503, effective April 23, 2009; emergency amendment at 33 Ill. Reg. 12032, effective

August 7, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 16801, effective November

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ILLINOIS REGISTER 11299

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENT

24, 2009; emergency amendment at 34 Ill. Reg. 12985, effective August 20, 2010, for a

maximum of 150 days; amended at 35 Ill. Reg. 1587, effective January 14, 2011; amended at 36

Ill. Reg. 8661, effective May 30, 2012; amended at 36 Ill. Reg. 16200, effective November 1,

2012; amended at 42 Ill. Reg. 7677, effective April 11, 2018; peremptory amendment at 43 Ill.

Reg. 8590, effective July 26, 2019; amended at 44 Ill. Reg. ______, effective ____________.

SUBPART B: LEAVE OF ABSENCE

Section 303.112 Sick Leave Bank

a) This Section contains rules governing the operation of plans allowing

participating employees in each agency to bank portions of their accrued sick

leave in a sick leave bank to be used by participating employees in the same

agency who have exhausted their accrued vacation time, personal days, sick leave

or compensatory time. This Section provides a framework within which each

agency may administer a sick leave bank. Individual agency procedures should

be consistent with the framework set forth in this Section unless alternative

procedures have been agreed upon pursuant to collective bargaining negotiations.

b) Definitions

1) "Agency" means any branch, department, board, committee or

commission of State government, but does not include units of local

government, school districts or boards of election commissioners [5 ILCS

400/5.10].

2) "Sick leave bank" means a depository into which participating employees

may donate accrued sick leave time for allocation to other participating

employees [5 ILCS 400/5.15].

3) "Participating employee" means a permanent full- or part-time employee

who has been employed by a State agency for a period of 6 months or

more who voluntarily enrolls in the sick leave bank by depositing at least

one full day of accrued sick leave in that bank [5 ILCS 400/5.20]. An

employee who wishes to enroll must have a minimum of 5 days of accrued

sick time on the books.

4) "Catastrophic illness or injury" means temporary disability or incapacity

resulting from a life threatening illness or injury or illness or injury of

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ILLINOIS REGISTER 11300

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENT

other catastrophic proportion as determined by the Director. Factors

considered by the Director shall include the length of time the employee

must be absent from work due to illness or injury. Catastrophic illness or

injury may be due to, but not limited to, cancer, heart disease, stroke or

another serious illness or injury resulting in an employee missing more

than 25 work days.

5) "Personal catastrophic illness or injury" means a catastrophic illness or

injury to the employee or, if agreed upon by the agency head and the

Director, members of the employee's immediate family. Factors to be

considered in determining if an employee's immediate family members are

covered include the nature and duration of the catastrophic illness or

injury; whether the person is financially and emotionally dependent on the

employee; whether the presence of the employee is needed; and whether

the individuals are covered pursuant to collective bargaining negotiations.

Immediate family shall mean spouse, civil union partner, child, parent or

any person living in the employee's household for whom the employee has

custodial responsibility.

c) Participation in the sick leave bank is voluntary on the part of any employee.

Employees wishing to participate must be permanent full-time or part-time

employees with a minimum of 6 months of service.

d) A participating employee may deposit into the sick leave bank as much accrued

sick leave as desired provided that the participating employee shall retain in his

or her own account at least 5 sick days [5 ILCS 400/10(b)].

e) Employees may voluntarily enroll at any time. Employees shall wait 60 calendar

days after enrollment before utilizing the sick leave bank.

f) An employee may use up to 25 work days from the sick leave bank per 12-month

period, except that participating employees shall not use sick leave accumulated

in the sick leave bank until all of their accrued vacation, personal days, sick leave

and compensatory time have been used. The Director may approve limits of other

than 25 work days per 12-month period. Factors considered in determining if an

alternate limit should be approved include:

1) the personnel jurisdiction governing the agency and employees in

question;

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ILLINOIS REGISTER 11301

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENT

2) whether limits have been established through collective bargaining

negotiations;

3) the desire for uniformity among agency plans;

4) operational needs of the agency.

g) Any sick leave in the sick leave bank used by a participating employee shall be

only for the personal catastrophic illness or injury of the employee and may not be

transferred, returned or used for any other purpose.

h) Each State agency shall develop procedures, consistent with this Section, for

establishing a single sick leave bank for all agency employees.

i) Injuries and illnesses that are compensable under the Workers' Compensation Act

[820 ILCS 305] or Workers' Occupational Disease Act [820 ILCS 310] shall not

be eligible for sick leave bank use.

j) Participating employees who transfer from one agency to another may transfer

their participation in the sick leave bank [5 ILCS 400/10(f)].

k) An employee shall not be eligible to withdraw the sick leave time he or she has

contributed to the bank.

l) Decisions affecting a participating employee's use of the sick leave bank may be

submitted by the employee to a review committee. Unless otherwise approved by

the Department, the committee shall consist of one agency representative and two

Department representatives. In determining if alternative committee membership

should be approved, the Department shall consider the jurisdiction governing the

agency or employees in question. Decisions of review committees shall be final

and binding; however, employees are permitted to submit additional medical

documentation upon receipt of a denied application for use. The committee will

review the additional medical documentation and make a determination for

approval or denial based on the entirety of medical documentation provided.

m) Any abuse of the use of the sick leave bank shall be investigated by the agency

and the Department and upon a finding of wrongdoing on the part of a

participating employee, that employee shall repay all sick leave days drawn from

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ILLINOIS REGISTER 11302

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENT

the sick leave bank and shall be subject to other disciplinary action [5 ILCS

400/10(h)].

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

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ILLINOIS REGISTER 11303

20

ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Administration of the Illinois Public Community College Act

2) Code Citation: 23 Ill. Adm. Code 1501

3) Section Numbers: Proposed Actions:

1501.101 Amendment

1501.102 Amendment

1501.301 Amendment

1501.302 Amendment

1501.305 Amendment

1501.307 Amendment

1501.309 Amendment

1501.312 New Section

1501.313 New Section

1501.507 Amendment

4) Statutory Authority: Implementing and authorized by Articles II and III and Section 6-

5.3 of the Public Community College Act [110 ILCS 805/Arts. II and III and 6-5.3].

5) A Complete Description of the Subjects and Issues Involved: PA 100-884 streamlines

the Illinois Public Community College Act and eliminates statutory language that is

outdated, repeals programs and statutory functions no longer necessary, and clarifies

ambiguous language. These changes require the ICCB to amend its administrative rules

in the following areas:

Repeal a grant program for the establishment of a new college, campus, or branch.

Define "cooperative agreement".

Amend the approval process for cooperative agreements to reflect ICCB's approval

authority.

Clarify the extension of curricula/credit courses as a policy separate from the approval of

contractual agreements.

PA 100-1049 amends the Dual Credit Quality Act. The adopted amendment requires a

community college district, upon the request of a school district within the jurisdiction of

the community college district, to enter into a partnership agreement with the school

district to offer dual credit coursework. In addition, high school teachers who do NOT

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ILLINOIS REGISTER 11304

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

meet Higher Learning Commission (HLC) and IBHE or ICCB requirements to be

qualified faculty may teach dual credit courses under a professional development plan.

These changes require the ICCB to amend its administrative rules regarding dual credit.

6) Published studies or reports, and sources of underlying data, used to compose this

rulemaking: None

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

8) Does this rulemaking contain an automatic repeal date? Yes. Section 1501.513(a)(2)(B)

is repealed December 31, 2022.

9) Does this rulemaking contain incorporations by reference? No

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

Section Numbers: Proposed Actions: Illinois Register Citations:

1501.801 Amendment 44 Ill. Reg. 10855; June 26, 2020

1501.803 New Section 44 Ill. Reg. 10855; June 26, 2020

1501.804 New Section 44 Ill. Reg. 10855; June 26, 2020

11) Statement of Statewide Policy Objective: The proposed rulemaking does not create or

expand a State mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS

805/3].

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

Comments on the proposed rulemaking may be submitted in writing for a period of 45

days following publication of this Notice to:

Illinois Community College Board

Attn: Matt Berry

401 East Capitol Avenue

Springfield IL 62701-1711

217/785-7411

fax: 217/524-4981

[email protected]

13) Initial Regulatory Flexibility Analysis:

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ILLINOIS REGISTER 11305

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

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

affected: None

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

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: January 2020

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

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ILLINOIS REGISTER 11306

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER VII: ILLINOIS COMMUNITY COLLEGE BOARD

PART 1501

ADMINISTRATION OF THE ILLINOIS PUBLIC COMMUNITY COLLEGE ACT

SUBPART A: ILLINOIS COMMUNITY COLLEGE BOARD ADMINISTRATION

Section

1501.101 Definition of Terms and Incorporations by Reference

1501.102 Advisory Groups

1501.103 Rule Adoption (Recodified)

1501.104 Manuals

1501.105 Advisory Opinions

1501.106 Executive Director

1501.107 Information Request (Recodified)

1501.108 Organization of ICCB (Repealed)

1501.109 Appearance at ICCB Meetings (Repealed)

1501.110 Appeal Procedure

1501.111 Reporting Requirements (Repealed)

1501.112 Certification of Organization (Repealed)

1501.113 Administration of Detachments and Subsequent Annexations

1501.114 Recognition

1501.115 Data Repository

1501.116 Use, Security and Confidentiality of Data

1501.117 Shared Data Agreements

1501.118 Processing Fees

SUBPART B: LOCAL DISTRICT ADMINISTRATION

Section

1501.201 Reporting Requirements

1501.202 Certification of Organization

1501.203 Delineation of Responsibilities

1501.204 Maintenance of Documents or Information

1501.205 Recognition Standards (Repealed)

1501.206 Approval of Providers of Training for Trustee Leadership Training

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ILLINOIS REGISTER 11307

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

SUBPART C: PROGRAMS

Section

1501.301 Definition of Terms

1501.302 Units of Instruction, Research, and Public Service

1501.303 Program Requirements

1501.304 Statewide and Regional Planning

1501.305 College, Branch, Campus, and Extension Centers

1501.306 State or Federal Institutions (Repealed)

1501.307 Cooperative Agreements and Contracts

1501.308 Reporting Requirements

1501.309 Course Classification and Applicability

1501.310 Acceptance of Private Business Vocational School Credits by Community

Colleges in Select Disciplines

1501.311 Credit for Prior Learning

1501.312 Extension of Curricula/Credit Courses

1501.313 Dual Credit

SUBPART D: STUDENTS

Section

1501.401 Definition of Terms (Repealed)

1501.402 Admission of Students

1501.403 Student Services

1501.404 Academic Records

1501.405 Student Evaluation

1501.406 Reporting Requirements

SUBPART E: FINANCE

Section

1501.501 Definition of Terms

1501.502 Financial Planning

1501.503 Audits

1501.504 Budgets

1501.505 Student Tuition

1501.506 Published Financial Statements

1501.507 Credit Hour Claims

1501.508 Special Populations Grants (Repealed)

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ILLINOIS REGISTER 11308

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

1501.509 Workforce Preparation Grants (Repealed)

1501.510 Reporting Requirements

1501.511 Chart of Accounts

1501.514 Business Assistance Grants (Repealed)

1501.515 Advanced Technology Equipment Grant (Repealed)

1501.516 Capital Renewal Grants

1501.517 Retirees Health Insurance Grants (Repealed)

1501.518 Uncollectible Debts (Repealed)

1501.519 Special Initiatives Grants

1501.520 Lincoln's Challenge Scholarship Grants

1501.521 Technology Enhancement Grants (Repealed)

1501.522 Deferred Maintenance Grants (Repealed)

1501.523 Foundation Matching Grants (Repealed)

SUBPART F: CAPITAL PROJECTS

Section

1501.601 Definition of Terms

1501.602 Approval of Capital Projects

1501.603 State Funded Capital Projects

1501.604 Locally Funded Capital Projects

1501.605 Project Changes (Repealed)

1501.606 Progress Reports (Repealed)

1501.607 Reporting Requirements

1501.608 Approval of Projects from 110 ILCS 805/3-20.3.01

1501.609 Completion of Projects from 110 ILCS 805/3-20.3.01

1501.610 Demolition of Facilities

SUBPART G: STATE COMMUNITY COLLEGE

Section

1501.701 Definition of Terms (Repealed)

1501.702 Applicability (Repealed)

1501.703 Recognition (Repealed)

1501.704 Programs (Repealed)

1501.705 Finance (Repealed)

1501.706 Personnel (Repealed)

1501.707 Facilities (Repealed)

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ILLINOIS REGISTER 11309

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

SUBPART H: PERSONNEL

Section

1501.801 Definition of Terms

1501.802 Sabbatical Leave

1501.APPENDIX A Fee Schedule for Data Matching

AUTHORITY: Implementing and authorized by Articles II and III and Section 6-5.3 of the

Public Community College Act [110 ILCS 805].

SOURCE: Adopted at 6 Ill. Reg. 14262, effective November 3, 1982; codified at 7 Ill. Reg.

2332; amended at 7 Ill. Reg. 16118, effective November 22, 1983; Sections 1501.103, 1501.107

and 1501.108 recodified to 2 Ill. Adm. Code 5175 at 8 Ill. Reg. 6032; amended at 8 Ill. Reg.

14262, effective July 25, 1984; amended at 8 Ill. Reg. 19383, effective September 28, 1984;

emergency amendment at 8 Ill. Reg. 22603, effective November 7, 1984, for a maximum of 150

days; emergency amendment at 8 Ill. Reg. 24299, effective December 5, 1984, for a maximum of

150 days; amended at 9 Ill. Reg. 3691, effective March 13, 1985; amended at 9 Ill. Reg. 9470,

effective June 11, 1985; amended at 9 Ill. Reg. 16813, effective October 21, 1985; amended at

10 Ill. Reg. 3612, effective January 31, 1986; amended at 10 Ill. Reg. 14658, effective August

22, 1986; amended at 11 Ill. Reg. 7606, effective April 8, 1987; amended at 11 Ill. Reg. 18150,

effective October 27, 1987; amended at 12 Ill. Reg. 6660, effective March 25, 1988; amended at

12 Ill. Reg. 15973, effective September 23, 1988; amended at 12 Ill. Reg. 16699, effective

September 23, 1988; amended at 12 Ill. Reg. 19691, effective November 15, 1988; amended at

13 Ill. Reg. 1182, effective January 13, 1989; amended at 13 Ill. Reg. 14904, effective September

12, 1989; emergency amendment at 14 Ill. Reg. 299, effective November 9, 1989, for a

maximum of 150 days; emergency amendment expired on April 9, 1990; amended at 14 Ill. Reg.

4126, effective March 1, 1990; amended at 14 Ill. Reg. 10762, effective June 25, 1990; amended

at 14 Ill. Reg. 11771, effective July 9, 1990; amended at 14 Ill. Reg. 13997, effective August 20,

1990; expedited correction at 18 Ill. Reg. 3027, effective August 20, 1990; amended at 15 Ill.

Reg. 10929, effective July 11, 1991; amended at 16 Ill. Reg. 12445, effective July 24, 1992;

amended at 16 Ill. Reg. 17621, effective November 6, 1992; amended at 17 Ill. Reg. 1853,

effective February 2, 1993; amended at 18 Ill. Reg. 4635, effective March 9, 1994; amended at

18 Ill. Reg. 8906, effective June 1, 1994; amended at 19 Ill. Reg. 2299, effective February 14,

1995; amended at 19 Ill. Reg. 2816, effective February 21, 1995; amended at 19 Ill. Reg. 7515,

effective May 26, 1995; amended at 21 Ill. Reg. 5891, effective April 22, 1997; amended at 22

Ill. Reg. 2087, effective January 12, 1998; amended at 22 Ill. Reg. 17472, effective July 10,

1998; amended at 24 Ill. Reg. 249, effective December 21, 1999; amended at 24 Ill. Reg. 17522,

effective November 20, 2000; amended at 25 Ill. Reg. 7161, effective May 18, 2001; emergency

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ILLINOIS REGISTER 11310

20

ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

amendment at 25 Ill. Reg. 12863, effective September 28, 2001, for a maximum of 150 days;

emergency expired February 24, 2002; amended at 26 Ill. Reg. 646, effective January 7, 2002;

amended at 27 Ill. Reg. 17204, effective October 31, 2003; amended at 28 Ill. Reg. 14092,

effective October 18, 2004; amended at 29 Ill. Reg. 6239, effective April 25, 2005; amended at

30 Ill. Reg. 2755, effective February 21, 2006; amended at 32 Ill. Reg. 16396, effective

September 23, 2008; amended at 40 Ill. Reg. 14054, effective September 29, 2016; amended at

41 Ill. Reg. 11274, effective August 28, 2017; amended at 41 Ill. Reg. 15723, effective

December 18, 2017; amended at 42 Ill. Reg. 2819, effective January 24, 2018; amended at 42 Ill.

Reg. 18869, effective October 3, 2018; amended at 42 Ill. Reg. 24855, effective December 17,

2018; amended at 43 Ill. Reg. 7454, effective June 20, 2019; amended at 44 Ill. Reg. ______,

effective ____________.

SUBPART A: ILLINOIS COMMUNITY COLLEGE BOARD ADMINISTRATION

Section 1501.101 Definition of Terms and Incorporations by Reference

a) Definitions

"Act" means the Public Community College Act [110 ILCS 805].

"Board" means the Board of Trustees of an Illinois public community college

district.

"Classification of Instructional Programs" or "(CIP)" means a taxonomic scheme

that supports the accurate tracking and reporting of fields of study and program

completion activity.

"College" means an Illinois public community college.

"Executive Director" means the executive officer and the executive secretary of

the ICCB.

"ICCB" or "State Board" means the Illinois Community College Board.

"ICCB Grants" means funds appropriated by the State of Illinois to ICCB for

community colleges.

"Student Member" means the member of ICCB who has been selected by ICCB's

Student Advisory Committee. The student member has all the privileges of

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ILLINOIS REGISTER 11311

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

membership defined in Section 2-3 of the Act.

"Recognition Continued" means a status granted to a district that generally meets

ICCB standards.

"Recognition Continued-with Conditions" means a status granted to a district that

generally does not meet ICCB standards. A district is judged not to meet ICCB

standards when one or more of the following conditions exist:

the district continues to be out of compliance with standards cited during

the previous visit;

applicable standards are disregarded; and/or

the district is found to be out of compliance with significant applicable

standards.

"Recognition Interrupted" is a status granted to a district that fails to meet ICCB

standards within a specified period of time after being assigned a status of

recognition continued-with conditions.

"Shared Data Agreement" means a written contract between parties that defines

the care and handling of sensitive or restricted use data, including, but not limited

to, the terms of the agreement, ownership of the data, security measures and

access to the data, uses of the data, data confidentiality procedures, duration of the

agreement, and disposition of the data at the completion of the contract.

"Student Advisory Committee" or "SAC" means the ICCB student advisory

committee created by Section 2-1 of the Act.

"Student-Level Data" means demographic, performance, and other data that

pertains to a single student.

b) Incorporation by Reference

"Program Classification Structure", 2nd Edition (Technical Report 106) (1978).

Collier, Douglas J. This document may be obtained from the National Center for

Higher Education Management Systems (NCHEMS), 3035 Center Green Drive,

Suite 150, Boulder CO 80301-2251 or from [email protected]. This incorporation

by reference does not include any later editions or amendments.

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ILLINOIS REGISTER 11312

20

ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

Section 1501.102 Advisory Groups

a) Advisory Organizations. Independent organizations may be considered by the

ICCB to be advisory upon petition to the State Board. Independent organizations

so recognized by the ICCB as "advisory" will have the opportunity to bring

matters before the ICCB during a regular ICCB meeting and will have an

opportunity to provide advice to the ICCB on proposed rule and policy adoptions

and matters of interest to community colleges. An advisory organization may

have its recognition status withdrawn by action of the ICCB or by request of the

organization. Advisory organization recognition may be granted by the ICCB at

the request of an organization thatwhich meets the following criteria:

1) The organization exists independently of the ICCB and any individual

college;

2) A primary purpose of the organization is to deal with matters of

systemwide importance; and

3) Representatives of Illinois community college districts are included as

voting members of the organization.

b) Advisory Committees. Advisory committees to the ICCB may be authorized and

appointed by the ICCB. Membership and terms of appointment shall be

established at the time of authorization.

c) Student Advisory Committee

1) Purpose. The purposes of this committee are to:

A) Review proposed ICCB policies;

B) Inform the ICCB of systemwide issues that impact the education of

community college students; and

C) Select the ICCB Student Member.

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ILLINOIS REGISTER 11313

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

2) Membership. Each member of the Student Advisory Committee shall be

the nonvoting student member of the local district board of trustees. In the

case of multi-college districts, the student trustee of the district shall

automatically be designated as the voting member for the individual

college where he or she attends. If the student member of the local district

board of trustees cannot serve and, for colleges that are part of a multi-

college district not represented by the district's student member, the

district's president or chief executive officer may designate a student as a

voting member. No community college shall have more than one voting

member per college. The ICCB Student Member will serve ex officio.

3) Officers. The Student Advisory Committee shall annually select the

following officers from its membership to serve a one-year term: a Chair

to conduct the meeting of the Committee; a Vice Chair to assist the Chair,

to conduct the meeting if the Chair is absent, and to represent the SAC on

the IBHE Student Advisory Committee; and a Recording Officer to record

the minutes of all SAC meetings.

4) The Executive Director of ICCB shall call SAC meetings as necessary and

notify each local district board of trustees at least 30 days in advance.

5) ICCB Meetings. The SAC report shall be given at regular ICCB meetings

d) Selection of ICCB Student Member. The SAC will seek nominations for the

ICCB Student Member from all Illinois public community colleges. A college

district can nominate one candidate for this position. The nomination shall include

information such as personal information (name and address), number of credit

hours (current and expected), college and community activities, resume, letters of

reference, and rationale for desiring the position. The ICCB Student Member shall

be elected before June 1 by a majority vote of SAC members present from all

nominations who meet ICCB student membership requirements as delineated in

subsection (e).

e) Membership Requirements of ICCB Student Member. The ICCB Student

Member shall be enrolled in an Illinois public community college for a minimum

course load of six semester or quarter credit hours during both the fall and spring

semesters or equivalent(fall/winter/spring quarters) for each term of his/her

appointment. If the course load of the ICCB Student Member falls below the

minimum credit hours, that member shall be replaced by a majority vote of the

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ILLINOIS REGISTER 11314

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

SAC members present at the next SAC meeting.

f) Length of Term of ICCB Student Member. The ICCB Student Member shall

serve for a term of one year beginning on July 1 and expiring on June 30. No

ICCB Student Member shall serve for more than two terms. Service during a

partial term shall not be considered as one term.

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

SUBPART C: PROGRAMS

Section 1501.301 Definition of Terms

"Adult Basic Education" means basic skills courses designed to bring students to

a competency of Grade 8 equivalency, including English as a Second Language.

"Adult Secondary Education" means courses designed to bring students to a

competency of Grade 12 equivalency, including English as a Second Language,

and the high school equivalency examination preparation.

"Associate Degree" means an award for satisfactory completion of a curriculum

of 60 semester credit hours or more.

"Associate in Applied Science Degree" means an award for the

satisfactory completion of a prescribed curriculum intended to prepare

individuals for employment in a specific field.

"Associate in Arts Degree" means an award for the satisfactory

completion of a prescribed curriculum intended to transfer to

baccalaureate degree programs in one of the arts, humanities, or social or

behavioral sciences or one of the professional fields with these disciplines

as a base.

"Associate in Engineering Science Degree" means an award for the

satisfactory completion of a prescribed curriculum intended to transfer to

baccalaureate degree programs in engineering.

"Associate in Fine Arts Degree" means an award for the satisfactory

completion of a prescribed curriculum intended to transfer to

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ILLINOIS REGISTER 11315

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

baccalaureate degree programs in one of the fine arts: art, music, or

theater.

"Associate in General Studies Degree" means an award for the satisfactory

completion of a curriculum that has been individually designed by mutual

agreement between the student and his/her college-appointed advisor to

meet the student's educational intent.

"Associate in Science Degree" means an award for the satisfactory

completion of a prescribed curriculum intended to transfer to

baccalaureate degree programs in one of the mathematical, biological, or

physical sciences or one of the professional fields with these disciplines as

a base.

"Baccalaureate/Transfer Education" means coursework intended to prepare

individuals for transfer into a baccalaureate curriculum in a related field of study.

"Branch" means an administrative unit of a college that has a continuing

educational mission and serves as a secondary instructional site for the college.

"Bridge Instruction" means coursework in adult education, remedial education,

career and technical education, vocational skills education, or a combination of

these types of education, to prepare individuals for entering credit courses and

curricula.

"Campus" means an organized administrative unit of a college that has a

continuing educational mission and serves as a primary instructional site for the

college.

"Career and Technical Education" means organized educational programs of

study that prepare students for employment in a specific field and should be

aligned with related secondary and/or upper-division programs that require a

common knowledge and skill set.

"Certificate" means an award for satisfactory completion of a series of courses or

curriculum of less than 59 semester credit hours.

"General Certificate" means a noncredit award for satisfactory completion

of a series of courses of 30 semester credit hours or less in adult basic

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ILLINOIS REGISTER 11316

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

education, adult secondary education, remedial education, vocational

skills, or general studies.

"Occupational or Career and Technical Certificate" means a credit award

for satisfactory completion of a prescribed curriculum intended to prepare

an individual for employment in a specific field.

"College" means a district's administrative unit that is authorized by the Illinois

Board of Higher Education to grant postsecondary-level degrees and certificates,

is recognized by the ICCB, and provides a comprehensive program of instruction

in accordance with Section 1-2(e) of the Act.

"Contact Hour" means instructional time based on a 50-60 minute clock hour of

instructional activity that may include classroom, online, laboratory, clinical or

work-based instruction or any combination of those instructional methods.

"Cooperative Agreement" means a contract or agreement between a college and

one or more other colleges, organizations, associations, educational institutions,

or government agencies to obtain, deliver, or share educational services for

academic credit. A cooperative agreement does not include collective bargaining

agreements with any labor organization.

"Course" means a sequential presentation, through one or more instructional

modes, of subject matter in a particular field to meet specific objectives within a

designated time period, such as a semester or a quarter.

"Credit for Prior Learning" means evaluation and assessment of a student's life

learning through employment, training and experiences outside an academic

environment from which skills that comprise terminal objectives are mastered to

an acceptable degree of proficiency for college credit, certification or advanced

standing toward further education or training.

"Curriculum" means an approved unit of instruction consisting of a series of

courses designed to lead to an associate degree or a certificate.

"District Curriculum" means a curriculum approved for offering within a

district, on the basis of student interest, employment demand, and

available resources within the district.

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ILLINOIS REGISTER 11317

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

"General Studies Curriculum" means a curriculum designed to meet

individual student goals, in the promotion of personal improvement and

self-understanding.

"Regional Curriculum" means a curriculum approved for offering within a

particular region of the State, on the basis of student interest and

employment demand within the region. An institution holding authority to

offer a regional curriculum shall not exclude additional districts, including

those within the defined region or regional consortia of colleges, from

requesting approval to offer the same curriculum in its district.

"Statewide Curriculum" means a curriculum approved for offering on the

basis of student interest and employment demand statewide. An institution

holding authority to offer a statewide curriculum shall not exclude

additional districts from requesting approval to offer the same curriculum

statewide, regionally or in its district.

"Dual Credit Course" means a college course taken by a high school student for

credit at both the college and high school level [110 ILCS 27/5].

"Educational Agency" means an agency, corporation, or other defined legal entity

that offers instruction.

"Electronic Exchange System" means an online tool for organizing ICCB

proposals and tracking their status.

"Extension Center" means an instructional site for the college that is used for

offering some of the college's courses and/or programs for a limited duration.

"GECC" means the General Education Core Curriculum of the Illinois

Articulation Initiative.

"General Education Core Curriculum Credential" or "GECC Credential" means a

credential provided by the college for completion of the 37 to 41 credit hours to

satisfy the GECC.

"Higher Learning Commission" or "HLC" means an independent corporation that

serves as one of six regional institutional accreditors in the U.S. and accredits

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ILLINOIS REGISTER 11318

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

degree-granting post-secondary educational institutions in the North Central

Region, which includes Illinois.

"Instructional Activity" means classroom, online, laboratory, clinical or work-

based instruction or any combination of those instructional methods.

"Internship/Practicum" means a course of planned and supervised training that

allows the application of theory to actual practice and prepares a student for

working independently in a specific career. The internship/practicum generally

occurs after the student has completed 12 credit hours. It takes place at a regular

worksite and instruction/supervision is shared by a college instructor/supervisor

and a qualified employee at the worksite. Clinical practicums take place in a

hospital or other medical/health facility and require close

supervision/instruction/monitoring by a qualified college instructor.

"Laboratory" means a course of planned and supervised training in which students

learn new methods or principles through experimentation, observation, and/or

practice. A lab class can occur at the beginning, middle, or end of a particular

course of study and may be a specially equipped room designed for

experimentation, observation, and/or practice on the college campus or at the

worksite.

"Lecture" means a course presented in an oral or related format that allows for

content to be discussed among class participants.

"PBVS Program of Study" means any of the programs listed in Section 10 of the

Career and Workforce Transition Act [110 ILCS 151].

"Principal Site" means the official mailing address of the college.

"Private Business Vocational School" or "PBVS" means a non-degree granting

institution that is regulated and approved by the Board of Higher Education under

the Private Business and Vocational Schools Act of 2012 [105 ILCS 426] and that

is nationally accredited by an accreditor approved by the U.S. Department of

Education.

"Public Service" means noncredit classes and other activities of an educational

nature, such as workshops, seminars, forums, exhibits, and the provision of

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ILLINOIS REGISTER 11319

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ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

college facilities and expertise to the community, designed to be of service to the

public.

"Remedial Education" means courses in computation, communication (that is,

writing and speaking), and reading, designed to improve the competency of high

school graduates, or those persons achieving high school equivalency through

standardized testing, to the level necessary for placement into communication and

mathematics courses required of first-year college students. Remedial courses

reiterate basic skills that students were expected to have mastered before entry

into postsecondary education.

"Research" means investigations or experiments to discover or interpret facts, to

revise accepted theories, or to apply those revised theories.

"Secondary School" means a private or parochial secondary school, public

secondary school district, or public unit school district.

"Unit of Instruction" means any one of the following:

An organized program of study consisting of a sequence of courses that

results in the award to a student of a certificate or an associate degree.

Any existing organized program of study offered at a new geographical

location outside of the college district.

Any organized administrative entity that would have a continuing

instructional mission, including but not limited to a college, campus or

branch.

"Unit of Research or Public Service" means a college's subdivision (e.g., a

division, institute or center) that administers one or more research or public

service programs.

"Vocational Skills Education" means courses designed to provide short-term job

entry training, to upgrade the skills of persons already employed, or to review

skills for career re-entry.

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

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Section 1501.302 Units of Instruction, Research, and Public Service

a) Approval of New Units of Instruction. An application for approval of a proposed

new unit of instruction shall be submitted to the ICCB on forms provided by

ICCB. The criteria for approval of new units of instruction, which also apply to

existing programs offered by community colleges, are:

1) Mission and Objectives

A) The objectives of the unit of instruction are consistent with the

mission of the college as set forth in Section 1-2(e) of the Act.

B) The objectives of the unit of instruction are consistent with what

the title of the unit of instruction implies.

2) Academic Control

A) The design, conduct and evaluation of the unit of instruction are

under the direct and continuous control of the college's established

processes for academic planning and quality maintenance, and

clear provision is made for ensuring a high level of academic

performance of faculty and students.

B) The admission, course placement, and graduation requirements for

the unit of instruction are consistent with the stated objectives of

the unit of instruction and with Section 3-17 of the Act, when

applicable.

3) Curriculum. The content of the curriculum ensures that the objectives of

the unit of instruction will be achieved.

A) The range of total number of credit hours required for completion

of an associate degree curriculum shall be within the following

parameters:

i) For the Associate in Arts degree and the Associate in

Science degree, a total requirement of not less than 60

semester credit hours nor more than 64 semester credit

hours or the quarter credit hour equivalent;

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ii) For the Associate in Fine Arts and the Associate in

Engineering Science degree, a total requirement of not less

than 60 semester credit hours nor more than 68 semester

credit hours or the quarter credit hour equivalent;

iii) For the Associate in Applied Science degree, a total

requirement of not less than 60 semester credit hours nor

more than 72 semester credit hours or the quarter credit

hour equivalent, except in such occupational fields in

which accreditation or licensure by a state or national

organization requires additional coursework; and

iv) For the Associate in General Studies degree, a total

requirement of not less than 60 semester credit hours nor

more than 64 semester credit hours or the quarter credit

hour equivalent.

B) An associate degree curriculum shall include a specific general

education component consisting of coursework in communication,

arts and humanities, social and behavioral sciences, and

mathematics and science within the following parameters:

i) For the Associate in Arts degree and the Associate in

Science degree, the general education component required

will represent at least 37 semester credit hours or the

quarter hour equivalent for completion;

ii) For the Associate in Fine Arts degree, the general education

component required will represent at least 25 semester

credit hours or the quarter hour equivalent for completion;

iii) For the Associate in Engineering Science degree, the

general education component required will represent at

least 19 semester credit hours or the quarter hour equivalent

for completion;

iv) For the Associate in Applied Science degree, the general

education component required will represent at least 15

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semester credit hour or the quarter hour equivalent for

completion; and

v) For the Associate in General Studies degree, the general

education component required will represent no less than

20 semester credit hours or the quarter hour equivalent for

completion.

4) Faculty and Staff

A) The academic preparation and experience of faculty and staff

ensure that students receive education consistent with the

objectives of the unit of instruction.

B) The involvement of faculty in the unit of instruction is sufficient to

cover the various fields of knowledge encompassed by the

curriculum, to sustain scholarship appropriate to the unit of

instruction, and to ensure curriculum continuity.

C) Support personnel, including counselors, administrators, clinical

supervisors, and technical staff, have the educational background

and experience necessary to carry out their assigned

responsibilities.

5) Support Services

A) Facilities, equipment, and instructional resources (e.g., laboratory

supplies and equipment, instructional materials, computation

equipment) necessary to provide quality instruction will be

available and maintained.

B) Library holdings and acquisitions necessary to support quality

instruction and scholarship are available, accessible and

maintained.

C) Provision is made for the guidance and counseling of students, the

evaluation of student performance, the continuous monitoring of

progress of students toward their degree or certificate objectives,

the placement of completers of the unit of instruction, and

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appropriate academic record keeping.

6) Financing

A) The financial commitments to support the unit of instruction are

sufficient to ensure that the stated objectives can be attained and

that the faculty, staff and support services necessary to offer the

unit of instruction can be acquired and maintained.

B) Projections of revenues necessary to support the unit of instruction

are based upon supportable estimates of general revenue, student

tuition and fees, private gifts, and/or governmental grants and

contracts.

7) Public Information

The information that the college provides to students and the public

accurately describes: the unit of instruction offered; the objectives of the

unit of instruction; length of the unit of instruction; residency

requirements, if any; schedule of tuition, fees and all other charges and

expenses necessary for completion of the unit of instruction; cancellation

and refund policies; and such other material facts concerning the college

and the unit of instruction as are likely to affect the decision of the student

to enroll.

8) Accreditation and Credentialing

A) Appropriate steps have been taken to ensure that accreditation of

the proposed new unit of instruction will be granted in a reasonable

time.

B) The proposed new unit will provide the skills required to obtain

individual credentialing (certification, licensure, registration)

needed for entry into an occupation as specified in the objectives

of the proposed new unit of instruction.

9) Program Needs and Priorities

A) The unit of instruction must be educationally and economically

justified based on the educational priorities and needs of the

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citizens of Illinois and the college's district.

B) The unit of instruction meets a need that is not currently met by

units of instruction that are offered by other institutions in the

district.

b) Approval of New Administrative Units of Research or Public Service. An

application for approval of a proposed new administrative unit of research or

public service shall be submitted to the ICCB on forms provided by ICCB. The

criteria for approval of new administrative units of public service or research are:

1) The proposed new administrative unit shall be authorized by the board of

trustees;

2) The objectives of the proposed new administrative unit are consistent with

the mission of the college (see 110 ILCS/1-2(e));

3) The proposed new administrative unit shall meet a district's need to deliver

a public service or research program which cannot be met through the

district's current structure as indicated by an organizational chart;

4) The proposed new administrative unit shall administer at least one public

service or research program;

5) The needs assessment demonstrates that the demand for the public service

or research program to be administered by the proposed new unit shall be

continuous for at least three years; and

6) The district shall provide evidence that the resources for the facilities,

equipment and materials, and staff necessary to provide a quality program

or service shall be made available to the proposed new administrative unit.

c) Withdrawal. An approved unit of instruction, public service, or research may be

withdrawn by the college when it decides to suspend operation of the unit. The

withdrawal request shall be submitted to ICCB through an electronic exchange

system. Withdrawal of a curriculum will require reassignment of related courses.

d) Reasonable and Moderate Extensions

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1) An approved unit of instruction, public service, or research may be

modified or extended by the college within the parameters listed in

subsections (d)(2) through (4). The college shall notify ICCB of the

extensions on forms provided by ICCB.

2) Reasonable and moderate extensions of previously approved units of

instruction include:

A) The addition, modification or withdrawal of courses within an

approved unit of instruction that does not alter the objectives of the

unit of instruction.

B) A change in minimum credit hours for completion of an approved

unit of instruction that does not affect the instructional level of the

unit of instruction.

C) A change in title of an approved unit of instruction that does not

indicate a different objective of the unit than that previously

approved.

D) The creation of an option (major, concentration or specialization)

within an approved unit of instruction in which:

i) the option created is within the same general academic

discipline or occupational field as the previously approved

unit of instruction;

ii) the option created within a previously approved associate

degree curriculum shares a common core of first-year

courses with the previously approved unit of instruction;

and

iii) the option created does not substitute more than 15

semester credit hours of other courses for courses

previously approved as part of an associate degree

curriculum or cluster of closely related curricula, e.g., from

the same four-digit CIP code or substitute more than 9

semester credit hours of other courses for courses

previously approved as part of a certificate curriculum (or

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closely related cluster) of 30 semester credit hours or more.

E) The creation of certificate curricula from previously approved

associate degree curricula and certificate curricula, including

closely related curricula; e.g., from the same four-digit CIP code,

providing no more than 6 semester credit hours are substituted for

certificates of up to 30 semester credit hours or no more than 9

semester credit hours are substituted in certificates of 30 semester

credit hours or more.

F) The creation of certificate curricula of less than seven semester

credit hours from previously approved associate degree curricula

and certificate curriculum from the same two-digit CIP code.

G) Modifications. An approved unit of instruction, public service or

research may be modified by the colleges within the parameters

listed in subsection (d)(2)(D). The college shall notify ICCB of the

modifications through an electronic exchange system.

Modifications to existing units of instruction include:

i) The addition, modification or withdrawal of courses within

an approved unit of instruction that does not alter the

objectives of the unit of instruction;

ii) A change in minimum credit hours for completion of an

approved unit of instruction that does not affect the

instructional level of the unit of instruction;

iii) A change in title of an approved unit of instruction that

does not indicate a different objective of the unit than that

previously approved; or

iv) A change in program/course classification code that does

not alter the objectives of the unit of instruction.

3) Reasonable and moderate extensions of previously approved units of

research or public service include units with an annual operating

expenditure from whatever source of less than $250,000 or an annual

operating expenditure from state appropriations of less than $50,000.

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4) Reasonable and moderate extensions of previously approved units of

administration include any administrative reorganization of a college.

e) Approval in a Multi-College District. Approval of new units of instruction,

research, or public service in a multi-college district will be for a specific college.

Transfer of a unit to, or duplication of a unit by, other colleges within the district

constitutes a new unit requiring approval by the ICCB. However, up to 9 hours of

a program approved at one college may be offered by any other college in the

district at the option of the Board.

f) Inactivation. When a college no longer offers an approved unit of instruction to

additional new students, that unit of instruction shall be reported to the ICCB and

shall be removed from the college catalog and other documents advertising the

program offerings to the public. An inactive unit of instruction shall be

maintained on the ICCB Curriculum Inventory File with the date that it became

inactive for a period of at least 10 years. The effective date that a unit of

instruction becomes inactive shall be determined by the college.

g) Reactivation. A unit of instruction that has been inactivated by a college may be

reactivated by submitting the materials outlined in subsection (a) for review and

approval by ICCB.

1) A unit of instruction that has been inactive for less than three years may be

reactivated by the college once it has completed the following:

A) Obtained approval to reactivate the program from its chief

executive administrator;

B) Obtained approval to reactivate the program from agencies that

license, certify, or accredit the program, if appropriate; and

C) Submitted a request for reactivation and an updated copy of the

curriculum to ICCB.

2) A unit of instruction that has been inactive for three to 10 years may be

reactivated by the ICCB Executive Director if the college has completed

the following:

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A) Obtained approval to reactivate the program from its chief

executive administrator;

B) Obtained approval to reactivate the program from agencies that

license, certify or accredit the program, if appropriate;

C) Demonstrated through local surveys or State labor market data that

the labor market demand and supply shows a need for graduates of

the program;

D) Conducted a review of the program with representatives from

business and industry including on-site visits and advice regarding

current technologies and equipment;

E) Demonstrated, in accordance with subsections (a)(5) and (a)(6),

that the college has adequate facilities, equipment and financial

resources to offer a quality program;

F) Demonstrated, in accordance with Section 1501.303(f), that the

college has available qualified faculty to provide the instruction for

the program; and

G) Submitted a request for the reactivation and an updated copy of the

curriculum to ICCB.

3) A unit of instruction that has been inactive for over 10 years may be

reactivated by following the new unit approval process described in

subsection (a).

h) Discontinuation of Programs. The ICCB may discontinue programs thatfail to

reflect the educational needs of the area being served as follows:

1) Programs that do not meet standards of need, quality and cost

effectiveness may be discontinued by the ICCB. This determination shall

be made based on review and collective findings of information available

to the ICCB through ICCB and Illinois Board of Higher Education

program review, evaluation and productivity processes; the ICCB

Management Information System; and other sources of pertinent

information on the following criteria:

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ILLINOIS REGISTER 11329

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A) Program need, including educational priorities of the district,

accessibility, credit hours generated, enrollments, completions, and

labor market supply and demand.

B) Program quality, including job placement or education

continuation, program content, academic control, faculty

qualifications, and accreditation and credentialing.

C) Program costs, including adequacy of financial support and unit

costs.

2) ICCB will use special State-level analyses to identify programs that appear

to be of questionable need, cost or quality based on State data. Programs

identified through State-level analysis will be referred to the colleges to

enable them to evaluate the programs in detail in their normal process and

to obtain the results and comments from the local level.

3) ICCB will notify college districts of programs being considered for

discontinuation and shall grant the district 60 days to respond to concerns

regarding the program in question before action by the Board. This

information shall be taken into account in determining if a program should

be discontinued by the ICCB.

4) Once a program is discontinued by the ICCB and the appeal process is

concluded, the college must inactivate the program by not enrolling any

additional new students and develop a plan for an orderly discontinuation

of the program for students currently enrolled. Programs discontinued by

the ICCB may be reestablished by obtaining approval as a new unit of

instruction under subsection (a).

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

Section 1501.305 College, Branch, Campus, and Extension Centers

a) Approval of a New College. An application for approval for a proposed new

college shall be submitted to ICCB on forms provided by ICCB. The criteria for

approval of a new college are:

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ILLINOIS REGISTER 11330

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1) The proposed college shall be authorized by the Board of Trustees.

2) The proposed college shall meet educational needs that cannot be met

within that area of the district as demonstrated by a needs assessment. The

needs assessment shall include identification of all other educational

institutions providing postsecondary education within a 30-mile radius of

the proposed college, identification of student demand for postsecondary

education by program area within the service area of the proposed college,

a statement on how the establishment of the proposed college will impact

the enrollments on these postsecondary educational institutions within a

30-mile radius of the proposed college, a statement on how the

establishment of the proposed college will impact the current enrollments

of the district's present colleges, and of student enrollments for the

proposed college.

3) The proposed college shall provide a comprehensive program of

instruction as specified in Section 1-2(e)101-2(e) of the Act.

4) The district shall certify that the resources for the facilities, equipment,

instructional materials, library holdings, and faculty and staff necessary to

provide quality instruction pursuant to Section 1501.302 shall be made

available to the proposed college.

5) The needs assessment substantiates that the student enrollment for the

proposed college shall be at least 1,000 full-time equivalent students

(30,000 semester credit hours) per year by the second full year of

operation.

6) The district shall have at least $150 million of assessed valuation for each

of its colleges, including the proposed college.

7) The proposed college shall serve a population of at least 60,000 or a

geographic area of at least three entire counties.

8) The plans to obtain regional accreditation for the proposed college have

been developed.

b) Approval of a Branch or Campus. An application for approval of a proposed

branch or campus shall be submitted to ICCB on forms provided by ICCB. The

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ILLINOIS REGISTER 11331

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criteria for approval of a branch or campus are:

1) The proposed branch or campus shall be authorized by the Board of

Trustees.

2) The proposed branch or campus shall meet educational needs that cannot

be met in that area of the district as demonstrated by a needs assessment.

3) The college shall certify that resources for facilities, equipment,

instructional materials, library holdings, and faculty and staff necessary to

provide quality instruction pursuant to Section 1501.302 shall be made

available to the proposed branch or campus.

4) The proposed branch or campus shall provide student and academic

support services on site that are adequate pursuant to Section 1501.302 to

support the curricula offered and the students in attendance at the branch

or campus.

c) To qualify for a grant of up to $100,000 for the establishment of a college,

campus or branch once approval has been granted by the ICCB, all of the

following conditions must be met:

1) The college, campus or branch shall meet the conditions specified in

Section 3-12.2 of the Act.

2) The college district shall request the ICCB to include the grant in its

budget request submitted to IBHE and shall include a justification of the

need and proposed use of the grant.

3) Funds for the college, campus or branch shall have been appropriated.

cd) Extension Centers. An extension center located within the community college

district is a reasonable and moderate extension of a college and may be

established at the discretion of the district's Board of Trustees. An extension

center located outside the community college district requires ICCB approval

under Section 1501.307.

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

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ILLINOIS REGISTER 11332

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Section 1501.307 Cooperative Agreements and Contracts

Cooperative agreements and contracts with other Illinois educational agencies and those out of

state may be established for the purpose of providing more accessible instructional services to

students and increasing efficiency in the use of educational resources. An application for

approval shall be submitted to ICCB on forms provided by ICCB., subject to the following

conditions:

a) A new unit of instruction to be offered by a community college solely through a

cooperative agreement or contract with another educational agency is subject to

approval by the ICCB as indicated in Section 1501.302.

b) Agreements with Secondary Schools. If a community college enters into a

cooperative agreement or contract with a secondary school to provide advanced or

specialized secondary-level courses in either the academic or vocational field, the

college shall charge the secondary school the per capita cost of offering such

instruction, in which case the college shall not claim ICCB credit hour grants for

these secondary school students, or the college shall charge the secondary school

for secondary school student participation in accordance with a joint agreement

between the college and the secondary school district under Section 10-22.20a of

the School Code [105 ILCS 5/10-22.20a]. When charges are made pursuant to a

joint agreement, credit hour grants may be claimed in accordance with Section

1501.507.

ac) In-District Cooperative Agreements for Instruction. A community college district

may enter into in-district contractual arrangements to deliver or obtainprovide

educational programs or services within its district for previously approved units

of instruction upon approval by the ICCB. Copies of these contractual

arrangements shall be kept on file at the district central administrative office.

Criteria for the approval of in-district agreements for instruction shall be:

1) accessibility of instruction to students;

2) labor market need;

3) cost-effectiveness in providing instructional programs;

4) comprehensiveness of available programs for student;

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5) impact on regional and statewide programs;

6) impact on programs at neighboring community college districts,

applicable only if the college is delivering service outside its district; and

7) the partnering entity's past experience in offering similar units of

instruction, applicable only if partnering to obtain services.

bd) Interdistrict Cooperative Agreements for Instruction. A community college

district may enter into interdistrict contractual arrangements with another

community college district to enable its students to attend the other district's

programsprogram(s)/coursescourse(s) upon approval by the ICCB.

1) Criteria for the approval of interdistrict agreements for instruction shall be:

A) accessibility of instruction to students

B) labor market need

C) comprehensiveness of available programs for students

D) cost-effectiveness in providing instructional programs

E) impact on regional and statewide programs

F) impact on programs at neighboring community college districts

12) The curricula included in the cooperative agreement for instruction shall

be listed in the catalog of the college that does not have the program but is

making it available to its students through a contractual arrangement with

another college. A copy of the listing shall be kept on file at the district

central administrative office.

23) Interdistrict Cooperative Agreements may be entered into for courses

and/or curricula offered through Illinois Community Colleges Online. The cooperative agreement shallmay specify that the programs/courses will be approved as programs/courses of the receiving district and will be included in the receiving district's Illinois Community College Board curricula and course master files as such. This agreement would allow the receiving institution to offer the program only through online delivery

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through the sending college. The sending institution will be the institution of academic control of the course/curriculum.ICCB approval for such agreements will be based on the following:

1) a request for approval must be filed in a format specified by the

ICCB; 2) the request must be accompanied by a draft cooperative agreement

and a signed statement of agreement that the program/course will be offered only through online delivery and that both the sending and receiving institutions agree that the sending institution will be the institution of academic control of the course/curriculum;

3) the receiving institution must notify ICCB if and when the

cooperative agreement is no longer operational so that the program/course can be removed from the approved ICCB program/course file.

ce) Copies of these contractual arrangements shall be kept on file at the district

central administrative office.Out-of-District Cooperative Agreements for

Instruction. A community college district may enter into contractual

arrangements with other public or nonpublic institutions of higher education for

the delivery of units of instruction upon approval by ICCB. Criteria for approval

of out-of-district agreements for instruction shall be:

1) accessibility of instruction to students

2) labor market need

3) comprehensiveness of available programs for students

4) cost-effectiveness in providing instructional programs

5) impact on regional and statewide programs

6) impact on programs at neighboring community college districts

f) Changes, revisions, or additions to cooperative agreements previously approved

by the ICCB are reasonable and moderate extensions and must be reported to the

ICCB prior to implementation.

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ILLINOIS REGISTER 11335

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g) Extension of Curricula/Credit Courses into Another Community College District.

1) A community college may extend previously approved credit courses into

another community college district with approval of the other community

college district.

2) A community college may extend previously approved curricula into

another community college district upon approval of the ICCB. Criteria

for approval shall be:

A) a request from the community college district in which the

proposed extension is to be offered

B) labor market need

C) cost-effectiveness in providing instructional programs

D) adequacy of facilities and support services

E) impact on regional and statewide programs

F) impact on programs at neighboring community college districts

3) If a district in which military installations, correctional institutions, or

other state or federal institutions are located elects not to provide

previously approved units of instruction to these institutions, any other

college may apply to the ICCB to do so. If more than one college applies,

the ICCB will select a college using the following criteria:

A) The proximity of the college to the institution.

B) The availability at the college of the instructional units needed by

the institution.

C) The cost of providing the instructional units for the institution.

D) The college's past experience in offering similar units of

instruction.

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ILLINOIS REGISTER 11336

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h) Extension of Curricula/Credit Courses Out of State. Curricula and credit courses

offered at out-of-state locations (except for field trips and travel that are in

conjunction with a course offered within the district) must have prior annual

approval by the ICCB. A community college shall be granted approval to offer

previously approved curricula and credit courses out of state provided that it

meets the following criteria:

1) A request for approval including information about the curricula and

courses, location of the proposed extension, projected enrollments, and

projected funding is submitted on forms provided by the ICCB.

2) The college shall identify how the extension will be used by students to

complete degree or certificate programs.

3) If the extension is offered for out-of-state students, the college shall

submit a copy of a written request from the group desiring the service and

assurance that no state or local tax monies will be used to provide such

extensions.

4) The college shall submit annual reports of its out-of-state extensions for

the past fiscal year, on forms provided by the ICCB, by July 15 of each

year.

5) The college shall request approval of its out-of-state extensions, on forms

provided by the ICCB, prior to May 15 for the fiscal year beginning on the

next July 1.

6) Deletion, modification, or addition of courses and curricula offered at out-

of-state extensions previously approved by the ICCB are reasonable and

moderate extensions and must be reported to the ICCB.

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

Section 1501.309 Course Classification and Applicability

a) Course Classification. Information on courses for which credit is to be awarded

shall be submitted to ICCB through an electronic exchange system in order for the

courses to be classified into appropriate instructional and funding categories and

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added to the college's Management Information System (MIS) Course Master

File.

b) Course Credit Hour Determination

1) Credit hours for courses for which ICCB credit hour grants are to be

claimed shall be determined on the basis of an expected 45 hours of

combined classroom/laboratory and study time for each semester hour or

30 hours of that time for each quarter credit hour.

2) Lecture Courses. Courses with students participating in lecture/discussion

oriented instruction shall be assigned one semester credit hour or

equivalent for each 15 classroom contact hours, at a minimum, of

instruction per semester or equivalent. It is assumed that two hours of

outside study will be invested for each classroom contact hour.

3) Laboratory Courses. Courses in which students participate in

laboratory/clinical-laboratory oriented instruction shall be assigned one

semester credit hour or equivalent for each 30-45 classroom contact hours,

at a minimum, of instruction per semester or equivalent. It is assumed that

one hour of outside study will be invested for each two laboratory contact

hours.

4) Clinical Practicum courses. Courses in which students participate in

clinical practical experiences shall receive one semester credit hour or

equivalent each 30-60 contact hours, at a minimum, per semester or

equivalent. It is expected that one hour of outside study time will be

invested for each two clinical practicum contact hours.

5) Internship Courses. Courses in which students participate in nonclinical

internship, practicum, or on-the-job supervised instruction shall receive

one semester credit hour or equivalent for each 75-149 contact hours, at a

minimum, per semester credit hour or equivalent.

6) Students who participate in an approved program with an intensified or

accelerated schedule shall be exempt from the contact hour requirements

of this subsection (b).

c) Course Syllabus. A syllabus shall be developed and maintained for each credit

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course and shall be available to the public and students upon request. A syllabus

contains the description of the course, specific objectives of the course, a topical

outline, and the method for evaluating student performance.

d) Course Applicability. All credit courses must be part of an approved unit of

instruction (see Section 1501.302), and the approved unit of instruction for each

course shall be indicated on the college's ICCB MIS Course Master File.

1) Lower-division Baccalaureate Courses. Courses designed to meet lower-

division baccalaureate degree requirements shall be applicable to associate

transfer degrees. For each baccalaureate course offered, the college shall

either obtain approval for the course to be listed as a Statewide articulated

transfer course by a general education or baccalaureate major panel of the

Illinois Articulation Initiative or maintain current written articulation

agreements or transfer equivalency documents with:

A) at least three Illinois public universities;

B) at least three baccalaureate degree-granting institutions to which a

majority (51%) of the college's students transfer; or

C) one or more baccalaureate degree-granting institutions to which a

majority (51%) of the college's students, majoring in the field for

which the course is required, transfer.

2) GECC Credential. Upon a student's completion of the GECC, a college is

authorized to award a GECC credential, which shall, at a minimum,

consist of a notation on a transcript for the student achieving the

credential.

3) Remedial Course Credit. No remedial course credit shall be applicable to

associate degrees designed for transfer to institutions granting

baccalaureate degrees.

4) Adult Basic Education Course Credit. No adult basic education course

credit applies to degrees or to certificates, except the Adult Basic

Education Certificate.

5) Adult Secondary Education Course Credit. No adult secondary or college

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preparatory education course credit applies to degrees or certificates,

except the Adult Secondary Education Certificate.

6) Career and Technical Education Course Credit. Courses designed to

prepare individuals with a technical skill shall be applicable towards the

requirements or electives for completion of an associate's degree (applied

or transfer) or a career and technical education certificate.

7) General Studies Course Credit. General studies course credit applies only

to the Personal Development; Homemaking; Improving Family

Circumstances; Intellectual and Cultural Studies; Community and Civic

Development; and Health, Safety and Environment Certificates.

e) Special Upper-Division Courses

1) A college may offer any course that is offered by a university, regardless

of numbering system, if the university normally permits its own students

to take the course as lower-division students. These courses will be

eligible for ICCB grants, if they meet all other criteria.

2) If at least three public universities in Illinois agree, or if a public university

that is the principal recipient of transfers from the community college

agrees, certain special courses taught at the upper-division level may be

offered by a college and be eligible for ICCB grants, provided they meet

all other criteria.

f) Independent Study. Independent Study course credit shall not exceed 25 percent

of the credit hour requirements for a student to earn an associate degree. The

topic of an independent study course shall be listed on the student's permanent

academic record.

g) Internships. An internship experience for credit that is designed to provide the

student an opportunity to put into practice the theories and techniques learned in

the classroom/laboratory shall be applicable to an associate degree or certificate,

provided at least 12 semester credit hours or equivalent in the corresponding

curriculum are completed by the student before, or are taken by the student

concurrently with, the experience.

h) Courses Approved as Repeatable

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1) Courses in which the content varies from term to term or from student to

student (e.g., independent study, special topics, and internship courses) or

in which a student is expected to gain increased depth of knowledge and

skill through repetition shall, at the request of the college, be approved for

repeatability under the following conditions:

A) The number of times the course may be taken for credit does not

exceed four times, or the semester or quarter equivalent, e.g., a

single course can be taken one time and repeated no more than

three times per student;

B) The method of determining the amount of credit to be awarded for

each section of the course, for each term, or for each student is

specified in the college's catalog, on the course syllabus, and on the

course classification form, and the subject matter and number of

credits for which the student enrolled is specified on the student's

permanent academic record;

C) The college's catalog, the course syllabus, and the course

classification form requesting approval of repeatability by the

ICCB indicate the number of such credits that will apply to degree

or certificate completion for a single course or a combination of

related courses; and

D) The total number of credit hours for a single course or for a

combination of related courses that are applicable to degree or

certificate completion does not exceed the maximums established

in subsection (b) governing credit hour determination, subsection

(f) governing independent study, or Section 1501.507(b)(10)

governing the maximum rate of credit hour production.

2) Vocational skill courses that must be retaken periodically by law for

persons employed in an occupation or vocation to maintain employment

shall, at the request of the college, be approved for repeatability beyond

the limits described in subsection (h)(1)(A) under the following

conditions:

A) The content of the course is determined by law and does not

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change from one year to the next; and

B) A copy of the law (or regulation administering it) and a course

syllabus accompany the course classification form requesting

repeatability.

3) An adult basic, adult secondary, or a remedial education course that is

organized into discrete modules and offered for variable credit shall, at the

request of the college, be approved for repeatability under the following

conditions:

A) No discrete module is repeated more than three times;

B) The title of a module completed and the grade received is

permanently recorded on the student's permanent academic record;

and

C) The content and number of credit hours for a discrete module is

shown on the course syllabus and on the course classification form

requesting approval of repeatability by ICCB.

4) An adult basic, adult secondary or remedial education course that is not

organized into discrete modules shall, at the request of the college, be

approved for repeatability under the following conditions:

A) The number of times the course may be taken for credit does not

exceed four times, or the semester or quarter equivalent; e.g., a

single course can be taken one time and repeated no more than

three times per student.

B) The variety of skill levels included in the course and the methods

used to accommodate individual differences based on an

assessment of student skills is specified in the course syllabus; and

C) The course title and the grade received is permanently recorded on

the student's academic record each time that the course is taken.

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

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Section 1501.312 Extension of Curricula/Credit Courses

a) A community college may extend previously approved credit courses into another

community college district with approval of the other community college district.

b) A community college may extend previously approved curricula into another

community college district upon approval of ICCB. Criteria for approval shall be:

1) a request from the community college district in which the proposed

extension is to be offered;

2) labor market need;

3) cost-effectiveness in providing instructional programs;

4) adequacy of facilities and support services;

5) impact on regional and statewide programs; and

6) impact on programs at neighboring community college districts.

c) If a district in which military installations, correctional institutions, or other State

or federal institutions are located elects not to provide previously approved units

of instruction to these institutions, any other college may apply to ICCB to do so.

If more than one college applies, ICCB will select a college using the following

criteria:

1) proximity of the college to the institution;

2) availability at the college of the instructional units needed by the

institution;

3) cost of providing the instructional units for the institution; and

4) college's past experience in offering similar units of instruction.

d) Curricula and credit courses offered at out-of-state locations (except for field trips

and travel that are in conjunction with a course offered within the district) must

have prior annual approval by ICCB. A community college shall be granted

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approval to offer previously approved curricula and credit courses out of State

provided that it meets the following criteria:

1) A request for approval including information about the curricula and

courses, location of the proposed extension, projected enrollments, and

projected funding is submitted on forms provided by ICCB.

2) The college shall identify how the extension will be used by students to

complete degree or certificate programs.

3) If the extension is offered for out-of-state students, the college shall

submit a copy of a written request from the group desiring the service and

assurance that no State or local tax monies will be used to provide the

extension.

4) The college shall submit annual reports of its out-of-state extensions for

the past fiscal year, on forms provided by ICCB, by July 15 of each year.

5) The college shall request approval of its out-of-state extensions, on forms

provided by ICCB, prior to May 15 for the fiscal year beginning on the

next July 1.

6) Deletion, modification or addition of courses and curricula offered at out-

of-state extensions previously approved by ICCB are reasonable and

moderate extensions and must be reported to ICCB.

(Source: Added at 44 Ill. Reg. ______, effective ____________)

Section 1501.313 Dual Credit

a) Dual credit courses offered by the college for high school students during the

regular school day shall be college-level and shall meet the following

requirements:

1) State Laws and Regulations and Accreditation Standards. All State laws,

ICCB regulations, accreditation standards specified by the Higher

Learning Commission, and local college policies that apply to courses,

instructional procedures, and academic standards at the college apply to

college-level courses offered by the college on campus, at off-campus

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sites, and at secondary schools. These policies, regulations, instructional

procedures, and academic standards apply to students, faculty and staff

associated with these courses.

2) Instructors. The instructors for these courses shall be selected, employed

and reviewed by the community college. They shall be selected from

individuals with appropriate credentials and demonstrated teaching

competencies at the college level.

A) For instructors teaching transfer courses (1.1 PCS (in the ICCB

Program Classification System)), these qualifications shall include

a minimum of a master's degree within the discipline or any

master's degree with 18 graduate hours appropriate to the academic

field of study or in the discipline in which the instructors will be

teaching.

B) High school instructors teaching dual credit transfer courses who

do not meet the faculty credential standards of this subsection

(a)(2) to determine minimally qualified faculty may teach dual

credit courses if the instructor has a professional development

plan, approved by the college and shared with the State Board of

Education, by December 31, 2022, to raise his or her credentials

to be in line with these credentials.

i) The college shall have 30 days to review the plan and

approve an instructor professional development plan that is

in line with the credentials appropriate to the discipline

being taught.

ii) These approvals shall be good for as long as satisfactory

progress toward the completion of the credential is

demonstrated, but in no event shall a professional

development plan be in effect for more than 3 years from

the date of its approval.

iii) The instructor shall qualify for a professional development

plan if the instructor has a master's degree in any

discipline and has earned 9 graduate hours in a discipline

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in which he or she is currently teaching or expects to teach;

or

• Has a bachelor's degree with a minimum of 18

graduate hours in a discipline that he or she is

currently teaching or expects to teach; and

• Agrees to demonstrate his or her progress toward

completion to the supervising college, as outlined in

the professional development plan. [110 ILCS

27/20(1)(B)]

iv) The provisions of this subsection (a)(2)(B) shall not apply

after December 31, 2022.

C) For instructors teaching career and technical education (1.2 PCS)

courses, these qualifications shall include 2,000 hours of work

experience and appropriate recognizable credentials and

demonstrated teaching competencies appropriate to the field of

instruction.

3) Qualification of Students. Students accepted for enrollment in college-

level courses must have appropriate academic qualifications, a high level

of motivation, and adequate time to devote to studying a college-level

course. The students' course selections shall be made in consultation with

high school counselors and/or principals and are restricted to students who

are able to demonstrate readiness for college-level work, as determined by

placement procedures consistent with those that would be used with

college level students. The students shall meet all college criteria and

follow all college procedures for enrolling in courses. Credit hours

generated by freshman and sophomore students for dual credit courses are

not eligible for reimbursement.

4) Placement Testing and Prerequisites. High school students enrolling in

college-level courses must satisfy the same course placement tests or

course prerequisites as other college level students, when applicable, to

assure that they are qualified and prepared.

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5) Course Offerings. Courses shall be selected from transfer courses that are

direct equivalents of those of baccalaureate institutions in Illinois (i.e.,

have been articulated) (see 23 Ill. Adm. Code 1501.309(d)) or from

courses in ICCB approved certificate or associate in applied science

degree programs.

6) Course Requirements. The course outlines utilized for these courses shall

be the same as for courses offered on campus and at other off-campus sites

and shall contain the content articulated with colleges and universities in

the State. Course prerequisites, descriptions, outlines, requirements,

learning outcomes and methods of evaluating students shall be the same as

for on-campus offerings.

7) Concurrent Credit. The determination of whether a college course is

offered for concurrent high school and college credit shall be made at the

secondary level, according to the school's policies and the practices of the

district.

b) A community college district shall, upon the request of a school district within the

jurisdiction of the community college district, enter into a partnership agreement

with the school district to offer dual credit coursework.

1) A school district may offer any course identified in the Illinois Articulation

Initiative General Education Core Curriculum package under the Illinois

Articulation Initiative Act [110 ILCS 152] as a dual credit course on the

campus of a high school of the school district and may use a high school

instructor who has met the academic credential requirements under this

subsection (b) to teach the dual credit course. [110 ILCS 27]

2) The partnership agreement shall include all of the following:

A) definition of roles and responsibilities for both the college and the

high school;

B) the dual credit courses that the high school district will offer its

students and location of courses;

C) criteria for eligibility for high school students to enroll in dual

credit coursework;

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D) limitations that the college or school district may have on course

offerings;

E) requirements for academic credentials for dual credit instructors,

consistent with ICCB rules and Higher Learning Commission

standards;

F) criteria by which the school district shall identify, and the college

review and approve, high school instructors of dual credit on the

high school campus;

G) criteria as to how the college will take appropriate steps to ensure

that dual credit courses are equivalent to those offered at the

community college; and

H) identification of costs associated with the dual credit course.

3) The college shall establish a mechanism for evaluating and documenting

on a regular basis the performance of students who complete dual credit

courses consistent with students in traditional credit-bearing college

courses.

4) If, within 180 calendar days after the school district's initial request to

enter into a partnership agreement with the community college district,

the school district and the community college district do not reach

agreement on the partnership agreement, then the school district and

community college district shall jointly implement the provisions of the

Model Partnership Agreement, published on the ICCB website. [110 ILCS

27/16]

5) A college may combine its negotiations with multiple high schools to

establish one multi-district partnership agreement or may negotiate

individual partnership agreements at its discretion.

(Source: Added at 44 Ill. Reg. ______, effective ____________)

SUBPART E: FINANCE

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ILLINOIS REGISTER 11348

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Section 1501.507 Credit Hour Claims

a) Claims. Claims for credit hours shall be submitted within 30 days after the end of

each term in a format used by ICCB.

b) Course Requirements. Courses that produce credit hours eligible for ICCB grants

shall satisfy the following requirements:

1) Courses shall be offered for the number of credit hours for which they are

approved by ICCB.

2) Courses that have variable credit hours shall be claimed in specified

increments only up to the maximum credit value approved for the course.

3) Course data shall be posted to the permanent academic record of each

student claimed.

4) Courses shall be a part of units of instruction that have been approved by

ICCB, or the courses must be authorized extensions of existing units of

instruction.

5) Courses shall have specific written objectives.

6) A course outline shall be available for review by any student or citizen.

7) Courses shall have a method of evaluating student performance that

follows the adopted college grading system.

8) Courses shall follow the adopted college policies on student tuition.

9) The following categories of physical education courses shall be the only

ones to produce eligible credit hours:

A) electiveElective physical education courses;

B) requiredRequired courses for majors and minors in physical

education, recreational leadership, and related programs;

C) physicalPhysical education courses in teacher education programs

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as required by the State Educator Preparation and Licensure Board.

10) Courses shall produce a maximum rate of one semester credit hour or

equivalent per week. Requests for exceptions to this requirement may be

submitted to ICCB. The criteria utilized by ICCB for exceptions shall

include:

A) documentation of need for an intensified or accelerated schedule;

B) student population identified with testing and/or screening to

indicate special needs and/or competencies;

C) how courses are instructed, including schedule of classes, study

time allotted for students, method of instruction and how students

are evaluated;

D) time period of instructional activity and projected termination date;

E) procedures to evaluate the accelerated instructional activity.

11) Dual Credit courses offered by the college for high school students during

the regular school day shall be college-level and shall meet the following

requirements:

A) State Laws and Regulations and Accreditation Standards. All State

laws, ICCB regulations, accreditation standards specified by the

North Central Association, and local college policies that apply to

courses, instructional procedures and academic standards at the

college apply to college-level courses offered by the college on

campus, at off-campus sites, and at secondary schools. These

policies, regulations, instructional procedures and academic

standards apply to students, faculty and staff associated with these

courses.

B) Instructors. The instructors for these courses shall be selected,

employed and evaluated by the community college. They shall be

selected from individuals with appropriate credentials and

demonstrated teaching competencies at the college level. For

transfer courses (1.1 PCS (in the ICCB Program Classification

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System)), these qualifications shall include a minimum of a

Master's Degree with 18 graduate hours appropriate to the

academic field of study or in the discipline in which they will be

teaching. For career and technical education (1.2 PCS) courses,

these qualifications shall include 2,000 hours of work experience

and appropriate recognizable credentials, depending on the specific

field.

C) Qualification of Students. Students accepted for enrollment in

college-level courses must have appropriate academic

qualifications, a high level of motivation, and adequate time to

devote to studying a college-level course. The students' course

selections shall be made in consultation with high school

counselors and/or principals and are restricted to students who are

able to demonstrate readiness for college-level work, as

determined by placement procedures consistent with those that

would be used with college level students. The students shall meet

all college criteria and follow all college procedures for enrolling

in courses. Credit hours generated by freshman and sophomore

students for dual credit courses are not eligible for reimbursement.

D) Placement Testing and Prerequisites. High school students

enrolling in college-level courses must satisfy the same course

placement tests or course prerequisites as other college level

students, when applicable, to assure that they are qualified and

prepared.

E) Course Offerings. Courses shall be selected from transfer courses

that have been articulated with baccalaureate institutions in Illinois

(see 23 Ill. Adm. Code 1501.309(d)) or from courses in ICCB

approved certificate or associate in applied science degree

programs.

F) Course Requirements. The course outlines utilized for these

courses shall be the same as for courses offered on campus and at

other off-campus sites and shall contain the content articulated

with colleges and universities in the State. Course prerequisites,

descriptions, outlines, requirements, learning outcomes and

methods of evaluating students shall be the same as for on-campus

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offerings.

G) Concurrent Credit. The determination of whether a college course

is offered for concurrent high school and college credit shall be

made at the secondary level, according to the school's policies and

the practices of the district.

c) Student Requirements. The following requirements shall apply to students who

generate credit hours eligible for ICCB grants.:

1) Students shall be certified by their instructors as being in attendance at

midterm by including a certification statement on the midterm class roster,

signed and dated by the instructor.

2) Students who complete a course with a passing grade by the end of the

term and who were not certified as being in attendance at midterm by the

instructor shall be considered as having been in attendance at midterm.

3) Students enrolled in variable entry/variable exit classes or short-term

classes of less than eight weeks may be certified by their instructors as

having been in attendance at midterm by including a certification

statement on the final class roster, signed and dated by the instructor.

4) Students shall be residents of the State of Illinois.

5) Auditors or visitors in a course shall not produce eligible credit hours.

6) Students who repeat enrollment in a course shall produce credit hours

eligible for ICCB grants when one of the following conditions is met.:

A) If the student completed the course the first time of enrollment

with less than a grade of C (or equivalent) and if the student was

claimed for funding, the student may enroll and be claimed in the

course one additional time.;

B) If the student enrolled in the course previously and withdrew

before completing the course, and if the student was claimed for

funding, the student may enroll and be claimed in the course one

additional time.;

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C) If a student completed the course previously and was claimed for

funding, the student may be claimed for retaking the course if the

student uses his/her option to retake the course tuition free under

the college's educational guarantee program.;

D) If the last time the student completed the course was at least four

years previously, the student may be claimed for funding if the

student repeats the course to upgrade his/her skills in that area.; or

E) If a course has been approved by ICCB to be repeated, the student

may repeat the course and be claimed as often as approved by

ICCB.

d) Exceptions. The following credits will not be eligible for ICCB funding:

1) creditCredit by examination;

2) militaryMilitary service credit for physical education;

3) transferTransfer of credit earned at other institutions or in the armed

forces;

4) proficiencyProficiency examinations;

5) advancedAdvanced placement credits;

6) otherOther methods of program acceleration that do not include

instruction; and.

7) credit hours generated by freshman and sophomore students for dual credit

courses.

e) Midterm Class List Certification Requirements

1) The midterm class lists' primary purpose shall be for certification of

students' credit hours for State funding eligibility or ineligibility.

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ILLINOIS REGISTER 11353

20

ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF PROPOSED AMENDMENTS

2) The process must rely on the course section's instructor's assessment of the students' pursuit of successful completion at the midpoint of the class, as indicated by that instructor's midterm certification signature.

3) The college shall document and communicate district requirements to

faculty each semester.

4) The college must be able to provide, upon request, a hardcopy midterm class list print out of each course section, submitted on ICCB credit hour claims, containing either a manual faculty signature or an authenticated electronic faculty signature for either ICCB or external audit purposes.

5) Students who participate in an approved program with an intensified or

accelerated schedule shall be exempt from the midterm class list

requirements of this subsection (e) provided that a final class list is

provided.

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

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ILLINOIS REGISTER 11354

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Political Subdivision Emergency Services and Disaster Agencies

2) Code Citation: 29 Ill. Adm. Code 301

3) Section Numbers: Proposed Actions:

301.125 New Section

301.450 Amendment

301.510 Amendment

301.520 Amendment

4) Statutory Authority: Implements and is authorized by Sections 5(f)(4), 5(f)(5.5), and

5(f)(5.10) of the Illinois Emergency Management Agency Act, 20 ILCS 3305.

5) A Complete Description of the Subjects and Issues Involved: IEMA is proposing these

amendments to Part 301 to clarify requirements and processes and to allow greater

flexibility for IEMA and local emergency services and disaster agencies (ESDAs) when

dealing with disasters. Local ESDAs have requirements for training and exercises in

order to become accredited by IEMA and receive federal funding. Due to several

extreme and extended response to disasters in 2019 and 2020, it has become difficult for

local ESDA coordinators to meet the training and exercise requirements for accreditation.

Therefore, IEMA is proposing to provide greater flexibility by eliminating timing limits

when requesting a waiver of exercise requirements under Section 301.450 and by

allowing for the extension of accreditation/certification deadlines in Sections 301.510 and

301.520. In addition, IEMA is adding an exemption/exception provision in order to

provide a mechanism for IEMA to meet the needs of local ESDAs when they need relief

from requirements due to the responsibilities of their jobs, including responding to

disasters.

6) Any published studies or reports, along with the sources of underlying data, that were

used when composing this rulemaking, in accordance with 1 Ill Adm. Code 100.355: No

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

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

9) Does this rulemaking contain incorporations by reference? No

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

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ILLINOIS REGISTER 11355

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

11) Statement of Statewide Policy Objective: The requirements imposed by the proposed

rulemaking are not expected to require local governments to establish, expand, or modify

their activities in such a way as to necessitate additional expenditures from local

revenues.

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

Comments on this proposed rulemaking may be submitted in writing for a period of 45

days following publication of this Notice. The Agency will consider fully all written

comments on this proposed rulemaking submitted during the 45 day comment period.

Comments should be submitted to:

Traci Burton, Paralegal Assistant

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield IL 62704

217/785-9860

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities or not-for-profit corporations

affected: The Agency believes this rulemaking will have no direct impact on any

small businesses or not-for-profit corporations. However, this proposed

rulemaking could affect small municipalities if they receive certification from

their county for emergency management by providing greater flexibility.

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

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: This proposed

rulemaking was not summarized on a regulatory agenda as it was not anticipated in

January. The COVID-19 disaster brought the issues resulting in this rulemaking to light.

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

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ILLINOIS REGISTER 11356

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

TITLE 29: EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE

CHAPTER I: ILLINOIS EMERGENCY MANAGEMENT AGENCY

SUBCHAPTER c: ADMINISTRATION AND ORGANIZATION OF

POLITICAL SUBDIVISION EMERGENCY SERVICES AND DISASTER AGENCIES

PART 301

POLITICAL SUBDIVISION EMERGENCY SERVICES AND DISASTER AGENCIES

SUBPART A: GENERAL PROVISIONS

Section

301.110 Purpose, Scope, Applicability

301.120 Definitions

301.125 Waivers, Exemptions, and Exceptions

301.130 Severability

301.140 Multiple County ESDA Consolidation

301.170 Program Requirements

SUBPART B: EMERGENCY OPERATIONS PLAN REQUIREMENTS

Section

301.210 Authority

301.220 Initial Analysis and Assessment

301.230 Basic Plan Requirements

301.240 Functional Annex Requirements

301.250 Hazard Specific Annexes

301.260 Other Annexes (Repealed)

301.280 Supporting Plans

SUBPART C: EMERGENCY OPERATIONS PLAN

SUBMISSION AND REVIEW REQUIREMENTS

Section

301.310 EOP Submission and Review Requirements for Mandated ESDAs and Accredited

ESDAs

301.320 EOP Submission and Review Requirements for Non-Mandated ESDAs

SUBPART D: EXERCISE REQUIREMENTS

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ILLINOIS REGISTER 11357

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

Section

301.410 Exercise Requirements for the Emergency Operations Plan

301.420 Exercise Planning

301.430 Exercise Evaluation and Approval for Mandated ESDAs and Accredited ESDAs

301.440 Exercise Evaluation and Acceptance for Non-Mandated ESDAs

301.450 Waiver of Exercise Requirement

SUBPART E: ACCREDITATION AND CERTIFICATION OF ESDAS

Section

301.510 Accreditation of ESDAs

301.520 Certification of Non-Mandated ESDAs

SUBPART F: WORKERS' COMPENSATION ACT AND WORKERS'

OCCUPATIONAL DISEASES ACT COVERAGE FOR VOLUNTEERS

Section

301.610 Authority

301.620 Eligibility

301.630 Procedures for Filing a Claim

SUBPART G: REQUIREMENTS FOR THE EMERGENCY

MANAGEMENT ASSISTANCE GRANT PROGRAM

Section

301.710 Purpose

301.720 Eligible Applicants

301.730 Application Procedures

301.740 Allocation Determination

301.750 Reimbursement Procedures

301.760 Reconsideration of Reimbursement Denial

AUTHORITY: Implementing and authorized by Sections 5(f)(4), (5), (5.5), (5.10) and 10 of the

Illinois Emergency Management Agency Act [20 ILCS 3305].

SOURCE: Adopted at 26 Ill. Reg. 3036, effective February 26, 2002; amended at 31 Ill. Reg.

11565, effective July 26, 2007; amended at 42 Ill. Reg. 15933, effective July 31, 2018;

emergency amendment at 44 Ill. Reg. 10814, effective June 8, 2020, for a maximum of 150 days;

amended at 44 Ill. Reg. ______, effective ____________.

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ILLINOIS REGISTER 11358

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

SUBPART A: GENERAL PROVISIONS

Section 301.125 Waivers, Exemptions, and Exceptions

IEMA may, upon application or upon its own initiative, grant such waivers, exemptions or

exceptions from the requirements of this Part as it determines are authorized by law and will not

result in undue hazard to public health and safety or property.

(Source: Added at 44 Ill. Reg. ______, effective ____________)

SUBPART D: EXERCISE REQUIREMENTS

Section 301.450 Waiver of Exercise Requirement

a) If an actual disaster or emergency occurs during a jurisdiction's four-year exercise

cycle, IEMA, or the county for non-mandated unaccredited ESDAs, has the

discretion to waive the requirements of this Subpart. In addition to a letter

requesting a waiver, ESDAs shall submit the following documentation as directed

by IEMA or the county, but no later than 60 days prior to the application for

accreditation or certification:

1) MandatedWithin 60 days after the EOC is no longer active, mandated

ESDAs and non-mandated accredited ESDAs shall submit an After Action

Report (AAR) and a Corrective Action/Improvement Plan to their IEMA

regional office. In addition, for information purposes only, non-mandated

accredited ESDAs shall also submit the AAR and Corrective

Action/Improvement Plan to the county in which they reside.

2) ExceptWithin 60 days after the EOC is no longer active, except for those

non-mandated ESDAs accredited pursuant to Section 301.510, non-

mandated ESDAs shall submit an After Action Report (AAR) and a

Corrective Action/Improvement Plan to the county in which they reside.

AGENCY NOTE: Prior to an ESDA submitting the required documents for a

waiver, IEMA or the county, as appropriate, shall determine which core

capabilities will be evaluated to meet the exercise requirement.

b) The IEMA State Exercise Officer, in conjunction with the respective Regional

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ILLINOIS REGISTER 11359

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

Coordinator, shall be responsible for evaluating waiver requests for mandated and

non-mandated accredited ESDAs. Counties shall be responsible for evaluating

waiver requests for non-mandated unaccredited ESDAs. Requests for a waiver

and supporting documentation shall be evaluated and approved based on FEMA's

Homeland Security Exercise and Evaluation Program (HSEEP).The actual

response as an exercise shall be approved or accepted in the same manner as an

exercise is approved or accepted pursuant to Sections 301.430 and 301.440.

c) The IEMA State Exercise Officer and counties shall provide approvals of waiver

requests in writing.

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

SUBPART E: ACCREDITATION AND CERTIFICATION OF ESDAS

Section 301.510 Accreditation of ESDAs

a) The following ESDAs are eligible to apply for IEMA accreditation:

1) Mandated ESDAs; and

2) Non-mandated ESDAs determined biennially by the IEMA Director, or

his/her designee, to have demonstrated justification to IEMA for

accreditation eligibility based on the following political subdivision

criteria:

A) Heightened, greater than average disaster vulnerability;

B) An increased need for ESDA services in the political subdivision

due to all of the following:

i) Population size and concentration;

ii) Insufficiency of county ESDA resources to meet the

emergency management needs of the political subdivision;

and

iii) A high concentration of emergency management resources

in the political subdivision existing prior to the

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ILLINOIS REGISTER 11360

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

accreditation eligibility review;

C) Evidence that the ESDA coordinator provides to the political

subdivision a paid emergency management work effort as

coordinator of at least 50% of the political subdivision's standard

full-time work week, not including exercise hours; and

D) Documentation of the emergency management services provided

to the political subdivision by the ESDA, including, but not limited

to, documentation of emergency operations plans, training,

exercises, and actual responses, during a minimum of the past 5

years.

b) For IEMA accreditation, eligible applicants, determined in accordance with

subsection (a), shall satisfy all of the following requirements:

1) Submit a copy of the political subdivision ordinance creating the ESDA

affixed with the official seal by the clerk of the political subdivision.

2) Submit documentation of the ESDA coordinator's Notice of Appointment

card.

3) Submit evidence that the political subdivision supports a paid emergency

management work effort of at least 50% of the political subdivision's

standard full-time work week, not including exercise hours.

4) Submit documentation that:

A) An ESDA coordinator appointed after January 1, 2002 has

completed, within 12 months after the date of appointment, the

IEMA New Coordinators Workshop Course and the Principles of

Emergency Management Course or courses determined by IEMA

to be consistent with or at least as stringent as these courses; and

B) After the first year of appointment, or for ESDA coordinators

appointed prior to January 1, 2002, the ESDA coordinator has

biennially completed 48 hours of professional development

training, of which a minimum of 24 hours is IEMA-sponsored

professional development training. The IEMA-sponsored

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ILLINOIS REGISTER 11361

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

professional development training program shall, at a minimum, be

consistent with and at least as stringent as the FEMA Professional

Development Series. Coordinators may receive credit for up to 24

hours of non-IEMA-sponsored professional development training,

including, but not limited to, emergency management conferences,

independent study courses, college courses or internet courses, but

only if such training is consistent with or at least as stringent as

training in the IEMA-sponsored professional development training

program and is pre-approved for a specific number of credit hours

in writing by IEMA prior to the training.

5) Complete an EOP that meets the requirements of Subparts B and C.

6) Conduct an exercise in accordance with the requirements of Subpart D.

7) Complete and submit all current National Incident Management System

(NIMS) compliance documents as established by IEMA.

c) The term of accreditation shall be at leastis two years but not longer than four

years, with beginning and ending dates indicated on the accreditation document

issued by IEMA. IEMA may extend an existing term of accreditation as long as

the total term of accreditation does not exceed four years. Eligible ESDA

applicants may seek accreditation renewal by satisfying the requirements of

subsection (b).

d) IEMA shall issue an accreditation document, including extensions of an existing

term of accreditation, under signature of the IEMA Director.

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

Section 301.520 Certification of Non-Mandated ESDAs

a) Except for those non-mandated ESDAs accredited in accordance with Section

301.510, non-mandated ESDAs may apply to an accredited county or multiple

county ESDA serving the county in which the non-mandated ESDA is located, for

certification, or to IEMA in the event that no accredited county or multiple county

ESDA serves the county in which the non-mandated ESDA is located. Each

accredited county or multiple county ESDA, or IEMA in the event that no

accredited county or multiple county ESDA serves the county in which the non-

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ILLINOIS REGISTER 11362

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

mandated ESDA is located, may issue certification to non-mandated ESDAs

located within its geographic boundaries, if the non-mandated ESDAs satisfy the

following requirements:

1) Submit a copy of the political subdivision ordinance creating the ESDA

affixed with the official seal by the clerk of the political subdivision.

2) Submit documentation of the ESDA coordinator's Notice of Appointment

card.

3) Submit documentation that:

A) An ESDA coordinator appointed after January 1, 2002, has

completed, within 12 months after the date of appointment, the

IEMA New Coordinators Workshop Course and the Principles of

Emergency Management Course or courses determined by IEMA

to be consistent with or at least as stringent as these courses; and

B) After the first year of appointment, or for ESDA coordinators

appointed prior to January 1, 2002, the ESDA coordinator has

biennially completed 48 hours of professional development

training, of which a minimum of 24 hours is IEMA-sponsored

professional development training. The IEMA-sponsored

professional development training program shall, at a minimum, be

consistent with and at least as stringent as the FEMA Professional

Development Series. Coordinators may receive credit for up to 24

hours of non-IEMA-sponsored professional development training,

including, but not limited to, emergency management conferences,

independent study courses, college courses or internet courses, but

only if such training is consistent with or at least as stringent as

training in the IEMA-sponsored professional development training

program and is pre-approved for a specific number of credit hours

in writing by IEMA prior to the training.

4) Complete an EOP that meets the requirements of Subparts B and C that is

reviewed and accepted by the county or multiple county ESDA in

accordance with Section 301.320.

5) Conduct an exercise in accordance withand evaluation that meets the

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ILLINOIS REGISTER 11363

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

requirements of Subpart D that is accepted by the county or multiple

county ESDA in accordance with Section 301.440.

b) The certification term shall be at leastis two years, but no longer than four years,

with beginning and ending dates indicated on the certificate issued by the

accredited county or multiple county ESDA under signature of the appropriate

jurisdictionaccredited county or multiple county ESDA and IEMA. The existing

certification may be extended by the appropriate jurisdiction as long as the total

certification does not exceed four years. The non-mandated ESDA may seek

renewal of its certification.

(Source: Amended at 44 Ill. Reg. ______, effective ____________)

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ILLINOIS REGISTER 11364

20

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Transmitters of Money Act

2) Code Citation: 38 Ill. Adm. Code 205

3) Section Numbers: Proposed Actions:

205.35 New Section

4) Statutory Authority: Implementing and authorized by the Transmitters of Money Act

[205 ILCS 657]

5) A Complete Description of the Subjects and Issues Involved: The proposed amendments

make changes to the fees assessed for a Transmitters of Money Act (TOMA) license

application, the renewal of a TOMA license, and various service fees. It also makes

changes to the penalty fees assessed for a failure to apply for renewal of a license or to

submit financial documents in a timely manner. The proposed changes to these fee

structures allow for fee calculation to be based on the total dollar amount of transactions

instead of a flat, per-license fee. This change allows the Department to increase focus to

where increased risks are shifting and aligns with the fee structures within other states.

6) Any published studies or reports, along with the sources of underlying data, that were

used when comprising this rulemaking: None

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

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

9) Does this rulemaking contain incorporations by reference? No

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

11) Statement of Statewide Policy Objective: This rulemaking will not require a local

government to establish, expand or modify its activities in such a way as to necessitate

additional expenditures from local revenues.

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

Persons who wish to comment on this proposed rulemaking may submit written

comments no later than 45 days after the publication of this Notice to:

Interested persons may submit written comments to:

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ILLINOIS REGISTER 11365

20

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED AMENDMENTS

Department of Financial and Professional Regulation

Attention: Craig Cellini

320 West Washington, 2nd Floor

Springfield IL 62786

217/785-0813

fax: 217/557-4451

All written comments received within 45 days after this issue of the Illinois Register will

be considered.

13) Initial Regulatory Flexibility Analysis:

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

affected: These amendments will not impact small businesses, small

municipalities and not-for-profit corporations.

B) Reporting, bookkeeping or other procedures required for compliance: No new

requirements are contained in this amendment.

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: July 2020

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

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ILLINOIS REGISTER 11366

20

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED AMENDMENTS

TITLE 38: FINANCIAL INSTITUTIONS

CHAPTER I: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

PART 205

TRANSMITTERS OF MONEY ACT

Section

205.10 Average Daily Balance

205.20 Authorized Sellers

205.30 Examinations

205.35 Fees

205.40 Revocation or Suspension of License

205.50 Reports/Documents

AUTHORITY: Implementing and authorized by Section 95 of the Transmitters of Money Act

[205 ILCS 657].

SOURCE: Adopted at 20 Ill. Reg. 5811, effective April 8, 1996; amended at 26 Ill. Reg. 14261,

effective October 1, 2002; amended at 44 Ill. Reg. ______, effective ____________.

Section 205.35 Fees

a) Pursuant to Section 45(b) of the Transmitters of Money Act [205 ILCS 657]

(Act), the fees outlined in Section 45(a) of the Act are amended as follows:

1) Application Fee. For applying for a license, an application fee of $2,500

and a license fee of $0.

2) Renewal Fee. For renewal of a license, a fee will be calculated based on

the total dollar volume of transactions, including transactions by

authorized sellers, reported, pursuant to Section 40(5) of the Act, by the

licensee in its annual renewal application. The renewal fee shall be

calculated in the following manner:

Transactions of $1,000,000 or less $1,000 renewal fee

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ILLINOIS REGISTER 11367

20

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED AMENDMENTS

Transactions over $1,000,000 but

less than $10,000,000

$1,000 plus an additional

amount equal to a rate of .0004

for each dollar in volume more

than $1,000,000 but less than

$10,000,000

Transactions over $10,000,000 but

less than $100,000,000

$4,600 plus an additional

amount equal to a rate of .0002

for each dollar in volume more

than $10,000,000 but less than

$100,000,000

Transactions over $100,000,000 $22,600 plus an additional

amount equal to a rate of .0001

for each dollar in volume more

than $100,000,000 up to a

maximum fee of $50,000

3) For process or other notice served upon the Director as provided by

Section 100 of the Act, a fee of $10.

4) For an application for renewal of a license received by the Department

after December 1, a penalty fee of $50 per day for each day after

December 1, in addition to any other fees required under this Section,

unless an extension of time has been applied for and approved prior to

December 1.

5) For failure to submit financial statements required by Section 40 of the

Act, a penalty fee of $50 per day for each day after December 1 the

statement is not provided, unless an extension of time has been applied for

and approved prior to December 1.

b) Unless otherwise indicated by the Act, these fees shall be nonrefundable. All

moneys received by the Department under the Act shall be deposited into the

Financial Institution Fund.

(Source: Added at 44 Ill. Reg. ______, effective ____________)

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ILLINOIS REGISTER 11368

20

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

1) Heading of the Part: Student Loan Servicing Rights Act

2) Code Citation: 38 Ill. Adm. Code 1010

3) Section Numbers: Proposed Actions:

1010.100 New Section

1010.120 New Section

1010.130 New Section

1010.140 New Section

1010.150 New Section

1010.160 New Section

1010.170 New Section

1010.180 New Section

1010.190 New Section

1010.210 New Section

1010.220 New Section

4) Statutory Authority: Implementing and authorized by the Student Loan Servicing Rights

Act [101 ILCS 992].

5) A Complete Description of the Subjects and Issues Involved: The proposed rules

implement provisions of the Student Loan Servicing Rights Act in relation to licensing

fees, operations, and supervision. With respect to fees and operations, the provisions

include the establishment of license fees, examination fees, hearing fees, and

assessments; requirements for servicers to provide notice of changes in their application;

servicer website requirements; requirements to furnish borrowers with information

regarding alternative repayment and loan forgiveness options; requirements related to

account information, payment processing, an cosigner payments; maintenance of general

books and records; record retention requirements; and electronic record requirements.

With respect to supervision, the provisions address preparation of independent audit

reports and examination timing, ratings, and implementation.

6) Any published studies or reports, along with the sources of underlying data, that were

used when comprising this rulemaking, in accordance with 1 Ill. Adm. Code 100.355:

None

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

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ILLINOIS REGISTER 11369

20

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

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

9) Does this rulemaking contain incorporations by reference? No

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

11) Statement of Statewide Policy Objective: This rulemaking will not require a local

government to establish, expand or modify its activities in such a way as to necessitate

additional expenditures from local revenues.

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

Persons who wish to comment on this proposed rulemaking may submit written

comments no later than 45 days after the publication of this Notice to:

Department of Financial and Professional Regulation

Attention: Craig Cellini

320 West Washington, 2nd Floor

Springfield IL 62786

217/785-0813

fax: 217/557-4451

All written comments received within 45 days after this issue of the Illinois Register will

be considered.

13) Initial Regulatory Flexibility Analysis:

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

affected: None

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

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: January 2020

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ILLINOIS REGISTER 11370

20

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

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

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ILLINOIS REGISTER 11371

20

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

TITLE 38: FINANCIAL INSTITUTIONS

CHAPTER II: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

PART 1010

STUDENT LOAN SERVICING RIGHTS ACT

Section

1010.100 Definitions

1010.120 Fees

1010.130 Notice of Changes by Licensee

1010.140 Licensee Website and Toll-Free Telephone Service

1010.150 Alternative Repayment and Loan Forgiveness Options

1010.160 Account Information, Payment Processing, Cosigner Payments

1010.170 Books and Records

1010.180 Record Retention

1010.190 Electronic Records

1010.210 Preparation of Independent Audit Report

1010.220 Examination

AUTHORITY: Implementing and authorized by the Student Loan Servicing Rights Act [110

ILCS 992].

SOURCE: Adopted at 44 Ill. Reg. ______, effective ____________.

Section 1010.100 Definitions

"Act" means the Student Loan Servicing Rights Act [110 ILCS 992].

"Department" means the Department of Financial and Professional Regulation.

"Director" means the Director of the Division of Banking, with the authority

delegated by the Secretary.

"Division" means the Department of Financial and Professional Regulation-

Division of Banking, with the authority delegated by the Secretary.

"Licensee" means a person licensed pursuant to the Act.

"NMLS" means the Nationwide Multistate Licensing System and Registry.

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ILLINOIS REGISTER 11372

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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

"Secretary" means the Secretary of the Department of Financial and Professional

Regulation.

Section 1010.120 Fees

a) The fees listed in this Section shall be payable to the Department, or to NMLS for

transfer to the Division, as approved by the Director. The Director will specify

the form of payment to the Division or to NMLS, which may include certified

check, money order, credit card, or other forms authorized by the Director.

NMLS shall be authorized to collect and process transaction fees or other fees

related to licensees or other persons subject to the Act.

b) License Fees

1) Application and Investigation. For each application for an initial license,

the applicant shall pay a nonrefundable initial application fee of $1000, or

the amount authorized by Sections 15-15 and 20-80 of the Act, and a

nonrefundable background investigation fee of $800, or the amount

authorized by Sections 15-15 and 20-80 of the Act.

2) License Renewal. For each application for an annual renewal of a license,

the applicant shall pay a nonrefundable renewal fee of $1,000, or the

amount authorized by Section 20-80 of the Act. In the case of an inactive

license, the applicant shall pay the nonrefundable renewal fee and an

additional nonrefundable reactivation fee equal to the renewal fee,

pursuant to Section 15-40(c) of the Act.

3) Notice of Change of Ownership or Control. The licensee shall pay a

nonrefundable fee of $500 for each notice of change of ownership or

control filed pursuant to Section 1010.130.

4) Notice of Change of Officers or Directors or Change of Name or Address.

The licensee shall pay a nonrefundable fee of $50 for each notice of

change of officers or directors or change of name or address filed pursuant

to Section 1010.130.

c) Returned Payment. Any licensee or person who delivers a check or other

payment to the Department that is returned unpaid by the financial institution

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ILLINOIS REGISTER 11373

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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

upon which it is drawn shall pay to the Department, in addition to the amount

already owed, a fee of $50.

d) Examination Fees

1) Time expended in the conduct of any examination of the affairs of any

licensee or its affiliates pursuant to Section 15-40 of the Act shall be billed

by the Department at a rate of $510 per examiner day. Fees will be billed

following completion of the examination and shall be paid within 30 days

after receipt of the billing.

2) Out-of-State Travel. When out-of-state travel occurs in the conduct of any

examination, the licensee shall make arrangements to reimburse the

Department all charges for services such as travel expenses, including

airfare, hotel and per diem incurred by the employee. These expenses are

to be in accord with applicable travel regulations published by the

Department of Central Management Services and approved by the

Governor's Travel Control Board (80 Ill. Adm. Code 2800).

e) Hearings. Each party that requests a hearing pursuant to Sections 20-30 and 20-

65 of the Act shall pay a nonrefundable fee of $500, unless the fee is waived by

the Director. In determining whether to waive the fee, the Director shall consider

the financial hardship imposed on the party.

f) Assessments. Each licensee shall pay to the Division its pro rata share of the cost

for administration of the Act that exceeds other fees listed in this Section, as

estimated by the Division, for the current year and any deficit actually incurred in

the administration of the Act in prior years. Each licensee's pro rata share shall be

the percentage that the number of borrowers serviced in Illinois by the licensee

bears to the total number of borrowers serviced by all licensees in Illinois.

Section 1010.130 Notice of Changes by Licensee

a) Each licensee shall, upon any change in the information contained in its

application for license, file an amendment to that application setting forth the

changed information. The amendments shall be filed within 10 business days

after the occurrence of the event that results in the information becoming

inaccurate or incomplete.

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ILLINOIS REGISTER 11374

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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

b) Any amendment that cannot be submitted through NMLS shall be filed directly

with the Division.

Section 1010.140 Licensee Website and Toll-Free Telephone Service

Each licensee shall maintain a secured-access website and toll-free telephone service consistent

with the provisions of Sections 5-55 and 5-65 of the Act. The secured-access website and toll-

free telephone service shall, at a minimum, provide borrowers and cosigners with capabilities

reasonably adequate for efficiently handling communications, questions, and other matters

relating to an existing loan. In determining whether the secured-accessed website and toll-free

telephone service are provided in a reasonably adequate manner, the Director will consider

consumer complaints received regarding the licensee and information obtained from

examinations conducted and reports filed pursuant to the Act.

Section 1010.150 Alternative Repayment and Loan Forgiveness Options

Licensees must provide complete information to borrowers about alternative repayment and loan

forgiveness options, the application processes for those options, the differences between those

options and forbearance, and the consequences of those options and forbearance, consistent with

Sections 5-30, 5-35, 5-40, and 5-45 of the Act.

Section 1010.160 Account Information, Payment Processing, Cosigner Payments

a) Licensees must maintain detailed account information for each student loan

borrower and cosigner, on the licensee's website, accessible to the borrower and

cosigner, as applicable, through a secure login system. The licensee must

maintain account history for each loan serviced and a report of all loans for each

borrower serviced by the licensee.

b) Licensees must credit borrower and cosigner payments promptly and accurately,

including, but not limited to, by providing same-day crediting of electronic

payments, if made before the posted cut-off time for same-day crediting, and

crediting of paper check payments on the date received by the licensee.

c) Licensees must apply payments made by cosigners only to a loan for which the

payor has cosigned, unless specifically directed otherwise by the cosigner/payor.

Section 1010.170 Books and Records

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ILLINOIS REGISTER 11375

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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

a) Licensees must maintain a general ledger, maintain a cash receipt and

disbursement journal, and reconcile bank accounts at least monthly.

b) Licensees shall maintain, for each student loan serviced, the following

information:

1) the student loan application, if available;

2) disclosure statements sent to the borrower;

3) the promissory note or loan agreement;

4) the complete loan history;

5) qualified written requests;

6) instructions from the borrower, if any, on how to apply overpayments;

7) statements of account sent to the borrower; and

8) any additional records the Director may designate.

c) Each licensee must maintain books and records at the location designated by the

licensee.

Section 1010.180 Record Retention

Licensees must maintain all applicable records required by the Act and this Part for a minimum

of 3 years after a serviced loan has been paid in full or assigned to collection, or the servicing

rights have been sold, assigned, or transferred, unless prohibited by contract with the lender.

Section 1010.190 Electronic Records

Electronic records must be maintained by licensees in a commonly used format and be readily

accessible, readable, and printable by the Director and Division staff.

Section 1010.210 Preparation of Independent Audit Report

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ILLINOIS REGISTER 11376

20

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

Each licensee shall annually cause its books and accounts to be audited by a certified public

accountant not connected with the licensee. The audit shall be filed with the Division within 105

days after the end of the licensee's fiscal year. The audit shall be sufficiently comprehensive in

scope to permit the expression of an opinion on the financial statements, which shall be prepared

in accordance with generally accepted accounting principles and shall be conducted in

accordance with generally accepted auditing standards.

Section 1010.220 Examination

a) Licensees shall be examined from time to time pursuant to the Act. As part of

each regularly scheduled examination, the Director shall evaluate and rate

licensees in accordance with uniform rating factors.

b) Ratings include, but are not limited to:

1) The highest rating of 1 is assigned to a licensee that maintains a strong

compliance management system (CMS) and takes active steps to prevent

any violations of law and consumer harm.

2) The rating of 2 is assigned to a licensee that maintains a CMS that is

satisfactory at managing consumer compliance risk in the licensee's

products and services and substantially limiting violations of law and

consumer harm.

3) The rating of 3 reflects a CMS deficient at managing consumer

compliance risk in the licensee's products and services and at limiting

violations of law and consumer harm.

4) The rating of 4 reflects a CMS seriously deficient at managing consumer

compliance risk in the licensee's products and services and/or at

preventing violations of law and consumer harm.

5) The rating of 5 reflects a CMS critically deficient at managing consumer

compliance risk in the licensee's products and services and/or at

preventing violations of law and consumer harm.

c) All licensees shall be subject to examination by the Director. The Director may

enter into cooperative agreements with other regulatory authorities and contract

with others to provide examinations. The Director may accept examination

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ILLINOIS REGISTER 11377

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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED RULES

reports from those regulatory authorities and under contracts that meet the

requirements of this Section. The examination shall result in a rating under

subsection (b) and will be charged at the rate referenced.

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ILLINOIS REGISTER 11378

20

DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

1) Heading of the Part: Medical Necessity Criteria for Serious Mental Illnesses for

Individuals Under the Age of 26

2) Code Citation: 50 Ill. Adm. Code 2035

3) Section Numbers: Proposed Actions:

2035.10 New Section

2035.20 New Section

2035.30 New Section

4) Statutory Authority: 5 ILCS 375/6.11, 55 ILCS 5/5-1069.3, 65 ILCS 5/10-4-2.3, 105

ILCS 5/10-22.3, 215 ILCS 5/356z.33 (as enacted by PA 101-461, eff. 1/1/2020), 215

ILCS 5/401, 215 ILCS 125/5-7.

5) A Complete Description of the Subjects and Issues Involved: This rulemaking is being

initiated as the outcome of a Medical Necessity Working Group statutorily mandated by

PA 101-461. The proposed rule provides the medical necessity criteria for serious mental

illnesses for individuals under the age of 26 that are to be used for utilization review

under any individual or group accident and health insurance coverage, HMO health care

plans, and self-insured health benefit plans offered to the employees of the State,

counties, municipalities, and school districts. It includes medical necessity criteria for

several interdisciplinary, team-based treatment models: Coordinated Specialty Care

(CSC) for First Episode Psychosis Treatment; Community Support Team (CST)

Treatment; and Assertive Community Treatment (ACT). Each of these treatment models

includes criteria for service initiation, continuing service, exclusion, and discharge /

service termination (where applicable). The rules do not apply to excepted benefit

policies.

6) Published studies or reports, and sources of underlying data, used to compose this

rulemaking:

"Coordinated Specialty Care for First Episode Psychosis. Manual II: Implementation".

Study performed by the Research Foundation for Mental Hygiene. Report published by

the National Institute of Mental Health. Publication date not specified. PDF available to

download at: https://www.nimh.nih.gov/health/topics/schizophrenia/raise/csc-for-fep-

manual-ii-implementation-manual_147093.pdf.

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ILLINOIS REGISTER 11379

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

"What Is First.IL?" (webpage). Published by the Illinois Department of Human Services.

Publication date not specified. Accessible at:

http://intranet.dhs.illinois.gov/onenet/page.aspx?item=99976.

"Medical Necessity Criteria and Guidance Manual" (webpage). Published by the Illinois

Department of Human Services for Fiscal Year 2014. Accessible at:

https://www.dhs.state.il.us/page.aspx?item=52733.

"Youth Assertive Community Treatment (Youth ACT)" (webpage). Published by the

Minnesota Department of Human Services, January 8, 2014. Accessible at:

https://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION

&RevisionSelectionMethod=LatestReleased&dDocName=DHS16_181612#lr.

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

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

9) Does this rulemaking contain incorporations by reference? Yes

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

11) Statement of Statewide Policy Objective: This rulemaking will not require a local

government to establish, expand or modify its activities in such a way as to necessitate

additional expenditures from local revenues.

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

rulemaking: Persons who wish to comment on this proposed rulemaking may submit

written comments no later than 45 days after the publication of this Notice to:

Robert Planthold or Susan Anders

Assistant General Counsel Rules Coordinator

Illinois Department of Insurance Illinois Department of Insurance

122 S. Michigan Ave., Fl. 19 320 W. Washington St., Fl. 4

Chicago IL 60603 Springfield IL 62767

312/814-5445 217/558-0957

13) Initial Regulatory Flexibility Analysis:

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ILLINOIS REGISTER 11380

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

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

affected: None

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

insurer's medical necessity criteria to match this rule

C) Types of professional skills necessary for compliance: Administrative/clerical

14) Small Business Impact Analysis: The Department determined that the rulemaking will

not have an adverse impact on small businesses.

15) Regulatory Agenda on which this rulemaking was summarized: January 2020

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

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ILLINOIS REGISTER 11381

20

DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

TITLE 50: INSURANCE

CHAPTER I: DEPARTMENT OF INSURANCE

SUBCHAPTER z: ACCIDENT AND HEALTH INSURANCE

PART 2035

MEDICAL NECESSITY CRITERIA FOR SERIOUS MENTAL ILLNESSES

FOR INDIVIDUALS UNDER THE AGE OF 26

Section

2035.10 Applicability and Scope

2035.20 Definitions

2035.30 Medical Necessity Criteria for Utilization Review of Treatment Models for

Serious Mental Illnesses for Individuals Under Age 26

AUTHORITY: Implementing Section 6.11 of the State Employees Group Insurance Act of 1971

[5 ILCS 375], Section 5-1069.3 of the Counties Code [55 ILCS 5], Section 10-4-2.3 of the

Illinois Municipal Code [65 ILCS 5], Section 10-22.3f of the School Code [105 ILCS 5], Section

356z.33 of the Illinois Insurance Code (see P.A. 101-461, effective January 1, 2020) [215 ILCS

5], and Section 5-3 of the Health Maintenance Organization Act [215 ILCS 125], and authorized

by Sections 356z.33 and 401 of the Code and 5-7 of the Health Maintenance Organization Act.

SOURCE: Adopted at 44 Ill. Reg. ______, effective ____________.

Section 2035.10 Applicability and Scope

a) This Part applies to any issuer, nonfederal governmental payor, or utilization

review organization regarding their requirements for or use of utilization review

for any of the following types of coverage, excluding excepted benefits:

1) any group or individual policy, certificate, or evidence of coverage of

accident and health insurance subject to the Code;

2) any group or individual health care plan contract, certificate, or evidence

of coverage subject to the HMO Act; or

3) any coverage for health benefits under a nonfederal governmental plan

provided under the State Employees Group Insurance Act of 1971 [5 ILCS

375], the Counties Code [55 ILCS 5], the Illinois Municipal Code [65

ILCS 5], or the School Code [105 ILCS 5].

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ILLINOIS REGISTER 11382

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

b) Nothing contained in this Part shall be construed to restrict any clinical

justifications available for covering treatments on an experimental or

investigational basis.

Section 2035.20 Definitions

"Assertive Community Treatment" or "ACT" means a bundle of health care

services delivered through a multidisciplinary team of mental health professionals

to individuals who are experiencing severe and persistent symptoms from a

serious mental illness. These specialty services mitigate symptoms of the mental

illness, support recovery, increase functioning and symptom management, and

decrease hospitalizations and crisis episodes. Services are delivered in the office

and in the person's natural environment to:

optimize engagement; and

promote wellness, self-management, resiliency, skill-building, and use of

natural supports to prevent lifelong struggles with serious and persistent

mental health symptoms.

"CALOCUS composite score" means a composite score assigned to an individual

under age 18 that is derived by applying the standards contained in "CALOCUS:

Child and Adolescent Level of Care Utilization System" (American Association

for Community Psychiatry, PO Box 570218, Dallas TX 75357-0218) (Child and

Adolescent Version 20) (July 2019) (no later editions or amendments included).

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

"Community Support Team Treatment" or "CST Treatment" means a bundle of

health care services delivered through a multidisciplinary team of mental health

professionals to individuals experiencing moderate to severe symptoms from a

serious mental illness. These specialty services mitigate symptoms of the mental

illness, support recovery, increase functioning and symptom management, and

decrease hospitalizations and crisis episodes. Services are delivered in the office

and in the person's natural environment to:

optimize engagement; and

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ILLINOIS REGISTER 11383

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

promote wellness, self-management, resiliency, skill-building, and use of

natural supports to prevent lifelong struggles with serious and persistent

mental health symptoms.

"Coordinated Specialty Care for First Episode Psychosis Treatment" or "CSC"

means a bundle of health care services delivered through a multidisciplinary team

of mental health professionals to individuals who are experiencing an episode of

psychosis for the first time, as well as to their families. These specialty services

mitigate symptoms of psychosis, support recovery, increase functioning and

symptom management, and decrease hospitalizations and crisis episodes. Services

are delivered in the office and in the person's natural environment to:

optimize engagement; and

promote wellness, self-management, resiliency, skill-building, and use of

natural supports to prevent lifelong struggles with serious and persistent

mental health symptoms.

"DSM" means the DSM-5 as modified by the DSM-5 Update: February 2020.

"DSM-5" means the "Diagnostic and Statistical Manual of Mental Disorders:

DSM-5" (American Psychiatric Association, 800 Maine Ave, SW, Ste. 900,

Washington DC 20024-2812) (5th ed.) (2013) (no later editions or amendments

included).

"DSM-5 Update: February 2020" means the "Supplement to Diagnostic and

Statistical Manual of Mental Disorders: Fifth Edition" (American Psychiatric

Association, 800 Maine Ave., SW, Ste. 900, Washington DC 20024-2812) (Feb.

2020) (no later editions or amendments included).

"Excepted benefits" has the meaning ascribed in the following federal regulations:

For individual health insurance coverage, 45 CFR 148.220; and

For group health insurance coverage, 45 CFR 146.145(b).

"HMO Act" means the Health Maintenance Organization Act [215 ILCS 125].

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ILLINOIS REGISTER 11384

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

"Issuer" means a "health insurance issuer" as defined in Section 5 of the Illinois

Health Insurance Portability and Accountability Act [215 ILCS 97].

"LOCUS composite score" means a composite score assigned to an individual of

age 18 or older that is derived by applying the standards contained in "LOCUS:

Level of Care Utilization System for Psychiatric and Addiction Services"

(American Association for Community Psychiatry, PO Box 570218, Dallas TX

75357-0218) (Adult Version 20) (Dec. 2016) (no later editions or amendments

included).

"Nonfederal governmental payor" means the State or any of its political

subdivisions, or any agency or instrumentality of either, in relation to its

establishment of a nonfederal governmental plan.

"Nonfederal governmental plan" has the meaning ascribed in Section 5 of the

Health Insurance Portability and Accountability Act.

"Utilization review" has the meaning ascribed in Section 10 of the Managed Care

Reform and Patient Rights Act [215 ILCS 134].

"Utilization review organization" has the meaning ascribed in 50 Ill. Adm. Code

4520.30.

Section 2035.30 Medical Necessity Criteria for Utilization Review of Treatment Models for

Serious Mental Illnesses for Individuals Under Age 26

Any medical necessity criteria that an issuer, nonfederal governmental payor, or utilization

review organization prescribes or uses for utilization review on any of the following

interdisciplinary, team-based treatment models for serious mental illnesses in individuals under

the age of 26 shall conform to the criteria in this Section. The services are delivered through the

appropriate interdisciplinary team of mental health professionals to enable early treatment and

recovery, improved functioning, improved and/or managed mental health symptoms, medication

adherence, and the prevention of any further functional impairment. For individuals with

Medicaid coverage, the medical necessity criteria will continue to be governed by the criteria

established by the Illinois Department of Healthcare and Family Services.

a) Coordinated Specialty Care (CSC) for First Episode Psychosis Treatment

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ILLINOIS REGISTER 11385

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

1) Service Initiation Criteria. An individual meets the medical necessity

criteria for initiating CSC services if they meet all of the following:

A) The individual is between 14 to 25 years of age;

B) The individual experienced significant symptoms of psychosis or a

psychotic episode, as defined in DSM, for the first time in the last

18 months; and

C) The individual (and parent or legal guardian when appropriate and

with consent) is willing to accept CSC services.

2) Continuing Service Criteria. An individual shall meet the medical

necessity criteria for continuing to receive CSC services if he or she meets

all of the following:

A) The individual's severity of illness and resulting impairment

continues to require this level of service;

B) Without these services, the individual would not be able to sustain

treatment gains, and there would be an increase in symptoms and a

decrease in functioning;

C) Treatment planning is individualized and appropriate to the

individual's changing condition, with realistic and specific goals

and objectives stated;

D) The mode, intensity and frequency of treatment are appropriate;

E) Active treatment is occurring and continued progress toward goals

is evident, or adjustments to the treatment plan have been made to

address lack of progress; and

F) The individual (and parent or legal guardian when appropriate and

with consent) is actively participating in the treatment plan and is

willing to continue.

3) Service Termination Criteria. Individuals meeting any of the following

criteria no longer meet the medical necessity criteria for CSC:

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ILLINOIS REGISTER 11386

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

A) The individual's treatment plan and discharge goals have been

substantially met;

B) Consent for treatment has been withdrawn;

C) The individual no longer meets the service initiation criteria in

subsection (a)(1) or meets the service initiation criteria for a less or

more intensive level of care; or

D) The individual (and parent or legal guardian when appropriate and

with consent) is not engaged in or utilizing the service to such a

degree that treatment at this level of care becomes ineffective or

unsafe despite use of motivational techniques and multiple

documented attempts to address engagement issues.

4) Exclusion Criteria. CSC is not appropriate for any of the following:

A) The individual experienced a first psychotic episode more than 18

months ago;

B) The symptoms to be addressed have their primary origin in an

intellectual disability, neurodevelopmental or neurocognitive

disorder, substance-related or -induced disorder, personality

disorder, or brain injury; or

C) A rapid onset of psychosis occurred due to sleep deprivation not

associated with another psychotic disorder or condition.

b) Community Support Team (CST) Treatment

1) Service Initiation Criteria. An individual meets the medical necessity

criteria for initiating CST treatment services if he or she meets all of the

following:

A) The individual has a psychiatric diagnosis defined in the DSM, and

has a LOCUS or CALOCUS composite score of 14-20 causing

moderate to severe psychiatric symptoms;

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ILLINOIS REGISTER 11387

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

B) The individual (and parent or legal guardian when appropriate and

with consent) is willing to accept CST treatment services; and

C) Outpatient mental health treatment has not resulted in improved

symptoms or functioning, or is not appropriate at the current time,

and the individual exhibits three or more of the following:

i) Psychiatric inpatient admission in the last year;

ii) Four or more hospital emergency room services in the last

year;

iii) History of the lack of treatment follow-through, including

medication non-adherence;

iv) Medication resistance due to intolerable side effects or the

illness interferes with consistent self-management of

medications;

v) A lack of improvement in traditional outpatient mental

health treatment and requires coordinated clinical and

supportive interventions;

vi) Clinical evidence of suicidal ideation or gesture in the last

year;

vii) Self harm or threats of harm to others in the last year;

viii) Evidence of significant complications such as cognitive

impairment, behavioral problems or medical problems that

compromise the ability to adhere to the behavioral health

treatment plan; or

ix) The severity or complexity of symptoms and level of

functional impairment that require coordinated services

provided by a team of mental health professionals and

support specialists, as evidenced by at least one of the

following:

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ILLINOIS REGISTER 11388

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

• Continuous functional deficits in achieving

treatment continuity or self-management of

prescription medication;

• Persistent or severe psychiatric symptoms, serious

behavioral difficulties, a co-occurring disorder,

and/or a high relapse rate; or

• Danger of requiring acute level of care if more

intensive services are not available.

2) Continuing Service Criteria. A person shall meet the medical necessity

criteria for continuing to receive CST treatment services if they meet all of

the following:

A) The individual's severity of illness and resulting impairment

continues to meet service initiation criteria;

B) Without these services, the individual would not be able to sustain

treatment gains, and there would be an increase in symptoms and a

decrease in functioning;

C) Treatment planning is individualized and appropriate to the

individual's changing condition, with realistic and specific goals

and objectives stated;

D) The mode, intensity and frequency of treatment are appropriate;

E) Active treatment is occurring and continued progress toward goals

is evident, or adjustments to the treatment plan have been made to

address lack of progress; and

F) The individual (and parent or legal guardian when appropriate and

with consent) is actively participating in the treatment plan and is

willing to continue.

3) Service Termination Criteria. Individuals meeting any of the following

criteria no longer meet the medical necessity criteria for CST treatment:

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

A) The individual's treatment plan and discharge goals have been

substantially met;

B) Consent for treatment has been withdrawn;

C) The individual no longer meets the service initiation criteria in

subsection (b)(1) or meets the service initiation criteria for a less or

more intensive level of care;

D) The individual (and parent or legal guardian when appropriate and

with consent) is not engaged in or utilizing the service to such a

degree that treatment at this level of care becomes ineffective or

unsafe despite use of motivational techniques and multiple

attempts to address engagement issues; or

E) The individual experiences a significant increase in symptoms

paired with a significant decrease in functioning, resulting in a

transition to the more intensive ACT service level.

4) Exclusion Criteria. CST treatment is not appropriate for the following

individuals:

A) The symptoms to be addressed have their primary origin in an

intellectual disability, neurodevelopmental or neurocognitive

disorder, substance-related or -induced disorder, or personality

disorder;

B) A rapid onset of psychosis occurred due to sleep deprivation not

associated with another psychotic disorder or condition;

C) The individual's daily living skills are sufficient to enable him or

her to progress in his or her recovery with the support of outpatient

mental health services;

D) The individual's level of cognitive impairment, current mental

status or development level make it unlikely for him or her to

benefit from CST treatment services; or

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ILLINOIS REGISTER 11390

20

DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

E) The individual requires a more intensive level of service and

cannot be safely or effectively treated with CST treatment services.

c) Assertive Community Treatment (ACT)

1) Service Initiation Criteria. An individual meets the medical necessity

criteria for initiating ACT services if they meet all of the following:

A) The individual has a psychiatric diagnosis, as defined in the DSM,

causing severe and persistent symptoms;

B) The individual has a minimum LOCUS or CALOCUS composite

score of 17;

C) The individual (and parent or legal guardian when appropriate and

with consent) is willing to accept ACT services; and

D) Less intensive mental health treatment has not resulted in

improved symptoms or functioning, or is not appropriate at the

current time, and the individual exhibits three or more of the

following:

i) Evidence the psychiatric diagnosis is co-existing with a

substance disorder and/or serious physical health condition;

ii) Two or more psychiatric inpatient admissions in the last

year;

iii) Four or more emergency room visits in the last year;

iv) History of the lack of treatment follow-through, including

medication non-adherence;

v) Medication resistance due to intolerable side effects or his

or her illness interferes with consistent self-management of

medications;

vi) Clinical evidence of suicidal ideation or gesture in the last

year;

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ILLINOIS REGISTER 11391

20

DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

vii) Self-harm or threats of harm to others in the last year;

viii) Evidence of significant complications, such as cognitive

impairment, behavioral problems or medical problems, that

compromise the ability to adhere to the behavioral health

treatment plan;

ix) History of violence due to untreated mental illness;

x) History of significant psychotic symptomatology, such as

command hallucinations to harm others;

xi) Danger of requiring acute level of care if more intensive

services are not available; or

xii) Currently residing in an inpatient bed, but clinically

assessed to be able to receive ACT following discharge.

2) Continuing Service Criteria. An individual shall meet the medical

necessity criteria for continuing to receive ACT services if her or she

meets all of the following:

A) The individual's severity of illness and resulting impairment

continues to meet service initiation criteria;

B) Without these services, the individual would not be able to sustain

treatment gains, and there would be an increase in symptoms and a

decrease in functioning;

C) Treatment planning is individualized and appropriate to the

individual's changing condition, with realistic and specific goals

and objectives stated;

D) The mode, intensity and frequency of treatment are appropriate;

E) Active treatment is occurring and continued progress toward goals

is evident, or adjustments to the treatment plan have been made to

address lack of progress; and

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ILLINOIS REGISTER 11392

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

F) The individual (and parent or legal guardian when appropriate and

with consent) is actively participating in the treatment plan and is

willing to continue.

3) Service Termination Criteria. Individuals meeting any of the following

criteria no longer meet the medical necessity criteria for ACT:

A) The individual's treatment plan and discharge goals have been

substantially met;

B) Consent for treatment has been withdrawn;

C) The individual no longer meets the service initiation criteria in

subsection (c)(1) or meets the service initiation criteria for a less or

more intensive level of care; or

D) The individual (and parent or legal guardian when appropriate and

with consent) is not engaged in or utilizing the service to such a

degree that treatment at this level of care becomes ineffective or

unsafe despite use of motivational techniques and multiple

documented attempts to address engagement issues.

4) Exclusion Criteria. ACT is not appropriate for any the following:

A) The symptoms to be addressed have their primary origin in an

intellectual disability, neurodevelopmental or neurocognitive

disorder, substance-related or -induced disorder, or personality

disorder;

B) A rapid onset of psychosis occurred due to sleep deprivation not

associated with another psychotic disorder or condition;

C) The individual's symptoms and functioning are sufficient to enable

him or her to progress in his or her recovery with less intensive

mental health services;

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ILLINOIS REGISTER 11393

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

D) The individual's level of cognitive impairment, current mental

status or development level make it unlikely for him or her to

benefit from ACT services; or

E) The individual has an impairment that requires a more intensive

level of service.

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ILLINOIS REGISTER 11394

20

DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

1) Heading of the Part: Tie Breaking when Conducting and Administrating a Board of

Trustee Election

2) Code Citation: 50 Ill. Adm. Code 4451

3) Section Numbers: Proposed Actions:

4451.10 New Section

4451.20 New Section

4451.30 New Section

4451.40 New Section

4) Statutory Authority: Implementing and authorized by Sections 22B-116(c) and 22C-

116(c) of the Illinois Pension Code [40 ILCS 5/22B-116(c) and 22C-116(c)].

5) A Complete Description of the Subjects and Issues Involved: The proposed rules are

mandated by the Pension Code [40 ILCS 5/22B-116(c) and 40 ILCS 5/22C-116(c)] to

develop a tie breaking procedure by the Department of Insurance in the event of a tie vote

during the trustee elections for Board of Trustees of the Police Officers' Pension

Investment Fund (Article 22 B) and the Firefighters' Pension Investment Fund (Article

22C). However, to safeguard over the funds, which total more than 14 billion dollars, the

Department also seeks to confirm the identity of the prospective trustee.

6) Published studies or reports, and sources of underlying data, used to compose this

rulemaking: None

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

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

9) Does this rulemaking contain incorporations by reference? No

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

11) Statement of Statewide Policy Objective: This rulemaking will not require a local

government to establish, expand or modify its activities in such a way as to necessitate

additional expenditures from local revenues.

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ILLINOIS REGISTER 11395

20

DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

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

rulemaking: Persons who wish to comment on this proposed rulemaking may submit

written comments no later than 45 days after the publication of this Notice to:

Mark Thielen or Susan Anders

Assistant General Counsel Rules Coordinator

Department of Insurance Department of Insurance

320 West Washington, 4th Floor 320 West Washington, 4th Floor

Springfield IL 62767-0001 Springfield IL 62767-0001

217/558-4542 217/558-0957

13) Initial Regulatory Flexibility Analysis:

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

affected: None

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

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: No impact

15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

included on either of the 2 most recent agendas because it was not anticipated within that

time period.

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

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ILLINOIS REGISTER 11396

20

DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

TITLE 50: INSURANCE

CHAPTER I: DEPARTMENT OF INSURANCE

SUBCHAPTER aaa: PENSIONS

PART 4451

TIE BREAKING WHEN CONDUCTING AND ADMINISTRATING

A BOARD OF TRUSTEE ELECTION

Section

4451.10 Purpose

4451.20 Definitions

4451.30 Prescribed Tie Breaker Procedure

4451.40 Policy and Notification

AUTHORITY: Implementing and authorized by Sections 22B-116(c) and 22C-116(c) of the

Illinois Pension Code [40 ILCS 5].

SOURCE: Adopted at 44 Ill. Reg. ______, effective ____________.

Section 4451.10 Purpose

This Part prescribes the procedure for breaking a tie vote in the ballot selection of a Board of

Trustee for the Police Officers' Pension Investment Fund (Article 22B of the Code) or the

Firefighters' Pension Investment Fund (Article 22C of the Code). The funds shall submit a copy

of the official election ballots to the Department of Insurance prior to the election. At the

completion of the election count, a fund shall notify the Department in writing of the results

within 2 business days.

Section 4451.20 Definitions

"Box" means a standard sized container in which confidential sealed envelopes

are maintained.

"Candidate" means a person nominated for election.

"Code" means the Illinois Pension Code [40 ILCS 5].

"Coin" means the official State of Illinois commemorative quarter highlighting an

image of a young Abraham Lincoln within an outline of the State, a farm scene,

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ILLINOIS REGISTER 11397

20

DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

the Chicago and State's outline and the 21 stars signifying Illinois as the 21st State

admitted into the Union.

"Coin Toss" means the act of flipping a coin into the air and coming to rest upon a

walking surface, with the outcome of the election dependent on which side of the

coin lands face-up.

"Department" means the Illinois Department of Insurance.

"Federal Forms of Identification" means a form of identification accepted by the

United States of America that is both current and contains the following: name,

date of birth, gender, photograph, expiration date, and a tamper-resistant feature.

The most common forms are a U.S. passport, a driver's license, a real

identification card, a government ID (city, state or federal), or military ID.

"Fund" means the Police Officers' Pension Investment Fund (see 40 ILCS 5/22B-

103) or the Firefighters' Pension Investment Fund (see 40 ILCS 5/22C-103).

"Official Name" means the name as it appears on the written election ballot.

"Official Election Ballot" means the ballot used in the trustee election process.

"Pension Fund" means a fund that transferred securities, funds, assets, and

moneys, and responsibility for custody and control of those securities, funds,

assets, and moneys, to the fund and that was established pursuant to Article 3

(downstate police) or Article 4 (downstate firefighters) of the Code.

"Sealed Envelope" means a standard 4⅛-inch by 9½-inch Department mailing

envelope holding a 3 by 5-inch index card with a typed numerical number. The

numerical number may be affixed using a standard label.

"Tie" means to have an equal number of votes cast between candidates in an

election.

"Trustee" means a candidate elected or to be elected by eligible voters who voted

or by the tie breaking procedure established in this Part.

Section 4451.30 Prescribed Tie Breaker Procedure

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ILLINOIS REGISTER 11398

20

DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

a) The prescribed procedure shall only apply when a tie vote occurs in the election

process of a Board of Trustee to a fund. After a review of the election results

provided by the fund, the Department will, within 3 business days, set an agreed

upon date, time and place to conduct the tie breaker procedure with the

corresponding fund. The fund and the Department shall notify the candidates of a

tie and the agreed upon date, time and place to be present. Candidates' contact

information shall be provided by the fund. The agreed upon date shall not exceed

20 business days after the recording of election results. The Department shall then

proceed with the following tie breaking procedure:

1) All candidates must present proof of identity to the Department, at the

time of the tie breaker, by means of a federally accepted form of

identification.

2) If a candidate is not present, the candidate will be declared to have

forfeited the election.

3) Using a coin, the tied candidates shall take part in a coin toss.

4) The first selection of the coin side will be based on the alphabetic order of

the candidates' last names. If the candidates have the same last name, the

order proceeds to the candidates' official first names. The candidates'

middle names and any suffix (Jr., Sr., II, etc.) will not be considered. If

the candidates have the same last and first names, then the order in which

the candidates appeared on the ballot will be used for the coin toss

selection.

5) The first candidate then chooses either heads or tails before the Director or

the Director's designated representative tosses the coin into the air. The

candidate that wins the coin toss will be declared the winner. The winning

candidate will be acknowledged in the Board Minutes.

6) The location for the coin toss will be agreed upon by the corresponding

fund and the Department.

7) The Department will maintain minutes on the election proceedings and

outcome.

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ILLINOIS REGISTER 11399

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DEPARTMENT OF INSURANCE

NOTICE OF PROPOSED RULES

b) If the election results in more than two tied candidates for the same trustee

position within the same fund, the tied candidates will draw a sealed envelope

from a designated box. The sealed envelope will contain a corresponding number

based on the total number of tied candidates for the same trustee position within

the fund. The candidates drawing the numbers 1 and 2 will proceed to the coin

toss procedure as outlined. The order of envelope selection by the candidates will

be based on the alphabetical order of the candidates' names, taking into

considerations the exceptions outlined in subsection (a)(4). However, if a

candidate is not present, the candidate will be declared to have forfeited the

election. The box and sealed numbers will be independently stored and created by

the Department.

Section 4451.40 Policy and Notification

The fund shall notify all Article 3 and Article 4 pension funds of the final election results,

including the tie breaker results, by means of posting the results on the fund's official website.

The results, as provided to the Department, should be posted and updated as necessary after the

tie breaker results. Results, as provided to the Department, should be posted at the time of the

initial results or updated within one business day after a tie breaker, if necessary.

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ILLINOIS REGISTER 11400

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: General Grant Programs

2) Code Citation: 23 Ill. Adm. Code 1001

3) Section Numbers: Adopted Actions:

1001.20 Amendment

1001.30 Amendment

1001.40 Amendment

1001.50 Amendment

4) Statutory Authority: Implementing and authorized by Section 9.05, 9.09, and 9.17 of the

Board of Higher Education Act [110 ILCS 205/9.05, 9.09, and 9.17].

5) Effective Date of Rules: June 24, 2020

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

7) Does this rulemaking contain incorporations by reference? The rulemaking does not

include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative

Procedure Act.

8) A copy of the adopted rules is on file in the Board of Higher Education's office and is

available for public inspection.

9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 3799, March 13, 2020

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

11) Differences between Proposal and Final Version: None

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

agreements issued by JCAR? None were made.

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

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

15) Summary and Purpose of Rulemaking: The adopted amendments incorporate the

requirements of the Grants Accountability and Transparency Act (GATA). The GATA

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ILLINOIS REGISTER 11401

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

requirements include: adding new terminology; referencing the GATA rules for recipient

qualification and use of uniform grant agreements; removing some of the requirements

that have since been incorporated into the new uniform grant agreement; and referencing

GATA rules on interest earned, audit requirements, and post-award requirements. The

adopted amendments retain the purpose of the rule and incorporate new statutory

requirements.

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

Karen Helland, Administrative Rules Coordinator

Illinois Board of Higher Education

1 N. Old State Capitol Plaza, Suite 333

Springfield IL 62701-1377

217/557-7358

fax: 217/782-8548

[email protected]

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

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ILLINOIS REGISTER 11402

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER II: BOARD OF HIGHER EDUCATION

PART 1001

GENERAL GRANT PROGRAMS

Section

1001.10 Purpose

1001.20 Definitions

1001.30 Grant Amounts and Allocations

1001.40 Grant Requirements

1001.50 Post-AwardAudit Requirements and Guidelines

AUTHORITY: Implementing and authorized by Sections 9.05, 9.09 and 9.17 of the Board of

Higher Education Act [110 ILCS 205].

SOURCE: Emergency Rules adopted at 23 Ill. Reg. 11982, effective September 15, 1999, for a

maximum of 150 days; emergency expired February 11, 2000; adopted at 24 Ill. Reg. 3354,

effective February 14, 2000; amended at 44 Ill. Reg. 11400, effective June 24, 2020.

Section 1001.20 Definitions

"Board" means the Illinois Board of Higher Education.

"Designated Grant" means a grant funded by an appropriation or other source

which appropriation or other source specifies the recipient of the grant and the

purpose of the grant.

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

GATA rules are cross-referenced in this Part.

"GATA Rule" means 44 Ill. Adm. Code 7000.

"GATU" means the Grant Accountability and Transparency Unit within the

Illinois Governor's Office of Management and Budget.

"Grant Period" or "Period of Performance" means the time during which the

awardee may incur new obligations to carry out the work authorized. The Board

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ILLINOIS REGISTER 11403

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

will include the start and end dates in the Grant Agreement. means the period

ending two years after the date that either the Board or the recipient signs a grant

agreement, whichever is later.

"Non-Designated Grant" means a grant funded by an appropriation or other

source thatwhich appropriation or other source specifies the recipient of the grant

but does not specify the purpose of the grant.

"Other Sources of Funding" means those grant funds provided through entities

outside of State and federal governmentnational goverment that are not

appropriated (e.g., interagency agreement, foundations, associations, businesses

or charities) and are to be allocated to other recipients.

"Recipient" means:

the institution of higher education or other entity, public or private, that

which institution of higher education or other entity, public or private, is

designated by an appropriation or other source to receive a grant;, or

means

a class of institutions that is designated by an appropriation or other source

to receive a grant.

(Source: Amended at 44 Ill. Reg. 11400, effective June 24, 2020)

Section 1001.30 Grant Amounts and Allocations

Grant amounts and allocations shall be made as provided in this Section.follows:

a) WhenWhere the appropriation or other funding source specifies a specific amount

for a recipient or recipients, the grant amount shall be thethat sum specified by the

appropriation or other funding source.

b) WhenWhere the appropriation appears to leave discretion in the allocation of

grant funds to the Board, the Board willshall determine the intent of the Governor

and the General Assembly in passing the legislation and will allocate grants

accordingly. If that intent cannot be determined, the Board willshall determine

eligibility for the grants in accordance with thetheir stated purpose of the grant as

specified by the appropriation or other funding source. The Board will and shall

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ILLINOIS REGISTER 11404

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

notify all potentially eligible recipients prior to making grants.

c) Determination of Grant Amount

1) In those cases in whichwhere the appropriation or other funding source

specifies a specific amount for a class of recipients, the grant amounts

shall be determined by the method specified by the appropriation or other

funding source., or

2) Ifif no method is specified, then the grant funds shall be allocated equally

among all eligible recipients in the class., provided that such

3) All recipients shall sign a Grant Agreementgrant agreement, if required.

(Source: Amended at 44 Ill. Reg. 11400, effective June 24, 2020)

Section 1001.40 Grant Requirements

a) Board staff shall verify that each recipient is registered with GATU, has

completed a prequalification process, and has been determined "qualified" by

GATU (see GATA Rule Section 7000.70).A recipient of a non-designated grant

shall not be required to execute a grant agreement in order to receive grant funds.

b) Grant funds may not be expended except pursuant to a Grant Agreement.

Disbursement of grant funds without a Grant Agreement is prohibited.

c) The Board shall enter into an agreement with a qualified recipient using the

Uniform Grant Agreement provided by GATU (see GATA Rule Section

7000.370) or the Uniform Intergovernmental Grant Agreement (see GATA Rule

Section 7000.300). The intergovernmental agreement should be used when

issuing a grant to another governmental entity, such as a State university or State

agency.

d) The Grant Agreement must be executed by the authorized representative of the

recipient within 60 days after receipt of the proposed Grant Agreement from the

Board.A recipient of a designated grant must execute a grant agreement with the

Board that:

1) Must be executed by the authorized chief executive officer of the recipient

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ILLINOIS REGISTER 11405

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

within 60 days after receipt of the proposed grant agreement from the

Board;

2) Must contain a representation by the recipient that it will expend all grant

funds in accordance with the requirements of the appropriation, the

funding source and the grant agreement;

3) Must contain a provision that the recipient will refund any grant funds that

the recipient was not eligible to receive or that were not spent in

accordance with this Part;

4) Must contain a provision that the recipient will expend and disburse all

grant funds, except for the audit fee, within the grant period;

5) Must contain a provision that the recipient will contract with an external

auditor who is licensed as a public accountant by the Illinois Department

of Professional Regulation to conduct an audit of grant expenditures.

ec) Designated grant funds may not be used to reimburse a recipient for obligations or

expenditures prior to the date of the Grant Agreementgrant agreement, except that

otherwise eligible expenditures that occur after the effective date of any

appropriation may be reimbursed from grant funds.

fd) Designated grant funds may be distributed by the Board to a recipient prior to the

expenditure or obligation by the recipient.

ge) Interest earned by the recipient is subject to the Parameters Regarding Interest

Earned stipulated by GATU (see GATA Rule Section 7000.120). For grants of

less than $250,000, interest earned by the recipient may be retained by the

recipient since the cost of accounting for the interest or allocating the interest to

principal is deemed significant in terms of the amount of interest to be received.

For grants of $250,000 and more, interest earned by the recipient must be

accounted for and interest earned shall become a part of the grant principal and

used only for those purposes authorized by the grant agreement. For grants over

$250,000, the Board may pay out such grants in installments, with each

installment taking into account the purpose of the grant and the rate of anticipated

expenditure of the grant funds by the recipient.

f) For designated grants, grant agreements shall comply with the Grant Funds

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ILLINOIS REGISTER 11406

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

Recovery Act [30 ILCS 705].

(Source: Amended at 44 Ill. Reg. 11400, effective June 24, 2020)

Section 1001.50 Post-AwardAudit Requirements and Guidelines

a) Recipients are subject to the Auditing Standards stipulated by GATU (see GATA

Rule Section 7000.90).Within 120 days after the end of the grant period, the

recipient shall submit a schedule of budgeted and actual grant expenditures

audited by an external auditor who is licensed as a public accountant by the

Illinois Department of Professional Regulation. The audit shall include an

opinion by the auditor on the schedule of budgeted and actual grant expenditures

and assurance that grant funds were expended in conformance with the purpose of

the grant as included in the appropriation, or other funding source, and the grant

agreement. Any funds not so expended shall be refunded to the Board. Any

recipient that fails to submit an audit shall refund the entire grant amount to the

Board.

b) The recipient shall not deviate from the budget, project scope, or objectives stated

in the Grant Agreement, except with mutual agreement of the Board and the

recipient. (See GATA Rule Section 7000.370(b).) The Board shall review a

request and notify the recipient within 30 calendar days after receipt of a

request.Recipients of $25,000 or less in grant funds may submit a statement

signed by the chief executive officer of the recipient in lieu of an audit. Such

verified statement shall include a schedule of budgeted and actual expenditures

and shall represent that grant funds have been used for the purpose contained in

the appropriation, or other funding source, and the grant agreement. The verified

statement shall further state that the recipient has complied with all requirements

with respect to the grant as set forth in the statute, administrative rules, or grant

agreement, if applicable.

c) The recipient shall file Periodic Performance Reports with the Board on progress

made and financial data for the reporting period. The initial report shall cover the

first 3 months after the Board approves the award. Reports are to be filed using

the forms provided by the Board and submitted no later than 30 days after the end

of each quarter. (See GATA Rule Section 7000.410.)

d) The awardee shall take the following actions to complete grant closeout at the end

of the period of performance. (See GATA Rule Section 7000.440.)

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1) Promptly refund any balances of unobligated cash that the Board paid in

advance and that are not authorized to be retained by the awardee for use

in other projects. Refunds shall be returned to the Board within 45 days

after the end of the period of performance.

2) Expend any encumbered grant funds during a lapse period of 60 days past

the end of the period of performance. Any encumbered but unexpended

grant funds remaining at the end of the lapse period shall be returned to

the Board within 45 days.

3) Submit, no later than 60 days after the end date of the grant period, a

statement of costs and revenues signed by the institution's authorized

representative.

4) Deadlines may be extended at the discretion of the Board. Extensions

shall be issued only in extraordinary circumstances not in the control of

the awardee.

(Source: Amended at 44 Ill. Reg. 11400, effective June 24, 2020)

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ILLINOIS REGISTER 11408

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Illinois Cooperative Work Study Program

2) Code Citation: 23 Ill. Adm. Code 1015

3) Section Numbers: Adopted Actions:

1015.10 Amendment

1015.20 Amendment

1015.30 Amendment

1015.50 Amendment

1015.60 Amendment

1015.70 Amendment

4) Statutory Authority: Implementing and authorized by Section 3 of the Illinois

Cooperative Work Study Program Act [110 ILCS 225].

5) Effective Date of Rules: June 24, 2020

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

7) Does this rulemaking contain incorporations by reference? The rulemaking does not

include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative

Procedure Act.

8) A copy of the adopted rules is on file in the Board of Higher Education's office and is

available for public inspection.

9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 4109, March 20, 2020

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

11) Differences between Proposal and Final Version: In Sections 30 and 50, the amendments

excluding for-profit institutions have been removed. Private institutions of higher

education, both not-for-profit and for-profit, will continue to be eligible for this program.

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

agreements issued by JCAR? None were made.

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

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ILLINOIS REGISTER 11409

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NOTICE OF ADOPTED AMENDMENTS

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

15) Summary and Purpose of Rulemaking: The adopted amendments incorporate the

requirements of the Grants Accountability and Transparency Act (GATA). The GATA

requirements include: adding new terminology; referencing the GATA rules for recipient

qualification and use of uniform grant agreements; removing some of the requirements

that have since been incorporated into the new uniform grant agreement; and referencing

GATA rules on interest earned, audit requirements, and post-award requirements. The

adopted amendments incorporate new statutory requirements and Board criteria.

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

Karen Helland, Administrative Rules Coordinator

Illinois Board of Higher Education

1 N. Old State Capitol Plaza, Suite 333

Springfield IL 62701-1377

217/557-7358

fax: 217/782-8548

[email protected]

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

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ILLINOIS REGISTER 11410

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NOTICE OF ADOPTED AMENDMENTS

TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER II: BOARD OF HIGHER EDUCATION

PART 1015

ILLINOIS COOPERATIVE WORK STUDY PROGRAM

Section

1015.10 Purpose

1015.20 Definitions

1015.30 Eligible Applicants

1015.40 Selection of Projects for Grants

1015.50 Grant Application Procedures

1015.60 Grant Criteria

1015.70 Post-AwardAudit Requirements

AUTHORITY: Implementing and authorized by Section 3 of the Illinois Cooperative Work

Study Program Act [110 ILCS 225].

SOURCE: Adopted at 16 Ill. Reg. 4496, effective March 9, 1992; amended at 44 Ill. Reg.

11408, effective June 24, 2020.

Section 1015.10 Purpose

The program providesThe purpose of the Illinois Cooperative Work Study Program is to provide

a program of financial assistance to support student cooperative work study programs in higher

education to benefit students academically and financially, reduce reliance on loans, enhance

public-private sector partnerships, and encourage students to seek permanent employment in

Illinois. (Section 3 of the ActPublic Act 87-513 (the Act), adopted September 13, 1991, effective

September 13, 1991)

(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)

Section 1015.20 Definitions

"Act" means Illinois Cooperative Work Study Program Act [110 ILCS 225].

"Administrative costs" means costs other than student wages and salaries, items

that go into the hands of students, cost reimbursements to students, and the cost of

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ILLINOIS REGISTER 11411

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

audits.

"Board" means the Illinois Board of Higher Education. (Section 2 of the Act)

"Cooperative Work Study work study" means an academically related work and

study experience with business, industry, government or other agencies and

organizations. Cooperative work study may include, but is not limited to, summer

internships, clinical placements, internships and work experiences during the

academic year. (Section 2 of the Act)

"Direct Costs" means costs that can be directly assigned to activities conducted

under this Part relatively easily, with a high degree of accuracy.

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

GATA rules are cross-referenced in this Part.

"GATA Rule" means 44 Ill. Adm. Code 7000.

"GATU" means the Grant Accountability and Transparency Unit within the

Illinois Governor's Office of Management and Budget.

"Grant Period" or "Period of Performance" means the time during which the

awardee may incur new obligations to carry out the work authorized. The Board

will include the start and end dates in the Grant Agreement.

"Illinois Resident Studentresident student." means To qualify as an Illinois

resident student meeting, one of the following two requirements must be met:

At least one parent, step-parent, or court appointed guardian must reside in

Illinois; or

The emancipated (self-supporting) student must have lived in Illinois, in

some capacity other than as a student at an Illinois public or nonpublic

institution of higher education, for a period of 12 consecutive months

immediately prior to the enrollment.

"Indirect Facilities and Administrative Costs" means those costs incurred for a

common or joint purpose benefitting more than one cost objective, and not readily

assignable to the cost objectives specifically benefitted without effort

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ILLINOIS REGISTER 11412

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disproportionate to the results achieved.

"Nonpublic Institutioninstitution of Higher Educationhigher education" means an

Illinois educational organization, other than a public institution of higher

education, that provides a minimum of an organized two-year program at the

private junior college level or higher and that operates in conformity with

standards substantially equivalent to those of the public institutions of higher

education. (Section 2 of the Act)

"Performance Goal" means a target level of performance expressed as a tangible,

measurable objective or as a qualitative standard, value or rate. A performance

goal includes a performance indicator, a target, and a time period, and must be

expressed in an objective, quantifiable or measurable form when possible. When

necessary, the Board and an awardee shall use an alternative performance goal

(such as a set of milestones) described in a way that makes it possible to discern

whether progress is being made toward that goal.

"Program" means the Illinois Cooperative Work Study Program.

"Public Institutioninstitution of Higher Educationhigher education" means the

University of Illinois, Southern Illinois University, Chicago State University,

Eastern Illinois University, Governors State University, Illinois State University,

Northeastern Illinois University, Northern Illinois University, Western Illinois

Universitythe several universities and colleges under the governance of the Board

of Governors of State Colleges and Universities, the several Regency Universities

under the jurisdiction of the Board of Regents, the public community colleges of

this State, and any other public universities, colleges and community colleges now

or hereafter established or authorized by the General Assembly. (Section 2 of the

Act)

(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)

Section 1015.30 Eligible Applicants

Eligible applicants are nonpublic and public institutions of higher education based in Illinois.

(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)

Section 1015.50 Grant Application Procedures

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ILLINOIS REGISTER 11413

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BOARD OF HIGHER EDUCATION

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a) At any time that grant funds become available or that the Board has reason to

believe that grant funds may become available, the Board shall notify in writing

the chief executive officer of every public and nonpublic institution of higher

education in the State of Illinois of the availability or projected availability of the

grantsuch funds.

1) TheSuch notice shall contain, at a minimum, the following information:

A1) The deadline for the submission of applications, which deadline

shall not be less than 45 days from the date of sending themailing

of such notice; and

B2) The date the which such grants will be made and the deadline for

the completion of grant projects; and, which deadline shall not be

more than two years.

C) This State-funded program is subject to GATA. GATA rules are

cross-referenced in this Part.

2) The application materials must include the Uniform Grant Application

provided by GATU and signed by an authorized representative (see

GATA Rule Section 7000.330).

b) Grant project proposals shall contain, at a minimum:

1) Synopsis;

2) Statement of goals and specific objectives consistent with Section

1015.40;

3) Detailed description of the proposed project, including activities,

completion schedule, operating procedures, and justification for funding;

4) The amountsamount(s) and sourcessource(s) of matching contributions

earmarked for the project;

5) Performance goalsEvaluation procedures to determine the effectiveness of

the project; and

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ILLINOIS REGISTER 11414

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

6) Proposed budget amount for the matching funds, including audit, which is

an allowable expenditure of grant funds. Indirect facilities and

administrative costs and direct costs are disallowed for this

program.Administrative costs are not an allowable expenditure of grant

funds.

c) The Board staff shall review application documents of all institutions for

compliance with the application and eligibility requirements. The Board staff

may request additional documents or a meeting between its staff and institutional

representatives to discuss questions about application documents. If theIn the

event that material submitted by an applicant institution is incomplete or not of

sufficient detail to provide an understanding of the proposed project or its

justification, the Board staff shallwill request additional information for

clarification or substantiation.

d) Once grants are awarded, theThe Board staff shall notify each applicant in writing

concerning its application.whether or not it received a grant.

e) Application information and materials may be obtained from theand shall be

submitted to:Illinois Cooperative Work Study Program Illinois Board of Higher

Education, 1 N. Old State Capitol Plaza, Suite 333,4 West Old Capitol Square,

Room 500 Springfield, Illinois 62701 or the Board's website at www.ibhe.org.

(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)

Section 1015.60 Grant Criteria

a) Non-Discrimination. No recipient shall discriminate on the basis of race, creed,

sex, handicap, color, or national origin in the employment, training, or promotion

of personnel or in the implementation of the program funded by the grant.

b) Grant Period. Grants shall be for the period stated in the Grant Agreementgrant

agreement but no longer than one fiscal yearin no event for more than two years.

c) RefundsUnexpended Grant Funds. Any unexpended portion of the grant funds

and any grant funds that the recipient was not eligible to receive or that were not

spent in accordance with this Part shall be refunded to the Board.

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ILLINOIS REGISTER 11415

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

d) Records RetentionRecord Keeping. All costs charged to the program shall be

supported with documentationby properly executed documents. Financial

records, supporting documents, statistical records, and all other awardee records

pertinent to the State award shall be retained for 3 years after the date of

submission of the final expenditures report.Such records shall be kept separately

from the documents and maintained for a period of three years after receipt of

final payment.

e) Agreement Required. Grant funds may not be expended except pursuant to a

Grant Agreement. Disbursement of grant funds without a Grant Agreement is

prohibited.Evaluation. Within ninety days after the end of the grant period, the

recipient shall submit to the Board an evaluation of the project. The evaluation of

the project shall include systematic and objective procedures for appraising the

project with respect to how closely the purposes were fulfilled and an explanation

of any deviation therefrom.

f) Audit. Within ninety days after the end of the grant period the recipient shall

submit an audit of expenditure of grant funds provided under this program

prepared by an external auditor who is registered as a public accountant by the

Illinois Department of Professional Regulation. Any recipient which fails to

submit an audit shall refund the entire grant amount to the Board. Complete

payment of grant funds for any continuing project shall be contingent upon

submission of the evaluation and audit for the previous grant period.

fg) Prior Performance. For a grant applicant who is a prior recipient of an award

under this Part, the Board shall review available information on the awardee's

prior performance and consider that information when assessing grantee risk.

This is part of the grantee assessment required by GATU (see GATA Rule

Section 7000.340).

g) Qualified Recipient. Board staff shall verify that each recipient is registered with

GATU, has completed a prequalification process, and has been determined

qualified by GATU (see GATA Rule Section 7000.70).

h) Grant Agreement. The Board shall enter into a Grant Agreement with a qualified

recipient using the Uniform Grant Agreement provided by GATU (see GATA

Rule Section 7000.370).Contracts. All grants awarded under this program shall

be made through contractual agreements between the Board and the recipient.

Such agreements shall comply with the provisions of the Grant Funds Recovery

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ILLINOIS REGISTER 11416

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

Act (Ill. Rev. Stat. 1989, ch. 127, pars. 2301 et seq.).

(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)

Section 1015.70 Post-AwardAudit Requirements

a) Recipients are subject to the Auditing Standards required by GATU (see GATA

Rule Section 7000.90).

b) The recipient shall not deviate from the budget, project scope, or objectives stated

in the Grant Agreement except with mutual agreement of the Board and the

recipient (see GATA Rule Section 7000.370(b)). The Board shall review a

request and notify the recipient within 30 calendar days after receipt of a request.

c) The recipient shall file Periodic Performance Reports with the Board on progress

made and on financial data for the reporting period. The initial report shall cover

the first 3 months after the Board approves the award. Reports are to be filed

using the forms provided by the Board and submitted no later than 30 days after

the end of each quarter. (See GATA Rule Section 7000.410.)

d) The awardee shall take the following actions to complete grant closeout at the end

of the period of performance (see GATA Rule Section 7000.440).

1) Promptly refund any balances of unobligated cash that the Board paid in

advance and that are not authorized to be retained by the awardee for use

in other projects. Refunds shall be returned to the Board within 45 days

after the end of the period of performance.

2) Expend any encumbered grant funds during a lapse period of 60 days past

the end of the period of performance. Any encumbered but unexpended

grant funds remaining at the end of the lapse period shall be returned to

the Board within 45 days.

3) Submit, no later than 60 days after the end date of the grant period:

A) A statement of costs and revenues signed by the institution's

authorized representative.

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ILLINOIS REGISTER 11417

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

B) A written evaluation of the project signed by the project manager

of the institution's authorized representative. The report must

address the objectives and performance measures specified in the

Grant Agreement. Performance shall be measured in a way that

will help the Board and other applicants and recipients improve

program outcomes, share lessons learned, spread the adoption of

promising practices, and build evidence upon which the Program is

based and performance decisions are made.

C) Deadlines may be extended at the discretion of the Board.

Extensions shall be issued only in extraordinary circumstances not

in the control of the awardee.

a) Institutions shall contract with an external auditor who is registered as a public

accountant by the Illinois Department of Professional Regulation.

b) The auditor shall obtain copies of the following grant documents: the executed

grant agreement and a copy of this Part.

c) The auditor shall verify the expenditure of grant funds as provided for in the grant

agreement and this Part.

d) The auditors shall provide an audit including a description of the tests performed

and the audit findings to the Board within 90 days after the termination of the

grant period or within 90 days after the end of the institution's fiscal year for

institutions electing to fulfill the audit requirements as part of their annual audit as

provided by the Illinois Grant Funds Recovery Act (Ill. Rev. Stat. 1989, ch. 127,

par. 2302).

e) Refunds shall be made to the State by institutions for the following reasons:

1) Grant funds not expended;

2) Grant funds expended for purposes not allowed under this Part or under

the grant agreement;

3) Grant funds received by the grantee for which the grantee is subsequently

determined not to be eligible.

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ILLINOIS REGISTER 11418

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BOARD OF HIGHER EDUCATION

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f) The cost of an audit is an allowable use of grant funds.

(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)

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ILLINOIS REGISTER 11419

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Grow Your Own Teacher Grants

2) Code Citation: 23 Ill. Adm. Code 1085

3) Section Numbers: Adopted Actions:

1085.20 Amendment

1085.25 Amendment

1085.40 Amendment

1085.50 Amendment

1085.60 Amendment

1085.70 Amendment

1085.80 Amendment

1085.90 Amendment

1085.100 Amendment

1085.110 Amendment

1085.115 New Section

1085.120 Repealed

4) Statutory Authority: Implemented and authorized by Section 13 of the Grow Your Own

Act [110 ILCS 48/13] and by Section 9.17 of the Board of Higher Education Act [110

ILCS 205/9.17].

5) Effective Date of Rules: June 24, 2020

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

7) Does this rulemaking contain incorporations by reference? The rulemaking does not

include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative

Procedure Act.

8) A copy of the adopted rules is on file in the Board of Higher Education's office and is

available for public inspection.

9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 4120, March 20, 2020

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

11) Differences between Proposal and Final Version: Minor technical changes, no

substantive changes were made.

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ILLINOIS REGISTER 11420

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

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

agreements issued by JCAR? None were made.

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

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

15) Summary and Purpose of Rulemaking: PA 101-122 (effective July 26, 2019) amends the

Grow Your Own Teacher Education Act by authorizing the Grow Your Own Illinois (an

Illinois not-for-profit corporation) to administer the awarding of grants including the

selection, management, and oversight of consortiums and other duties. The Illinois

Board of Higher Education is responsible for allocating funds to Grow Your Own

Illinois, for obtaining an independent evaluation of the program, and for promulgating

rules. Also, the amendments include 1) authorization to recruit high school students

enrolled in dual credit courses, 2) candidate eligibility no longer requires an interruption

in college attendance, 3) graduates may work in early childhood programs to earn service

credit for forgivable loan program, and 4) provisions to incorporation the Grants

Accountability and Transparency Act regarding grant management.

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

Karen Helland, Administrative Rules Coordinator

Illinois Board of Higher Education

1 N. Old State Capitol Plaza, Suite 333

Springfield IL 62701-1377

217/557-7358

fax: 217/782-8548

[email protected]

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

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ILLINOIS REGISTER 11421

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER II: BOARD OF HIGHER EDUCATION

PART 1085

GROW YOUR OWN TEACHER GRANTS

Section

1085.10 Purpose

1085.20 Definitions

1085.25 Roles and Responsibilities

1085.30 Eligibility

1085.40 Grant Applications Offered by Grow Your Own Illinois

1085.50 Planning Grant

1085.60 Implementation Grant

1085.70 Continuation Grant

1085.80 Candidates

1085.90 Forgivable Loan Program

1085.100 Grant Agreement Between Grow Your Own Illinois and Consortium

1085.110 Audit Requirements for Grants Awarded by Grow Your Own IllinoisGuidelines

1085.115 Grant Agreement and Audit Requirements for Allocation to Grow Your Own

Illinois

1085.120 Grant Funds Recovery Act (Repealed)

AUTHORITY: Implementing the Board's authorities under of the Grow Your Own Teacher

Education Act [110 ILCS 48] and under Section 9.17 of the Board of Higher Education Act [110

ILCS 205].

SOURCE: Adopted at 36 Ill. Reg. 17852, effective December 10, 2012; amended at 44 Ill. Reg.

11419, effective June 24, 2020.

Section 1085.20 Definitions

"Accredited Teacher Preparation Programteacher preparation program" means,

for the purposes of this Part, a regionally accredited, Illinois approved teacher

education program authorized to prepare individuals to fulfill all of the

requirements to receive an Illinois initial teaching license/certificate (Section 10

of the Act).

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ILLINOIS REGISTER 11422

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

"Act" means the Grow Your Own Teacher Education Act [110 ILCS 48].

"Awardee" or "Grantee" means, for the purposes of this Part, a consortium or

Grow Your Own Illinois.

"Board" means the Board of Higher Education"Board" means the Board of

Higher Education (Section 10 of the Act).

"Candidate" means a person who is eligible to receive or is receiving assistance

through a program offered by a consortium. A candidate must:

hold a high school diploma or its equivalent, or be a high school student

enrolled in a dual credit course offered by a participating institution of

higher education;,

meet either the definition of "parent and community leader" or the

definition of "paraeducator";,

maintain a cumulative grade point average of at least 2.5 on a 4.0 scale

(or the equivalent as determined by the Board of Higher Education);

attend monthly cohort meetings; and

apply for financial aid resources before applying for assistance from the

programmust not have attended college right after high school or must

have experienced an interruption in his or her college education, and does

not hold a bachelor's degree (Section 20 of the Act).

"Paraeducator" means an individual with a history of

demonstrated accomplishments in school staff positions (such as

teacher assistants, school-community liaisons, school clerks, and

security aides) in schools that meet the definition of a hard-to-staff

school (Section 10 of the Act).

"Parent and Community Leadercommunity leader" means an

individual who has or had a child enrolled in a school or schools

that meet the definition of a hard-to-staff school under the

definition of "eligible school" and who has a history of active

involvement in the school or who has a history of working to

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ILLINOIS REGISTER 11423

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BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

improve schools serving a substantial percentage of low-income

students, including membership in a community organization

(Section 10 of the Act).

"Student with a Non-traditional Backgroundnon-traditional

background" means a student who does not hold a bachelor's

degree and who begins a baccalaureate program at a point in time

other than immediately following graduation from high school or

one who began a baccalaureate program after high school, did not

complete it, and re-enters a baccalaureate program after some

passage of time.

"Cohort" means a group of teacher education candidates who are enrolled in and

share experiences in the same program and are linked by their desire to become

Illinois teachers in hard-to-staff schools and by their need for the services and

supports offered by the Initiative. A cohort may include a high school student

enrolled in a dual credit course offered by a participating institution of higher

education. (Section 10 of the Act).

"Community Organizationorganization" means a nonprofit organization that has

a demonstrated capacity to train, develop, and organize parents and community

leaders into a constituency that will hold the school and the school district

accountable for achieving high academic standards; in addition to organizations

with a geographic focus, "community organization" includes general parent

organizations, organizations of special education or bilingual education parents,

and school employee unions (Section 10 of the Act).

"Consortium" means, for the purposes of this Part, an association of entities

pooling their resources to offer a program. A consortium shall be composed of at

least one 4-year institution of higher education with an Illinois accredited teacher

education program, at least one school district or group of schools, and one or

more community organizations. The consortium may also include a 2-year

institution of higher education, a school employee union, or a regional office of

education. (Section 20 of the Act)

"Continuation Grantgrant" means an award of grant funds to a consortium for a

program if an implementation grant or a continuation grant was awarded in the

prior fiscal year pursuant to this Part and all requirements of the prior grant

agreement were met.

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"Counsel Outout" means a systematic approach to identify a candidate who may

be struggling in the program, and to determine if the candidate is performing at an

acceptable level to continue without intervention or if the candidate should

discontinue the program.

"Developmental Classesclasses" means classes in basic skill areas, such as

mathematics and language arts, that are prerequisite to, but not counted towards,

degree requirements of a teacher preparation program (Section 10 of the Act).

"DFPR" means the Illinois Department of Financial and Professional Regulation

or its successor.

"Dual Credit" means an instructional arrangement in which an academically

qualified student currently enrolled in high school enrolls in a college-level course

and, upon successful course completion, concurrently earns both college credit

and high school credit.

"Early Childhood Program" means a program licensed by the Department of

Children and Family Services in which no fewer than 40% of the children it

serves are receiving subsidized care under the Department of Human Services'

Child Care Assistance Program, a Head Start or Early Head Start Program, a

Preschool for All Program, or a prevention initiative (Section 10 of the Act).

"Eligible Schoolschool" means an early childhood program or a public

elementary, middle, or secondary school in this State that serves a substantial

percentage of low-income students and that is either hard-to-staff or has hard-to-

staff teaching positions (Section 10 of the Act).

"Hard-to-staff Schoolschool" means an early childhood program or a

public elementary, middle, or secondary school in this State that, based on

data compiled by the State Board of Education in conjunction with the

Board of Higher Education, serves a substantial percentage of low-income

students, as defined by the State Board (Section 10 of the Act).

"Hard-to-staff Teaching Position teaching position" means a teaching

category (such as special education, bilingual education, mathematics, or

science) in which statewide data compiled by the State Board of Education

in conjunction with the Board of Higher Education indicates a multi-year

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pattern of substantial teacher shortage or that has been identified as a

critical need by the local school board (Section 10 of the Act).

"Schools Servingserving a Substantial Percentagesubstantial percentage

of Low-income Studentslow-income students" means schools that maintain

any of grades pre-kindergarten through 8, in which at least 35% of the

students are eligible to receive free or reduced-price lunches, and schools

that maintain any of grades 9 through 12, in which at least 25% of the

students are eligible to receive free or reduced price lunches (Section 10

of the Act).

"Fiscal Agentagent" means the Illinois public institution pursuant to the Board of

Higher Education Act [110 ILCS 205] or a private not-for-profit institution

authorized to operate within the State of Illinois pursuant to the Private College

Act [110 ILCS 1005] and/or the Academic Degree Act [110 ILCS 1010]; or has

been in continuous operation and granted degrees within the State of Illinois

before the effective date of those Acts and has not modified the business entity

since the effective dates of those Acts; or Grow Your Own Illinois. This

definition does not apply to consortia established before 2010.

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

"GATA Rule" means 44 Ill. Adm. Code 7000.

"GATU" means the Grant Accountability and Transparency Unit within the

Illinois Governor's Office of Management and Budget.

"Grant Period" or "Period of Performance" means the time during which the

awardee may incur new obligations to carry out the work authorized under the

grant. The start and end dates will be included in the Grant Agreement.

"Grow Your Own Illinois" or "GYOI" means the not-for-profit corporation that

was incorporated in Illinois in 2007 and continues in good standing with the

Illinois Secretary of State.

"Initiative" means the Grow Your Own Teacher Education Initiative created

under the Act (Section 10 of the Act).

"Institution" means an institution of higher education.

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"Implementation Grantgrant" means an award of grant funds to a consortium for a

program only if a planning grant was received in the prior fiscal year pursuant to

this Part. This award may also be available to a consortium in which the

composition of the membership has changed.

"Performance Goal" means a target level of performance expressed as a tangible,

measurable objective or as a qualitative standard, value or rate. A performance

goal includes a performance indicator, a target, and a time period, and must be

expressed in an objective, quantifiable or measurable form when possible. When

necessary, an alternative performance goal (such as a set of milestones) described

in a way that makes it possible to discern whether progress is being made toward

that goal may be used.

"Planning Grantgrant" means a one-time award of grant funds to a potential

consortium that will enable the group to work with GYOIthe Board to organize,

coordinate and submit an application for an implementation grant.

"Potential Consortiumconsortium" means a consortium that has not received a

planning grant pursuant to this Part.

"Program" means a Grow Your Own Teacher preparation program established

by a consortium under the Act (Section 10 of the Act).

"Year of Serviceservice" means, for the purposes of this Part, full-time

employment for at least half a school year, or an equivalent amount of part-time

employment, in:

An early childhood program or aA public school that, at the time the

individual becomes employed, is either one of the schools targeted by the

program completed by the individual with assistance under this Part or

another school that is hard to staff; or

A teaching position that, at the time the individual becomes employed, is a

hard-to-staff teaching position.

(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.25 Roles and Responsibilities

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a) The Board of Higher Education is responsible for, subject to appropriation,

allocating funds to Grow Your Own Illinois for the purpose of administering the

program (Section 20 of Act).

b) GYOI is responsible for administration of the Grow Your Own (GYO) Initiative.

Responsibilities include, but are not limited to, developing and releasing

applications, reviewing applications and selecting grantees, fiscal monitoring,

maintaining a candidate database system, development and review of contracts to

support the initiative, reviewing of consortia annual reports and consultant

reports, coordination and communication of expectations to all consortia

members, and convening meetings of all consortia members developing and

appointing an advisory board with members representative of all consortia.

cb) The consortium is responsible for pooling all its collective resources and

providing a variety of support services to increase the success rate of candidates

graduating from an Illinois accredited teacher education program to become and

to be placed as teachers in hard-to-staff schools.

dc) The fiscal agent is responsible for providing direction and oversight for the

consortium. Responsibilities include, but are not limited to, submitting grant

applications and annual reports, meeting with program evaluators, monitoring

grant expenditures and the budget, serving as liaison and primary contact person

for the consortium, participating in cohort meetings, locating and hiring tutors,

conducting meetings with academic counselors, collecting and reporting

assessment and performance data, and attending consortium meetings.

ed) A cohort coordinator is responsible for direct support and counseling to

candidates. Responsibilities include, but are not limited to, assisting students with

class schedules, helping candidates register and answer questions about

registration, answering questions about teacher education programs and entrance

requirements, helping candidates solve individual problems related to their

classes, basic skills tests and other college requirements, conducting cohort

meetings, conducting meetings with academic counselors, meeting with program

evaluators, coordinating tutorial support, monitoring academic progress of

candidates, assisting the consortium by providing information regarding the

anticipated completion dates of candidates to assist with placement where

positions may be available, and attending consortium meetings.

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fe) The community based organization has unique responsibilities to support the

success of the candidates. Responsibilities include, but are not limited to, helping

improve the life outcomes of disadvantaged children and families, increasing

parental involvement in schools, developing parent and candidate leadership and

addressing commonly identified issues related to the school, carrying out

community-school improvement activities, assisting in developing after school

programs, applying for grants to support the consortium, meeting with program

evaluators, identifying unique needs of candidates and providing support for those

needs, working with higher education partners to locate and hire tutors to help

candidates with coursework, and attending consortium meetings.

gf) An independent program evaluator is responsible for reporting the extent of

candidate persistence in program enrollment, acceptance as an education major in

a 4 year institution of higher education, completion of a bachelor's degree in

teaching, obtaining a teaching position in a target school or similar school,

subsequent effectiveness as a teacher, and persistence in teaching in a target

school or similar school. The evaluation shall assess the Initiative's overall

effectiveness and shall identify particular program strategies that are especially

effective (Section 35 of the Act). The evaluation process will include monitoring

site visits, providing technical assistance to consortia, and providing other support

services to GYOI and the Board as needed. The evaluator will produce an annual

report that includes individual project and overall program data, identification of

effective practices, and recommendations for program improvements.

hg) An accredited Illinois teacher preparation program, housed within an Illinois

institution of higher education, is responsible for providing high quality

undergraduate coursework and clinical experiences that will prepare beginning

teachers to work in hard-to-staff schools. The programs offered will align with the

areas of need derived from the GYO consortium's needs assessment of the

community's K-12 schools.

ih) The hard-to-staff schools (elementary, middle and high school) are responsible for

providing data (needs assessment) to the consortium on those areas that

experience a multi-year pattern of substantial teacher shortage or have been

identified as a critical need by the local school board, providing sites for clinical

experiences for GYO participants/candidates and providing employment

opportunities for GYO graduates when possible.

(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

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Section 1085.40 Grant Applications Offered by Grow Your Own Illinois

Grow Your Own IllinoisThe Board will release applications for planning, implementation and

continuation grants when sufficient funding is made available to GYOIthe Board during any

given fiscal year and GYOIthe Board determines a need for grants. Each release will include

information about the application requirements, the categories of allowable expenditures, the

information required, and thesuch certifications, assurances and program-specific terms of the

grant that will by specified in the Grant Agreementrequired by the Board. Applications shallwill

be signed by each member of the potential consortium or consortium.

a) Applications for grant funds shall be made on prescribed forms developed by

GYOIthe Board and shall include, but not be limited to, the following provisions

and information:

1) The names, addresses, chief officers and general description of each

member of the potential consortium or recognized consortium;

2) Name and contact information of the fiscal agent, as defined in Section

1085.20; and

3) Certification that the grant funds will be used for planning activities

pursuant to Section 1085.50, implementing a program pursuant to Section

1085.60, or continuing a program pursuant to Section 1085.70.

b) Applications shall also include additional information and documentation as

specified by the type of grant:

1) Planning grant requirements in Section 1085.50;

2) Implementation grant requirements in Section 1085.60; or

3) Continuation grant requirements in Section 1085.70.

c) GYOI will make applications available at its business address and on its

websiteGrant applications may be obtained from the Illinois Board of Higher

Education, 431 East Adams Street, Second Floor, Springfield, Illinois 62701-1404

or the Board's website at www.ibhe.org.

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d) Completed applications must be submitted to GYOI the Board at the address

indicated in the applicationsubsection (c) and must be received by the announced

deadline for the submission of applications, which shall not be less than 45 days

after the announcement and release of application materials. Completed

applications will not be accepted after the announced deadline for the submission

of applications within any fiscal year.

e) GYOIBoard staff shall review application documents for compliance with the

application and eligibility requirements. GYOIThe Board may request additional

documentation and/or a meeting between its staff and institutional representatives

to resolve questions about application documents. In the event that material

submitted by an applicant institution is incomplete or not of sufficient detail to

provide an understanding of the proposed projects, GYOIthe Board will request

additional information.

f) After the review is complete, GYOIthe Board shall provide written notification to

an applicant indicating whether the applicant is eligible to receive a grant award.

(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.50 Planning Grant

Grow Your Own IllinoisThe Board may, if it chooses, award and administer a small number of

planning grants during any fiscal year to potential consortia (Section 30 of the Act). GYOIThe

Board shall indicate the maximum amount to be reserved for planning grants and the maximum

amount available per grant.

a) In addition to the application requirements of Section 1085.30, the application for

a planning grant must include the following:

1) Proposal

A) Describes a plan of work for developing a consortium and a Grow

Your Own program that will be eligible for an implementation

grant under this Part;

B) Provides evidence that at least a subset of the teachers typically

prepared by the institution seeks employment in communities

where hard-to-staff schools are located;

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C) Demonstrates that the institution is not applying for funding on

behalf of an existing consortium that is currently serving a group

of candidates under a model substantially similar to that described

in the Act and that further information is needed about the specific

barriers that exist with respect to enabling individuals with a long-

term commitment to those communities to complete teacher

preparation; and

D) Demonstrates need by a hard-to-staff school or by a K-12 district

for teachers in hard-to-staff positions.

2) Supporting Documentation

A) Letters of interest from one or more early childhood programs,

school districts or schools indicating willingness to collaborate in

offering opportunities for candidates in the program to complete

pre-student teaching clinical experiences in hard-to-staff schools or

positions; and

B) If additional community organizations are being considered for

membership in the consortium, letters of invitation that the

applicant has sent to one or more relevant community

organizations proposing a role for the organizations in the

proposed consortium, along with a rationale provided by the

applicant for inclusion of these organizations.

3) GYOIThe Board shall provide the categories of allowable expenditures

and require the submission of a budget summary and payment schedule,

completed on the forms provided, as well as a narrative budget breakdown

that provides a detailed explanation of each line item of expenditure.

Allowable uses of planning grant funds shall include services and goods

necessary to:

A) Secure the participation and commitment of the required members

and the optional members of a consortium to develop a plan for

collective decision-making that involves all partners and provides a

mechanism for candidate input;

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B) Attract or identify viable potential candidates for teacher

preparation who are para educators or parent and community

leaders as contemplated by the Act, including assistance that will

permit potential candidates to complete developmental coursework

during their first four semesters of participation that will verify

their academic readiness for enrolling in teacher preparation; and

C) Identify barriers to teacher certification for potential members of a

given cohort, and the strategies and resources for mitigating those

barriers and successfully ameliorating them within the

programmatic, time and funding constraints of the program.

b) In awarding grants, GYOIthe Board shall select programs that successfully

address initiative criteria and that reflect a diversity of strategies in terms of

serving urban, suburban, and rural areas, the nature of the participating

institutions of higher education, and the nature of hard-to-staff schools and hard-

to-staff teaching positions on which a program is focused (Section 20 of the Act).

c) Each proposal that is submitted by a potential consortium and meets the

requirements of this Section shall be considered qualified for funding.

d) Funding decisions shall be made by balancing the goals of geographic distribution

and accessibility with the level of need and the potential number of candidates to

be served.

e) In the event that an audit or other evidence establishes that the consortium failed

to perform and/or the expenditure of grant funds was not consistent with the

consortium's proposal and the Grant Agreement, a full or partial reimbursement to

the State through the Board shall be required. For example, if an auditor finds that

any amount of funds waswere not used or waswere used in a manner inconsistent

with the proposal, GYOIthe Board will seek reimbursement for that amount of

funds.

(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.60 Implementation Grant

New implementation grants shall be offered in years when the level of available funding allows

one or more new programs or cohorts of candidates to be supported, given the requirements of

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Section 25 of the Act for ongoing support of cohorts that have begun their preparation in

previous years. Grow Your Own IllinoisThe Board shall indicate the maximum amount to be

reserved for implementation grants and the maximum available amount per grant.

a) In addition to the application requirements of Section 1085.30, the application for

an implementation grant must include the following:

1) The responsibility and roles of each partner in the consortium shall be set

forth in a written agreement signed by each partner to be submitted with

the application. The written agreement shall address at least the

following:

A) The process and responsibilities of each partner for the

recruitment, selection and assessment of candidates;

B) The establishment of support systems and the specific roles of each

partner in providing those supports. This may include, but shall not

be limited to, tutoring, peer mentoring, professional development

workshops and placement supports; and

C) The process to develop an evaluation plan to measure the progress

and success of individual candidates, as well as an evaluation of

the partnership, and the role of each partner in making

improvements based on the results of the evaluations.

2) Information on the consortium participants, service targets and candidates.

A) The teacher preparation programs involved and their qualifications

relevant to the requirements of the Act, including specific

information on the institution's success in preparing teachers for

positions in schools that serve a substantial percentage of low-

income students;

B) The hard-to-staff schools and positions that are targeted;

C) The demographic make-up of the area served by the targeted

schools;

D) Plans for recruiting candidates to the program;

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E) Selection criteria and process for admitting candidates into the

program;

F) Evidence that the candidates of the cohort are paraeducators or

parent and community leaders;

G) Plans for providing support to the candidates;

H) Plans for ensuring each candidate successfully progresses through

the program. These plans will include strategies such as tutoring,

study skills training, and other strategies to ensure candidates pass

the appropriate testsIllinois basic skills test in accordance with the

rules adopted by the State Board of Education for the

licensure/certification of educators (see 23 Ill. Adm. Code

25.720750(b));.

I) Preparation status of existing candidates, if a cohort is already

engaged in the program;

J) Procedures to use when a candidate fails to make an adequate rate

of progress as specified in Section 1085.80(b), and the candidate is

counseled out of the program;

K) A plan for contingency funding if State funding is discontinued or

diminished; and

L) Procedures for placement supports for candidates, including

identified roles and responsibilities of the consortium members in

assisting with placement.

3) GYOIThe Board shall provide the categories of allowable expenditures

pursuant to the Act and require the submission of a budget summary and

payment schedule, completed on the forms provided, as well as a narrative

budget breakdown that provides a detailed explanation of each line item of

expenditure and covers the entire period of time during which the

identified cohort is expected to be enrolled in the teacher preparation

program.

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A) WhenWhere necessary, program budgets shall include the costs of

child care and other indirect expenses, such as transportation,

tutoring, technology, and technology support, necessary to permit

candidates to maintain their class schedules. Grant funds may be

used by any member of a consortium to offset thosesuch costs, and

the services may be provided by the community organization or

organizations, by any other member of the consortium, or by

independent contractors. (Section 25(d) of the Act)

B) Grant funds may also be expended to pay directly for required

developmental classes for candidates beginning a program.

(Section 25(i) of the Act)

C) The community organization or organizations may receive a

portion of the grant money for the expenses of recruitment,

community orientation, and counseling of potential candidates, for

providing space in the community, and for working with school

personnel to facilitate individual work experiences and support of

candidates. (Section 25(f) of the Act)

D) The school district or school employee union or both may receive a

portion of the grant money for expenses of supporting the work

experiences of candidates and providing mentors for graduates.

Notwithstanding the provisions of Section 10-20.15 of the School

Code, school districts may also use these or other applicable

public funds to pay participants in programs under the initiative

for student teaching required by an accredited teacher preparation

program. (Section 25(g) of the Act)

E) One or more members of the consortium may expend funds to

cover the salary of a site based cohort coordinator. (Section 25(h)

of the Act)

F) No funds under the initiative may be used to supplant the average

per-capita expenditures by the institution of higher education for

candidates. The institution of higher education may expend grant

funds to cover the additional costs of offering classes in community

settings and for tutoring services. (Section 25(c) and (e) of the Act)

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G) A consortium shall implement a program of forgivable loans to

cover any portion of tuition, books and fees charged of students

preparing for teaching licenses/certificates in excess of grants-in-

aid received.

H) Applicants shall be required to describe the steps that will be taken

to decrease the need for GYO State funds for the consortium and

its program over time.

b) Proposals for implementation grants shall be evaluated in accordance with the

following criteria:

1) Feasibility, Impact and Cost-Effectiveness

A) The proposal identifies a need for teachers in hard-to-staff schools

and hard-to-fill positions and describes either a cohort that is

available to enroll in the identified preparation program or time-

specific plans for identifying and attracting the members of such a

cohort;

B) The proposal describes strategies that will be used to reach

members of underrepresented groups that reflect the diversity of

the students enrolled in the participating schools and outlines plans

for serving additional cohorts in future years;

C) The proposal demonstrates that:

i) Coursework and experiences required for certification will

be scheduled and located to be accessible to members of

the cohort; and

ii) Supportive services (e.g., child care, counseling, tutoring)

that have been identified as necessary will be offered to

enable candidates to progress through the program and

attain certification;

D) The proposal establishes a timetable and performance level for

candidates as a condition for their continued receipt of assistance

under this program;

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E) The plan to evaluate the program by members of the consortium is

designed to yield information that can be used both in judging the

program's qualitative and quantitative impact and in identifying

changes or new approaches that will improve the program's

outcomes;

F) The proposal describes commitments and dedications of monetary

and in-kind resources of each member of the consortium that will

enable the consortium to sustain the program over time with a

reduction in the need for GYO State funds;

G) The budget clearly describes the proposed use of grant funds as

allowable, reasonable and cost-effective; and

H) The plan for recruiting and screening potential candidates will

ensure that those individuals admitted will have a high likelihood

of successfully completing the program in a reasonable length of

time.

2) Quality of the Plan

A) The proposal describes the role of each entity that is a member of

the consortium, including the resources each entity will devote to

this initiative, the major areas requiring collaboration among the

members, and how decisions will be made with input from the

members and the participants;

B) The proposal includes plans for assisting candidates in tapping

sources of financial aid beyond those made available under this

Part and by the members of the consortium;

C) The proposal demonstrates that the institution of higher education

has the capacity (i.e., faculty and other resources) to serve the

cohort in its approved teacher preparation program. If a two-year

institution is involved in the consortium, the proposal delineates

how coursework, other requirements, and services will be

coordinated between the institutions;

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D) The proposal describes the needs of the participating schools and

demonstrates that the consortium's plan for certification under the

program is relevant to those needs and will have an impact on the

availability of qualified staff;

E) The plan of work for the program includes specific strategies for

overcoming known barriers faced by the participating schools in

retaining qualified teachers and for addressing and overcoming the

barriers faced by the individuals who make up the cohort to be

enrolled in the program; and

F) The proposal describes the consortium's plans for extending

support to candidates for at least their first 2 years of teaching.

This includes such activities and services as mentoring (if the

district does not already offer a teacher mentoring program) and

group meetings of the cohort. If the district offers a teacher

mentoring program, the consortium should work with the existing

district mentoring program to provide mentoring support to the

new teacher.

3) Experience and Qualifications

A) The proposal provides evidence that faculty and relevant staff of

the institution are knowledgeable regarding the needs of hard-to-

staff schools and the specific issues that candidates from non-

traditional backgrounds encounter when attempting to complete

preparation for teaching careers;

B) The proposal demonstrates that the community organization that is

a member of the consortium has a record of success in conducting

projects or initiatives with a specific focus on involving parents

and others in school improvement, either in the participating

schools or schools with similar characteristics, and has the capacity

(including staff and other resources) to recruit candidates for and

support them as they progress through the program; and

C) The individual who is identified as coordinator for the cohort has

experience in education and/or community organizing and in

supporting individuals in the collegiate environment and is

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knowledgeable about group dynamics, support services and

cultural issues relevant to the cohort.

4) Evaluation Plans

A)The proposal relates plans for the evaluation of candidates' teaching

skills to the relevant portions of the institution's educational unit

assessment system (see 23 Ill. Adm. Code 25.140) and demonstrates that

candidates in the program will be expected to meet the standards

applicable to the approved program; andB)The proposal includes a plan

for the evaluation of the program by the members of the consortium that

will provide:

Ai) Information on the progress of candidates within the preparation

program; and

Bii) When applicable, information on this initiative's outcomes in terms

of candidates' placement into hard-to-staff teaching positions or

hard-to-staff schools and their retention in those positions.

c) In awarding grants, GYOIthe Board shall select programs that successfully

address initiative criteria and that reflect a diversity of strategies in terms of

serving urban, suburban, and rural areas, the nature of the participating

institutions of higher education, and the nature of hard-to-staff schools and hard-

to-staff teaching positions on which a program is focused. (Section 20 of the Act)

d) GYOIThe Board shall approve proposals for funding and make final

determinations regarding the amounts to be provided based upon:

1) The total funds appropriated for this initiative;

2) The needs and resources described and the amounts requested in the top-

ranked proposals identified in accordance with the criteria set forth in

subsection (b); and

3) The need to make programs under this Part accessible on a geographic

basis in a manner that will increase the availability of candidates to serve

in hard-to-staff schools and positions in all areas of the State.

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e) In the event that an audit or other evidence establishes that the consortium failed

to perform and/or the expenditure of grant funds was not consistent with the

consortium's proposal and the Grant Agreement, a full or partial reimbursement to

the State, through the Board, shall be required. For example, if an auditor finds

that any amount of funds were not used or were used in a manner inconsistent

with the proposal, Grow Your Own Illinoisthe Board will seek reimbursement for

that amount of funds.

(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.70 Continuation Grant

a) A consortium that has received an implementation grant award or a continuation

grant pursuant to this Part for a cohort of candidates in the prior fiscal year shall

be subject to the requirements of this Section with respect to continued funding

for that cohort in subsequent years.

1) The responsibility and roles of each partner in the consortium shall be set

forth in a written agreement signed by each partner to be submitted with

the application annually. The written agreement shall address at the least

the following:

A) The process and responsibilities of each partner for the

recruitment, selection and assessment of candidates;

B) The establishment of support systems and the specific roles of each

partner in providing those supports. This may include, but shall not

be limited to, tutoring, peer mentoring, professional development

workshops, etc.; and

C) The process to develop an evaluation plan to measure the progress

and success of individual candidates, as well as an evaluation of

the partnership, and the role of each partner in making

improvements based on the results of the evaluations.

2) In addition to the application requirements of Section 1085.40, the

application for a continuation grant must include the following:

A) An end-of-year report from the project director on the following:

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i) Current status of the program and the status of each cohort

member;

ii) The activities and support provided to date, including

monetary and in-kind; and

iii) The degree to which candidates are achieving the program's

objectives.

B) An updated proposal including:

i) Objectives, activities, timelines and evaluation procedures

for the renewal year, showing that it continues to meet all

of the requirements set forth in Section 1085.60;

ii) Results/outcomes that have been achieved to date; and

iii) The relationship of results to any changes proposed for

program operations from the previous year.

C) An updated budget including:

i) Budget summary;

ii) Payment schedule; and

ii) Narrative budget breakdown that describes any needed

variances from the budget proposed in the prior year of

funding.

b) When the consortium membership has changed or there is a plan in place to

replace one or more of the partners, the consortium must contact GYOIthe Board

prior to submitting an application for a continuation grant. The consortium must

submit written notification of the membership change. GYOIThe Board will

prescribe the form or format when releasing the Request for Proposals (RFP).

GYOI willThe Executive Director of the Board shall review the notifications

consistent with the following:

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1) If the 4-year institution of higher education with an Illinois accredited

teacher education program is replaced or the school district or group of

schools is replaced, the consortium is not eligible for a continuation grant.

The newly formed consortium may be eligible for a planning or

implementation grant and may be eligible for continuation grants in the

years following the receipt of a planning or implementation grant.

2) If the partners want to add a school district or group of schools to the

consortium, GYOIthe Executive Director shall consider whether this

change is viable and what impact this will have on the candidates. If the

reorganizationre-organization appears viable and there is no apparent risk

that this change will interfere with the progression of candidates through

the program, GYOIthe Executive Director shall recognize the

reorganizedre-organized consortium. The reorganizedre-organized

consortium may be eligible for a continuation grant.

3) A consortium may replace or add community organizations as it deems

appropriate. If there is no apparent risk that the reorganizationre-

organization will interfere with the progression of candidates through the

program or harm the consortium, GYOIthe Executive Director shall deem

that the reorganizedre-organized consortium is eligible for a continuation

grant.

c) A consortium that has received an implementation grant award or a continuation

grant pursuant to this Part for a cohort of candidates in the prior fiscal year shall

be subject to the requirements of this Section with respect to continued funding

for that cohort in subsequent years.

1) The responsibility and roles of each partner in the consortium shall be set

forth in a written agreement signed by each partner to be submitted with

the application annually. The written agreement shall address at the least

the following:

A) The process and responsibilities of each partner for the

recruitment, selection and assessment of candidates;

B) The establishment of support systems and the specific roles of each

partner in providing those supports. This may include, but shall not

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be limited to, tutoring, peer mentoring, professional development

workshops, etc.; and

C) The process to develop an evaluation plan to measure the progress

and success of individual candidates, as well as an evaluation of

the partnership, and the role of each partner in making

improvements based on the results of the evaluations.

2) In addition to the application requirements of Section 1085.40, the

application for a continuation grant must include the following:

A) An end-of-year report from the project director on the following:

i) Current status of the program and the status of each cohort

member;

ii) The activities and support provided to date, including

monetary and in-kind; and

iii) The degree to which candidates are achieving the program's

objectives.

B) An updated proposal including:

i) Objectives, activities, timelines, and evaluation procedures

for the renewal year, showing that it continues to meet all

of the requirements set forth in Section 1085.60;

ii) Results/outcomes that have been achieved to date; and

iii) The relationship of results to any changes proposed for

program operations from the previous year.

C) An updated budget including:

i) Budget summary;

ii) Payment schedule; and

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ii) Narrative budget breakdown that describes any needed

variances from the budget proposed in the prior year of

funding.

d) GYOIThe Board shall, contingent upon appropriation or allocation of funds for

this initiative, provide continuation funding to consortia that:

1) Demonstrate that a majority of the candidates in the cohort served have

completed coursework required under the teacher preparation program

during at least one semester of the preceding year, as described in Section

1085.50(b);

2) Demonstrate success in providing the supports necessary to retain

candidates in the program; and

3) Demonstrate that their programs continue to comply with the provisions of

the Act and this Part.

e) If, for any reason, the amount of funds available for release is not sufficient to

distribute the continuation grants in a given fiscal year, GYOIthe Board shall

distribute prorated shares to grantees.

f) In the event that an audit or other evidence establishes that the consortium failed

to perform and/or the expenditure of grant funds was not consistent with the

consortium's proposal and the Grant Agreement, a full or partial reimbursement to

the State, through the Board, shall be required. For example, if an auditor finds

that any amount of funds were not used or were used in a manner inconsistent

with the proposal, GYOIthe Board will seek reimbursement for that amount of

funds.

(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.80 Candidates

a) Candidate Eligibility. The candidate shall:

1) MeetMeets the definition of a candidate in Section 1085.20;

2) MeetMeets the selection criteria determined by the consortium; and

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3) Be eligibleEligible for student financial aid and takes advantage of

existing financial aid resources before using funds from the Forgivable

Loan Program described in Section 1085.90. (Section 20(8)(L) of the Act)

b) Performance Plan for Each Candidate. Grow Your Own IllinoisThe Board shall

provide a level of performance to be maintained by candidates as a condition of

continuing in the program. (Section 20(8)(K) of the Act) Measures to be

implemented to ensure that each candidate makes adequate progress to complete

the coursework required under the teacher preparation program shall include at

least the following:

1) Any developmental classes that are prerequisites to a candidate being fully

admitted into an Illinois education preparation program are to be

completed within the first 4 semesters of a candidate's participation in the

program;

2) The candidate successfully completes a minimum of 15 hours of

coursework required under the teacher preparation program each academic

year; and

3) Any candidate not completing coursework required under the teacher

preparation programs for 2 consecutive semesters due to extenuating

circumstances, including, but not limited to, military leave, health, etc.,

shall apply for a temporary leave from the GYO program. This application

must be approved by the consortium partners. If the application is not

approved or none is submitted, the candidate shall be deemed exiting the

program without cause and subject to loan repayment.

c) Information on Each Candidate. GYOIThe Board shall identify the information

that each consortium will be required to collect and update, including, but not

limited to, the following:

1) Data by candidate, to be reported or updated at least once per academic

year:

A) Name, address and demographics;

B) Eligibility criteria;

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C) Date of enrollment, anticipated date of graduation, anticipated date

of program completion, date of completion or exit;

D) If candidate exits before completion, provide explanation;

E) Developmental courses and tutoring;

F) Basic skills, teacher licensure and other test scores;

G) Grade point average (GPA) for all courses and for courses that

compose the degree requirements of a teacher preparation

program;

H) Annual amount of program loans, cumulative amount of program

loans, and each year of teaching service; and

I) Information on the position taken by the graduate.

2) Data by cohort, to be reported or updated each academic year:

A) Pass rates on basic skills test, content test, Assessment Professional

Test, and/or other tests identified by GYOIthe Board;

B) Number who intentionally exit voluntarily or do not register for

two consecutive semesters;

C) Percentage who progress at the expected rate through the program;

and

D) Percentage of candidates within the original cohort that start and

complete the program.

(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.90 Forgivable Loan Program

Every program under the initiative shall implement a program of forgivable loans to cover any

portion of tuition, books, and fees of candidates under the program in excess of the candidates'

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grants-in-aid. All students admitted to a cohort shall be eligible for a forgivable student loan.

Loans shall be fully forgiven if a graduate completes 5 years of service in hard-to-staff schools

or hard-to-staff teaching positions, with partial forgiveness for shorter periods of service. Grow

Your Own IllinoisThe Board shall establish standards for the approval of requests for waivers or

deferrals from individuals to waive this obligation. GYOIThe Board shall also define standards

for the fiscal management of these loan funds. (Section 25(a) of the Act) Any candidate in a

program administered under this Part may receive a forgivable loan for tuition, books and fees

associated with completion of the teacher preparation program, provided those expenditures are

not otherwise paid for through grants-in-aid or other resources of the consortium. Any amount

expended for an individual's tuition, books and fees shall be considered a part of that individual's

loan, regardless of how the payment is administered and regardless of whether the individual

receives any actual payment of funds. The cumulative total amount of any candidate's loan shall

not exceed $25,000.

a) Pursuant to Section 25(a) of the Act, loan funds provided to candidates as part of

this program shall be fully forgiven if a graduate completes 5 years of service in

hard-to-staff schools or hard-to-staff teaching positions, with partial forgiveness

for shorter periods of service. Forgiveness and repayment of loans shall be

determined as provided in this Section.

b) An individual may accrue the service required for forgiveness of loans under this

Part in one or more eligible schools or positions.

c) If an individual has not assumed employment in an eligible school or position

within 2 years after receiving a teaching license/certificate, the individual shall be

required to begin the repayment of amounts loaned under this Part. No interest

shall apply.

d) An individual who drops out of the program shall be required to begin repaying

the amounts loaned in the month following the month when it becomes evident

that he or she will not be completing coursework required under the teacher

preparation program for 2 consecutive semesters.

e) If a graduate has not completed 5 years of service within 10 years after receiving

a teaching license/certificate, the individual shall be required to begin the

repayment of amounts loaned under this Part. The amount due shall be the total

amount borrowed, less a percentage reflecting the relationship that any time

taught by the individual in eligible schools or positions bears to the total 5 year

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commitment. Loan amounts shall be reduced in increments of 10% for each

semester completed.

f) Repayment of loans shall be made in no more than 60 equal installments. The

minimum monthly payment will be determined by dividing the total amount due

by 60. An individual may prepay the balance due on the loan in its entirety at any

time or make payments in addition to the minimum amount owed each month

without penalty.

g) In addition to the loan forgiveness permitted under Section 25 of the Act,

GYOIthe Board may defer or waive an individual's obligation to repay an amount

due as provided in this subsection (g).

1) GYOIThe Board shall waive the repayment obligation for an individual

who is counseled out of a preparation program or found ineligible to

continue, provided that the individual's exit from the program is not due to

a violation of law or of applicable institutional policies.

2) GYOIThe Board shall waive the repayment obligation for an individual

who drops out of a preparation program or demonstrates that he or she is

unable to complete a portion of the required teaching service due to:

A) The onset or exacerbation of a disability;

B) The need to care for an immediate family member during serious

illness or disability;

C) Destruction of the individual's residence; or

D) Other circumstances that require the individual to assume

responsibilities that cannot be avoided without serious financial

hardship or other family disruption (e.g., death of a spouse that

results in the need to take a second job or assume operation of a

business).

3) GYOIThe Board shall waive the repayment obligation for a candidate who

does not complete a preparation program due to the unavailability of a

State appropriation for this initiative for at least 2 consecutive years.

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4) GYOIThe Board shall waive the repayment obligation for any candidate in

good standing who cannot complete the preparation program due to the

consortium's ineligibility for funds under Section 1085.70.

5) GYOIThe Board shall defer the repayment obligation for a period of time

specifically related to the circumstances when an individual:

A) Is unemployed or is working for fewer than 30 hours per week;

B) Is experiencing a financial hardship (e.g., receiving public

assistance, earning an amount per month that is no greater than

200% of the amount of the loan payment, or experiencing

circumstances such as those outlined in subsection (g)(2) of this

Section);

C) Has re-enrolled as a full-time student in an institution of higher

education (for example, to pursue a master's degree) or in a

program under this Part (for example, to obtain program training

by attending a teacher education program for a specialized area,

such as math or science); or

D) Is deployed for active duty as a member of the U.S. Armed

Services, reserve forces of the United States or as a member of the

Illinois National Guard.

6) Each request for a waiver or deferral of repayment shall be submitted in a

format specified by GYOIthe Board. The affected individual shall

describe the specific circumstances that apply. This description shall be

accompanied by evidence such as a physician's statement, insurance claim

or other documentation of the relevant facts.

h) When a teaching license/certificate is issued to an individual who received

assistance under this Part, the license/certificate shall be accompanied by:

1) A statement indicating the total amount of the loan received by the

individual and identifying the dates applicable to repayment under this

Section; and

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2) A claim form that the individual may use to claim forgiveness of the loan

amount, which shall require the individual to identify the periods of

service completed in eligible schools or positions and the school

administrators who can verify the individual's service.

i) Management of Loans

1) It shall be the responsibility of each 4 year institution of higher education,

and of any 2 year institution that participates in a consortium, to assist

GYOIthe Board with the forgivable loan process in the following manner:

A) By keeping records of the amounts provided to or on behalf of

each individual for tuition, fees and books;

B) By keeping up-to-date contact information regarding the address

and telephone number of each individual during the individual's

preparation at that institution; and

C) By notifying GYOIthe Board within 30 days after a candidate fails

to enroll in coursework as expected or otherwise ceases to

participate in the program and informing GYOIthe Board of the

total amount of the candidate's loan for direct expenses as of that

point in time.

2) When a candidate leaves a 2 year institution and enters a 4 year institution

to continue in a program under this Part, the 2 year institution shall inform

both GYOIthe Board and the 4 year institution of the total amount of the

candidate's loan for direct expenses as of that point in time. Each 2 year

institution shall ensure that the affected 4 year institution continues to

receive any information that subsequently affects the amount of a

candidate's loan.

3) Each institution shall notify GYOIthe Board as to who will be responsible

for this information and shall provide contact information for the

responsible individual within the institution.

j) It shall be the responsibility of GYOIthe Board to take such actions as may be

necessary to secure repayment when necessary.

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(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.100 Grant Agreement Between Grow Your Own Illinois and Consortium

a) Grant funds may not be expended except pursuant to a written Grant

Agreementgrant agreement, and disbursement of grant funds without a Grant

Agreement grant agreement is prohibited. At a minimum, a Grant Agreement

grant agreement shall:

1) Describe the purpose of the grant and be signed by authorized

representatives of Grow Your Own Illinoisthe Board and each member of

the consortium;

2) Name and contact information of the project director;

3) Specify how payments shall be made and the financial controls applicable

to the grant, including an agreement to file quarterly reports describing the

progress of the activities and the expenditure of the related grant funds

pursuant to the Illinois Grant Funds Recovery Act [30 ILCS 705];

4) Specify that the use of grant funds will be consistent with Section 1085.50

for a planning grant, Section 1085.60 for an implementation grant, or

Section 1085.70 for a continuation grant;

5) Specify the period of time for which the grant is valid and the period of

time during which grant funds may be expended by the grantee;

6) Contain a provision that all funds remaining at the end of the Grant

Agreementgrant agreement, or at the expiration of the period of time grant

funds are available for expenditure or obligation by the grantee, shall be

returned to the State within 45 days;

7) Contain a provision that any grantees receiving grant funds are required to

permit GYOI, the Board, the Auditor General or the Attorney General to

inspect and audit any books, records or papers related to the projects for

which grant funds were provided;

8) Contain a provision in which the grantee certifies under oath that all

information in the Grant Agreement grant agreement is true and correct to

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the best of the grantee's knowledge, information and belief, that the funds

shall be used only for the purposes described in the Grant Agreementgrant

agreement, and that the award of grant funds is conditioned upon that

certification;

9) Provide that the institution shall contract with an external auditor who is a

certified public accountant licensed by DFPR to conduct an audit of the

expenditure of grant funds provided under this program at the end of the

grant period to verify that grant funds were expended pursuant to the

Grant Agreementgrant agreement and not for unauthorized purposes; and

10) Require the grantee to use the interest earned on any grant funds for

eligible projects. The interest earned on grant funds shall not change the

amount of the grant.

b) GYOIThe Board may withhold or suspend the distribution of grant funds for

failure to file required quarterly reports.

c) Upon the execution of a Grant Agreementgrant agreement, GYOIthe Board will

process a paymentvoucher to the grantee in accordance with the terms of the

Grant Agreementgrant agreement, provided that the funds have been appropriated

and have been made available to GYOIthe Board.

(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.110 Audit Requirements for Grants Awarded by Grow Your Own

IllinoisGuidelines

a) To fulfill the audit requirements of this Part, the grantees shall contract with an

external auditor who is a certified public accountant licensed by DFPR to perform

an audit as specified in subsection (b).

b) The external auditor shall:

1) Receive a copycopies of the institution's application for a grant, the

executed Grant Agreement,a certified grant agreement and a copy of this

Part;

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2) Verify the expenditure of funds as provided for in this Part, and ensure

that funds were expended on authorized expenditures listed in the Grant

Agreementgrant agreement; and

3) Provide an audit report to GYOIthe Board including a description of the

tests performed and the audit findings.

c) In the event that an audit or other evidence establishes that an overpayment was

made in a grant to a granteean institution, a reimbursement to GYOIthe Board

shall be required. A reimbursement is required in the following situations:

1) Grant funds were not expended within the grant period; or

2) Grant funds were expended for purposes not authorized under the Grant

Agreementgrant agreement.

d) In the event that no audit isaudits are submitted, a granteean institution shall

reimburse GYOIthe State for the total amount of the grant.

(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.115 Grant Agreement and Audit Requirements for Allocation to Grow Your

Own Illinois

The Board of Higher Education shall, subject to appropriation, allocate funds to Grow Your

Own Illinois for the purposes of administering the program and awarding grants, as needed, to

qualified consortia that reflect the distribution and diversity of hard-to-staff schools and hard-to-

staff positions across this State (Section 20 of the Act).

a) Board staff will verify that GYOI is registered with the Illinois Secretary of State

as a not-for-profit corporation and is in good standing, has completed a

prequalification process, and has been determined "qualified" by GATU (see

GATA Rule Section 7000.70).

b) Board staff will make a recommendation to the Board for approval of a Grant

Agreement with GYOI.

c) The Board will enter into an agreement with GYOI under this Part using the

Uniform Grant Agreement provided by GATU (see GATA Rule Section

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7000.370). Project objectives and performance goals will be included in the

Uniform Grant Agreement to measure GYOI's performance.

d) GYOI shall not deviate from the budget, project scope, or objectives stated in the

Grant Agreement without the concurrence of the Board. (See GATA Rule

Section 7000.370(b).) The Board will review a request and notify GYOI, within

30 calendar days after receipt of the request, of whether the Board concurs with

the request. The GYOI shall request prior approval by the Board to:

1) Changing the scope or the objective of the project (even if there is no

associated budget revision).

2) Changing the key person named by GYOI in the Grant Agreement.

3) Transfering funds among budget categories if the cumulative amount of

these transfers exceeds 10% of the detail line or $1,000, whichever is

greater. Transfer requests will be accepted up until the last 2 weeks of the

period of performance.

e) GYOI shall file Periodic Performance Reports with the Board on progress made

and financial data for the reporting period. The initial report shall cover the first 3

months after the Board approves the award. Reports are to be filed using the

forms provided by the Board and submitted no later than 30 days after the end of

each quarter. (See GATA Rule Section 7000.410.)

f) GYOI shall take the following actions to complete grant closeout at the end of the

period of performance. (See GATA Rule Section 7000.440.)

1) Promptly refund any balances of unobligated cash that the Board paid in

advance and that are not authorized to be retained by GYOI for use in

other projects. Refunds shall be returned to the Board within 45 days after

the end of the period of performance.

2) Expend any encumbered grant funds during a lapse period of 60 days past

the end of the period of performance. Any encumbered but unexpended

grant funds remaining at the end of the lapse period shall be returned to

the Board within 45 days.

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3) Submit, no later than 60 days after the end date of the grant period, the

following reports:

A) A statement of costs and revenues signed by GYOI's authorized

representative.

B) A written evaluation of the project signed by GYOI's authorized

representative. The report must address the objectives and

performance measures specified in the Grant Agreement.

Performance shall be measured in a way that will help the Board

and other applicants and recipients improve program outcomes,

share lessons learned, spread the adoption of promising practices,

and build the evidence upon which the program is based and

performance decisions are made.

C) Deadlines may be extended at the discretion of the Board.

Extensions shall be issued only in extraordinary circumstances not

in the control of GYOI.

g) GYOI is subject to the Auditing Standards stipulated by GATU (see GATA Rule

Section 7000.90).

(Source: Added at 44 Ill. Reg. 11419, effective June 24, 2020)

Section 1085.120 Grant Funds Recovery Act (Repealed)

Grant funds are subject to the Illinois Grant Funds Recovery Act and all other applicable laws

governing contracts and agreements in the State of Illinois. Pursuant to the Illinois Grant Funds

Recovery Act, grants may be revoked and misspent grant funds recovered.

(Source: Repealed at 44 Ill. Reg. 11419, effective June 24, 2020)

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ILLINOIS REGISTER 11456

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Nurse Educator Fellowship Program

2) Code Citation: 23 Ill. Adm. Code 1105

3) Section Numbers: Adopted Actions:

1105.200 Amendment

1105.300 Amendment

1105.400 Amendment

1105.500 Amendment

1105.600 Amendment

1105.700 Amendment

1105.800 New Section

4) Statutory Authority: Implementing and authorized by Section 9.32 of the Board of

Higher Education Act [110 ILCS 205/9.32].

5) Effective Date of Rules: June 24, 2020

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

7) Does this rulemaking contain incorporations by reference? The rulemaking does not

include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative

Procedure Act.

8) A copy of the adopted rules is on file in the Board of Higher Education's office and is

available for public inspection.

9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 5562, April 3, 2020

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

11) Differences between Proposal and Final Version: Private, for-profit institutions will

continue to be eligible for this program.

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

agreements issued by JCAR? Yes

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

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ILLINOIS REGISTER 11457

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

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

15) Summary and Purpose of Rulemaking: The adopted amendments incorporate the

requirements of the Grants Accountability and Transparency Act (GATA). This includes

adding new terminology and referencing the GATA rules for uniform grant application,

risk assessment using prior performance, recipient qualification, uniform grant

agreement, audit standards, and post-award requirements. In addition, the amendments

help to address questions raised by nursing schools about the requirements to nominate a

faculty member, the factors used by Board staff to recommend Fellows, and the

responsibilities of the institution and Fellow. The Board staff have consulted with the

Illinois Nursing Workforce Center regarding these amendments and the Center concurs

with the proposed actions. These adopted amendments do not change this successful

program.

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

Karen Helland, Administrative Rules Coordinator

Illinois Board of Higher Education

1 N. Old State Capitol Plaza, Suite 333

Springfield IL 62701-1377

217/557-7358

fax: 217/782-8548

[email protected]

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

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ILLINOIS REGISTER 11458

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER II: BOARD OF HIGHER EDUCATION

PART 1105

NURSE EDUCATOR FELLOWSHIP PROGRAM

Section

1105.100 Purpose of the Nurse Educator Fellowship Program

1105.200 Definitions

1105.300 Fellow Eligibility

1105.400 Nomination Process

1105.500 Approval Process

1105.600 Awards

1105.700 Fellow Responsibilities

1105.800 Post-Award Requirements

AUTHORITY: Implementing and authorized by Section 9.32 of the Board of Higher Education

Act [110 ILCS 205].

SOURCE: Emergency rules adopted at 30 Ill. Reg. 14363, effective August 16, 2006, for a

maximum of 150 days; adopted at 30 Ill. Reg. 19523, effective December 5, 2006; amended at

44 Ill. Reg. 11456, effective June 24, 2020.

Section 1105.200 Definitions

"Act" means the Board of Higher Education Act [110 ILCS 205].

"Board" means the Board of Higher Education.

"Institution of Higher Learning" means a public or nonpublic institution of higher

education located within Illinois that offers associate, baccalaureate or post-

baccalaureate degrees and that is authorized to operate in the State.

"Eligible Institution" means an institution of higher learning in Illinois with a pre-

licensure registered professional nursing program approved by the Illinois

Department of Financial and Professional Regulation and accredited by the

Commission on Collegiate Nursing Education (CCNE) or the Accreditation

Commission for Education in Nursing, Inc. (ACEN)National League for Nursing

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ILLINOIS REGISTER 11459

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

Accrediting Commission (NLNAC).

"Fellow" means an individual who receives Fellowship assistance under this

Program.

"Fellowship" means the competitive award that supplements nursing faculty

salaries to ensure the retention of well-qualified nursing faculty. [110 ILCS

205/9.32]

"Fiscal Year" means the period of July 1 to June 30 of the following year.

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

GATA rules are cross-referenced in this Part.

"GATA Rule" means 44 Ill. Adm. Code 7000.

"GATU" means the Grant Accountability and Transparency Unit within the

Illinois Governor's Office of Management and Budget.

"Illinois Nursing Workforce Center" means the center established within the

Illinois Department of Financial and Professional Regulation to address issues of

supply and demand in the nursing profession, including issues of recruitment,

retention, and utilization of nurse manpower resources. [225 ILCS 65/75-10]

"Illinois Resident" means an individual who resides in the State of Illinois and is

considered to be a resident by the Illinois Department of Revenue or Illinois

Secretary of State.

"Indirect Facilities and Administrative Costs" means those costs incurred for a

common or joint purpose benefitting more than one cost objective, and not readily

assignable to the cost objectives specifically benefitted without effort

disproportionate to the results achieved.

"Nominating Institution" means an eligible institution that has submitted

Fellowship nomination materials on behalf of a nursing faculty member at its

institution.

"Program" means the Nurse Educator Fellowship Program required by Section

9.32 of the Act and this Part.

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ILLINOIS REGISTER 11460

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

"Qualified Applicant" means a nursing faculty member, nominated by an eligible

institution, who meets the requirements of Section 1105.300.

"Recipient Institution" means the eligible institution that receives a Fellowship

directly from the Board on behalf of the Fellow.

(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)

Section 1105.300 Fellow Eligibility

A qualified applicant must:

a) be an Illinois resident;

b) have a minimum of a master's degree in nursing;

c) be employed in a full-time nursing faculty position at an eligible institution;

d) have been employed by the nominating institution in a teaching position preparing

registered professional nurses for a minimum of 12 months prior to submission of

nomination materials;

e) have made significant contributions to the nursing program; and

f) have not received a Fellowship under this Program within the past 5 years.

(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)

Section 1105.400 Nomination Process

a) Eligible institutions will be notified by the Board when funding opportunities and

nomination materials for the Nurse Educator Fellowship Program are available.

b) Nomination materials may be obtained from the Illinois Board of Higher

Education, 1 N. Old State Capitol Plaza, Suite 333431 East Adams Street, Second

Floor, Springfield, Illinois 62701-1404 or the Board's website at www.ibhe.org.

c) Nominations from eligible institutions are limited to no more than 3 full-time

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ILLINOIS REGISTER 11461

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

nursing faculty members per campus annually.

d) The chief nursing administrator at an eligible institution shall identify and

nominate qualified applicants for the Fellowship by completing the nomination

form included in the nomination materials.

e) The nominee must complete the personal statement section of the nomination

materials, indicating: his or her

1) intent to remain employed as a nursing faculty member with the

nominating institution;in the State and

2) thehis or her anticipated use of Fellowship funds.

f) The nomination materials must include the Uniform Grant Application provided

by GATU (see GATA Rule Section 7000.330) and be signed by the authorized

representativechief executive officer of the nominating institution.

g) Completed nomination materials in accordance with subsections (d), (e) and (f) of

this Section must be submitted to the Board by the announced deadline, which

shall not be less than 45 days afterfrom the announcement and release of

nomination materials.

(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)

Section 1105.500 Approval Process

a) The Board shall accept nominations for Fellowships in accordance with Section

1105.400.

b) Board staff shall review nominations to ensure the eligibility requirements are met

in accordance with Section 1105.300.

c) Board staff shall make recommendations to the Board for approval of Fellowships

based upon factors that shall include, but are not limited to, the following:

1) Strength of the nomination by the chief nursing administrator and the

nominee's personalPersonal statement regarding proposed use of funds

and employment plans;

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ILLINOIS REGISTER 11462

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

2) Major accomplishments of the nominee, such as research, program

improvements, and other nursing program contributions;

3) Statewide geographic distribution of Fellowship recipients; and

4) Distribution of Fellowship recipients among the degree levels and sectors

of eligible institutions that nominate qualified applicants for the program;

and

5) Tenure status (preference will be given to tenured/tenure-track faculty).

d) For a nominating institution that is a prior fiscal agent of an award under this Part,

the Board staff shall review available information on the institution's prior

performance and consider that information when assessing institution risk. This is

part of the grantee risk assessment required by GATU (see GATA Rule Section

7000.340).

e) Upon Board approval, Fellowships can be made to the nominating institution, on

behalf of the Fellow.

(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)

Section 1105.600 Awards

a) The amount of the Fellowship shall be no greater than $10,000.

b) The number of Fellowships awarded in a given fiscal year is contingent upon

available funding.

c) If, for any reason, the appropriation to the Board is insufficient to fund

Fellowships for all selected Fellows in accordance with subsection (a) of this

Section, all Fellowships shall be reduced pro rata as necessary.

d) The purpose of the Fellowship is to enhance retention of well-qualified faculty by

providing a salary supplement. At the discretion of the Fellow, funds may be used

for, but are not limited to, professional development, conference expenses,

continued education, professional dues, and other activities as defined in Section

1105.700.

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ILLINOIS REGISTER 11463

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

e) The Fellow and the nominating institution shall be notified of the award in writing

upon approval by the Board.

f) Fellowship funds may not be expended except pursuant to a Grant Agreement.

Disbursement of funds without a Grant Agreement is prohibited.

g) Board staff shall verify that the recipient institution is registered with GATA, has

completed a prequalification process, and has been determined qualified by

GATU (see GATA Rule Section 7000.70).

h) The Board shall enter into a Grant Agreement with a qualified recipient institution

using the Uniform Grant Agreement provided by GATU (see GATA Rule Section

7000.370).

i) Upon Board approval and verification of employment by the recipient institution,

funds willshall be disbursed to the recipientnominating institution on behalf of the

Fellow.

jg) The recipient institution shall:

1) Serve as fiscal agent for the Board and receive the Fellowship funds on

behalf of the Fellow;

2) Usemust use the Fellowship funds to supplement the salary of the Fellow.

The Fundsand shall not supplant other revenue sources that support faculty

salaries;.

3) Pay the Fellow in either a lump sum or installment plan in accordance

with institutional payroll policies and procedures; and

4) Not deduct indirect facilities or administrative costs from the Fellowship

award.

h) Fellowship funds are payable to the Fellow in either a lump sum or installment

plan in accordance with institutional payroll policies and procedures.

ki) If the Fellow terminates employment with the recipient institution within 6

months after award notification from the Board:

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ILLINOIS REGISTER 11464

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

1) The Fellow shall repay the funds awarded to date. These funds shall be

remitted to the BoardState for deposit in the General Revenue Fund.

2) Fellows are not entitled to funds not yet paid by the institution. The

recipient institution must remit any unused portion of the Fellowship to

the BoardState for deposit in the General Revenue Fund.

j) Any interest earned on Fellowship funds by the institution may be retained by the

institution when the cost of accounting for the interest or allocating interest to

principal is deemed significant in terms of the amount of interest to be received.

(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)

Section 1105.700 Fellow Responsibilities

a) As a condition for acceptance of the Fellowship, the Fellow shall agree in the

application form to participatebe actively involved in statewide nursing advocacy,

including participation as needed in the following activities:

1) Collaboration with the Board and Illinois Nursing Workforce Center for

Nursing regarding statewide nursing issues, as needed and with approval

from the recipient institution's chief nursing administrator;

2) The Fellowship recognition ceremony hosted by the Illinois Nursing

Workforce Center and Board; andReview of Fellowship nomination

materials in subsequent years to assist the Board in Fellowship

determination; and

3) Participation in Fellowship meetings or associated conferences sponsored

by the Board or Illinois Nursing Workforce Center when attendance is

approved by the recipient institution's chief nursing administratorfor

Nursing.

b) If the Fellow terminates employment with the recipient institution within 6

months after award notification from the Board, the Fellow shall repay the funds

awarded to date. The Fellow or recipient institution shall contact the Board

regarding the appropriate manner to remit the funds for deposit in the General

Revenue Fund.

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ILLINOIS REGISTER 11465

20

BOARD OF HIGHER EDUCATION

NOTICE OF ADOPTED AMENDMENTS

c) Provide a final report to the nominating institution describing Fellowship

experiences, including the use of funds. The Fellownominating institution shall

submit the report to the nominating institution, the Illinois Nursing Workforce

Center, and the Board on behalf of the Fellow.

(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)

Section 1105.800 Post-Award Requirements

a) Recipient institutions are subject to the Auditing Standards required by GATU

(see GATA Rule Section 7000.90).

b) Except as otherwise provided in this subsection (b), the recipient institution shall

submit a financial report to the Board within 30 calendar days following the

payment of the Fellowship to the Fellow. The report shall include the Fellow's

name, recipient institution's name, date of payment, and amount of Fellowship

award after payroll deductions. When the Fellowship award is split into more

than one payment, a report must be submitted within 30 calendar days after each

payment.

c) The recipient institution shall take the following actions to complete grant

closeout at the end of the fiscal year. (See GATA Rule Section 7000.440.)

1) Promptly refund any balances of unobligated cash that the Board paid in

advance. Refunds shall be returned to the Board within 45 days after the

end of the fiscal year.

2) Expend any encumbered grant funds during a lapse period of 60 days past

the end of the fiscal year. Any encumbered but unexpended grant funds

remaining at the end of the lapse period shall be returned to the Board

within 45 days.

(Source: Added at 44 Ill. Reg. 11456, effective June 24, 2020)

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ILLINOIS REGISTER 11466

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: General Hunting and Trapping on Department-Owned or -Managed

Sites

2) Code Citation: 17 Ill. Adm. Code 510

3) Section Number: Adopted Action:

510.10 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.2, 1.3, 1.4, 1.13, 1.20,

2.1, 2.2, 2.6, 2.7, 2.9, 2.13, 2.18, 2.20, 2.24, 2.25, 2.26, 2.27, 2.28, 2.30, 2.33 and 3.5 of

the Wildlife Code [520 ILCS 5] and by Section 805-515 of the Civil Administrative Code

of Illinois [20 ILCS 805].

5) Effective Date of Rule: June 29, 2020

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rule, including all material incorporated by reference, is on file in

the Department of Natural Resources' principal office and is available for public

inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5572, April 3, 2020

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

11) Differences between Proposal and Final Version: None

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

agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to add language to

describe an electronic check-in system that will be piloted on State-owned sites that

already require hunters to sign-in/sign-out during each visit.

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ILLINOIS REGISTER 11467

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

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

John Heidinger, Legal Counsel

Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

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

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ILLINOIS REGISTER 11468

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

TITLE 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 510

GENERAL HUNTING AND TRAPPING ON

DEPARTMENT-OWNED OR -MANAGED SITES

Section

510.10 General Site Regulations

510.20 Hunting and Trapping by Special Permit

AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 1.4, 1.13, 1.20, 2.1, 2.2, 2.6,

2.7, 2.9, 2.13, 2.18, 2.20, 2.24, 2.25, 2.26, 2.27, 2.28, 2.30, 2.33 and 3.5 of the Wildlife Code

[520 ILCS 5] and by Section 805-515 of the Civil Administrative Code of Illinois [20 ILCS

805].

SOURCE: Adopted at 5 Ill. Reg. 8011, effective July 24, 1981; codified at 5 Ill. Reg. 10633;

amended at 6 Ill. Reg. 9637, effective July 21, 1982; amended at 7 Ill. Reg. 10775, effective

August 24, 1983; amended at 8 Ill. Reg. 13700, effective July 24, 1984; amended at 9 Ill. Reg.

11610, effective July 16, 1985; amended at 10 Ill. Reg. 15597, effective September 16, 1986;

amended at 11 Ill. Reg. 9535, effective May 5, 1987; amended at 12 Ill. Reg. 11724, effective

June 30, 1988; amended at 13 Ill. Reg. 10583, effective June 19, 1989; amended at 14 Ill. Reg.

14762, effective September 4, 1990; amended at 15 Ill. Reg. 9966, effective June 24, 1991;

amended at 16 Ill. Reg. 11064, effective June 30, 1992; amended at 17 Ill. Reg. 10775, effective

July 1, 1993; amended at 19 Ill. Reg. 10608, effective July 1, 1995; recodified by changing the

agency name from Department of Conservation to Department of Natural Resources at 20 Ill.

Reg. 9389; amended at 22 Ill. Reg. 14804, effective August 3, 1998; amended at 24 Ill. Reg.

8923, effective June 19, 2000; emergency amendment at 28 Ill. Reg. 13809, effective October 1,

2004, for a maximum of 150 days; amended at 29 Ill. Reg. 1364, effective January 10, 2005;

amended at 30 Ill. Reg. 12126, effective June 28, 2006; amended at 37 Ill. Reg. 3068, effective

March 4, 2013; amended at 38 Ill. Reg. 22714, effective November 18, 2014; amended at 39 Ill.

Reg. 10897, effective July 27, 2015; amended at 41 Ill. Reg. 8468, effective June 28, 2017;

amended at 42 Ill. Reg. 13049, effective June 22, 2018; amended at 44 Ill. Reg. 11466, effective

June 29, 2020.

Section 510.10 General Site Regulations

a) Regulations

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ILLINOIS REGISTER 11469

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) All the regulations cited in this Part apply to all Department species rules,

unless the species rule is more restrictive.

2) The legal possession of a concealed firearm by a validly licensed

concealed carry licensee (see 430 ILCS 66) is allowed within designated

areas as defined in subsection (b)(2), subject to Section 2.33 of the

Wildlife Code on illegal devices and State refuges, the prohibitions set

forth in Section 65 of the Firearm Concealed Carry Act and any applicable

federal regulations. Violation is a Class B misdemeanor (see 520 ILCS

5/2.33), except that violation of Section 2.33(g), (i), (o), (p), (y) and (cc)

are Class A misdemeanors with a minimum $500 fine and a maximum

$5,000 fine, in addition to other statutory penalties. Nothing in this Part

shall be construed to criminalize the legal possession of a concealed

firearm by a validly licensed concealed carry licensee (see 430 ILCS 66).

b) Definitions

1) Unauthorized person – any individual who is not a Department employee,

an individual who is not present for the purpose of hunting or trapping, or

is an individual who does not fall under the definition of "non-hunting or

non-trapping partner" pursuant to subsections (b)(10) and (d)(8).

2) Designated area – a defined location at a site with a set boundary within

which only a specified recreational activity such as hunting or trapping

may take place during a publicly announced time period.

3) Hunting/Trapping area – any portion of a site where actual hunting and/or

trapping takes place. It does not include places such as parking lots, check

stations, pavilions, or picnic areas associated with a hunting/trapping area.

4) Restricted area – a defined location at a site with a set boundary within

which hunting and/or trapping is prohibited.

5) Refuge area – a defined location at a site with a set boundary within which

no public activity or presence is allowed, except as authorized by the

Department when it is determined that activity such as nature studies,

hiking, fishing or camping would not be detrimental to the purpose of the

refuge.

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ILLINOIS REGISTER 11470

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

6) Adult – a person 18 years of age or older.

7) Waterfowl rest area – a defined location at a site with a set boundary

within which no public activity or presence is allowed for a specified

period of time, except as authorized by the Department.

8) Hunter or trapper quota – The maximum number of hunters or trappers

that can be accommodated at a site at any one time. Hunter and trapper

quotas are determined by the formula of one hunter or trapper per 10-40

huntable acres. The number of huntable acres is determined by, but not

limited to, the biological studies on the number of available animals within

a species, the condition, topography and configuration of the land at the

site, the condition of the roads at the site and the number of employees

available to work at the site.

9) Publicly announced – The information referred to will be included on the

Department's Internet Home Page at www.dnr.illinois.gov, provided to

outdoor writers for newspapers, and placed on the Department's Toll Free

Hotline.

10) Non-hunting or non-trapping partner – a person who accompanies a hunter

or trapper and does not hunt or trap during the trip.

c) It shall be unlawful:

1) For any person to possess any alcoholic beverage or illegal drug or be

under the influence of alcohol, illegal drugs, or intoxicating compounds

while in any hunting/trapping area for the purpose of hunting or trapping.

2) To hunt or trap on any site with a manned check station without first

declaring game killed on a previous hunt and in possession either on the

hunter's person or in his vehicle.

3) To construct or use any tree stand using nails, screws or any device which

pierces or cuts the bark of the tree on which it is installed.

4) To hunt or trap in a restricted area.

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ILLINOIS REGISTER 11471

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

5) For unauthorized persons to use or occupy in any manner designated

hunting areas during the permit dove hunting season and controlled

pheasant hunting season at sites holding such seasons, or during any

hunting season where such restrictions are so posted at the site, when

authorized hunting is in progress.

6) To enter a refuge, restricted area or waterfowl rest area unless authorized

by the Department.

7) To hunt or trap on any Department-owned or -managed land that is not a

designated area pursuant to applicable species rules (17 Ill. Adm. Code

530, 550, 570, 590, 650, 660, 670, 680, 690, 710, 715, 720, 730, and 740).

8) To buy, sell or commercialize hunting or trapping rights, directly or

indirectly, except that this does not apply to Department of Natural

Resources hunting or trapping fees or to the operation of controlled

pheasant hunting on Department lands pursuant to a written concession

agreement.

9) To hunt or trap without a valid permit where permits are required.

10) To hunt with any weapon except shotgun or bow and arrow unless

otherwise specified.

11) To track deer with dogs on any Department owned or managed site during

hours when deer hunting is being conducted on the site.

12) To use or occupy a ground blind during any firearm deer season, unless at

least 400 square inches of solid, vivid blaze orange material is securely

attached to the uppermost portion of the blind and a substantial amount of

orange is visible for 360 degrees.

d) Specific Management Procedures

1) Specific management procedures will be posted at either check stations or

site parking lots at the site so the procedures will be visible to the public.

2) Where there is a check station in operation, or where designated, hunters

must sign in and/or sign out, and report harvest upon completing their hunt

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ILLINOIS REGISTER 11472

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

via physical check stations, registration kiosks, or electronically,their kill

within 15 minutes, or as posted, after completing their hunt. Some areas

require the wearing of a back patch and depositing hunting license (or

Firearm Owner's Identification card if the hunter is exempt from buying a

license).

3) In the event that Department budget reductions or site staffing reductions

make the operation of check stations impractical, State sites that now

require check stations and other restrictive hunter regulations may be

opened to statewide regulations or closed to hunting by posting such

notice at the site.

4) Statewide regulations shall apply at sites where windshield cards are

issued, except that each hunter must obtain a free site windshield card

online from the Department website. This windshield card must be

displayed under the vehicle windshield, face up, and with the windshield

card number visible. Hunters must report their annual harvest online

(even if the hunter did not hunt) by February 15 or two weeks after the

season closes for those seasons ending after February 1. Hunters shall

forfeit their hunting privileges at the site for the following year if they fail

to report by the above deadline for two consecutive hunt years.

5) Department will have the authority to issue site specific deer permits in

addition to any other deer permits issued by the Department (see Parts

650, 660, 670 and 680) and to designate the sex of deer (antlered or

antlerless) that hunters may harvest through site-specific regulations.

6) All hunter or trapper quotas are filled on a first come-first served basis

unless a drawing or special permit is used. The Department shall use a

special permit or drawing whenever past hunter or trapper participation at

a particular site reveals that the demand exceeds the quota established by

the Department. Hunters or trappers will be notified as expeditiously as

possible through site postings, news releases or public announcements

when quotas are established.

7) During pheasant, rabbit, quail and partridge season, hunters are required to

wear a cap and upper outer garment of solid and vivid blaze orange of at

least 400 square inches while hunting pheasant, quail, Hungarian

partridge, rabbit, snipe, rail and woodcock.

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ILLINOIS REGISTER 11473

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

8) Non-hunting or non-trapping partners may accompany hunters and

trappers on their hunting or trapping trips. Partners must be unarmed and

remain with the hunter or trapper throughout the trip. On sites where

special permits are required, each permit holder or party is limited to one

non-hunting or non-trapping partner per trip. On sites with waterfowl

blinds, non-hunters count towards the blind's maximum occupancy.

(Source: Amended at 44 Ill. Reg. 11466, effective June 29, 2020)

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ILLINOIS REGISTER 11474

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Nuisance Wildlife Control Permits

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

3) Section Numbers: Adopted Actions:

525.20 Amendment

525.30 Amendment

4) Statutory Authority: Implementing and authorized by Section 2.37 of the Wildlife Code

[520 ILCS 5]

5) Effective Date of Rules: June 29, 2020

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in

the Department of Natural Resources' principal office and is available for public

inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5580, April 3, 2020

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

11) Differences between Proposal and Final Version: None

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

agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to expand

requirements for individuals desiring to perform work on bat eviction and exclusion and

to allow an electronic copy of a Nuisance Wildlife Control Permit in addition to a paper

copy of the permit.

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ILLINOIS REGISTER 11475

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

John Heidinger, Legal Counsel

Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

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

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ILLINOIS REGISTER 11476

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 525

NUISANCE WILDLIFE CONTROL PERMITS

Section

525.10 Purpose

525.15 Definitions

525.20 Requirements, Application and Permit Procedures

525.30 General Provisions

525.35 Approved Methods of Take: Game Mammals, Furbearing Mammals and Other

Mammals

525.40 Prohibited Methods of Take

525.45 Disposition of Animals

525.50 Euthanasia

525.55 Bats

525.60 Game Birds

525.65 Migratory Birds

525.70 Business Practices

525.75 Exceptions to Permit Requirements and Provisions

525.80 Revocation and Suspension of Permits: Hearings and Appeals

525.EXHIBIT A Application for Nuisance Wildlife Control Permit

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

5].

SOURCE: Adopted at 15 Ill. Reg. 4149, effective March 4, 1991; amended at 16 Ill. Reg. 1826,

effective January 17, 1992; recodified by changing the agency name from Department of

Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 23 Ill. Reg.

3406, effective March 8, 1999; amended at 27 Ill. Reg. 735, effective January 6, 2003; amended

at 29 Ill. Reg. 3919, effective February 24, 2005; amended at 41 Ill. Reg. 8476, effective June

28, 2017; amended at 43 Ill. Reg. 9392, effective August 23, 2019; amended at 44 Ill. Reg.

11474, effective June 29, 2020.

Section 525.20 Requirements, Application and Permit Procedures

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ILLINOIS REGISTER 11477

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

a) Any individual desiring to take game mammals, furbearing mammals, other

mammals, game birds, or bats, or to provide services for the exclusion and/or

eviction of bats, or game birds that are causing damage to property or risks to

human health or safety on the land of another, for a fee, must first obtain a valid

Class A Nuisance Wildlife Control Permit from the Department.

b) Not-for-profit (501(c)(3)) zoos and botanical gardens desiring to take protected

species that are causing damage to property, risks to human health or safety, or

risks to specimens on lands owned by that entity must first obtain a valid Class B

Nuisance Wildlife Control Permit from the Department. Landowners and tenants

who desire to take migratory birds on their property, in accordance with a valid

federal permit, and without the aid of a Class D or Class E permit, must first

obtain a valid Class B permit from the Department.

c) Any governmental body desiring to take game mammals, furbearing mammals,

other mammals (e.g., bats) or game birds that are causing damage to property or

risks to human health or safety must first obtain a valid Class C Nuisance Wildlife

Control Permit from the Department.

d) Any individual desiring to take migratory birds that are causing damage to

property, risks to human health or safety, or nuisances on the land of another, for

a fee, must first obtain a valid Class D Nuisance Wildlife Control Permit from the

Department.

e) Any governmental body desiring to take migratory birds that are causing damage

to property, risks to human health or safety, or nuisances on lands governed,

owned or managed by that governmental body must first obtain a valid Class E

Nuisance Wildlife Control Permit.

f) Permit Procedures

1) To be eligible for a Class A or Class D permit the applicant must be at

least 18 years of age.

2) Application for a permit shall be made on forms provided by the

Department.

3) The Department shall issue a Class A permit to an individual provided the

applicant has:

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ILLINOIS REGISTER 11478

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

A) met the eligibility requirements of subsection (f)(1);

B) achieved a score of at least 80% on a closed-book, written

examination administered by the Department that tests the

applicant's knowledge and understanding of:

i) this Part;

ii) Sections 2.37 and 2.38 of the Code;

iii) the Illinois List of Endangered and Threatened Fauna (17

Ill. Adm. Code 1010);

iv) the Illinois Dead Animal Disposal Act [225 ILCS 610];

v) "Specifications for the Humane Handling, Care, Treatment,

and Transportation of Warmblooded Animals Other Than

Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman

Primates, and Marine Mammals" (9 CFR 3, subpart F);

vi) Disease Free Certification and Quarantine Provisions for

Propagation, Release, Importation, Exportation, and

Transportation of Game Mammals, Game Birds, Migratory

Birds, or Exotic Wildlife (17 Ill. Adm. Code 630); and

vii) diseases, life cycles, habits and habitats of game mammals,

furbearing mammals, other mammals, bats and game birds,

as well as methods of preventing or controlling damage and

risks to human health or safety caused by these species.

C) completed a Hunter Safety Course administered by the Department

or provided proof of equivalent training if guns are to be used to

take or euthanize animals. Submission of discharge papers from

the military (DD 214) showing certification as a marksman,

sharpshooter or expert is considered proof of equivalent training.

4) The Department shall issue a Class B permit to a landowner or tenant

provided the applicant has:

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ILLINOIS REGISTER 11479

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

A) met the eligibility requirements of subsection (f)(1);

B) provided a copy of his or her valid federal permit for taking

migratory birds; and

C) completed a Hunter Safety Course administered by the Department

or provided proof of equivalent training if guns are to be used to

take or euthanize animals. Submission of discharge papers from

the military (DD 214) showing certification as a marksman,

sharpshooter or expert is considered proof of equivalent training.

5) Authorization granted to landowners or tenants and their agents for taking

migratory birds is limited to properties owned or leased by those

individuals and subject to refusal, revocation and/or suspension pursuant

to subsections (g) though (j) of this Section and Section 525.80.

6) The Department shall issue a Class B permit to a not-for-profit (501(c)(3))

zoo provided that entity is accredited by the American Zoological

Association. The Department shall issue a Class B permit to a not-for-

profit (501(c)(3)) botanical garden provided that entity is a member of the

American Arboreta and Botanic Garden Association. Authorization

granted to not-for-profit zoos and botanical gardens is limited to properties

owned by those entities and subject to refusal, revocation and/or

suspension pursuant to subsections (g) through (j) of this Section and

Section 525.80.

7) The Department shall issue a Class D permit to an individual provided the

applicant has:

A) met the eligibility requirements of subsection (f)(1);

B) achieved a score of at least 80% on a closed book, written

examination that tests the applicant's knowledge of:

i) this Part;

ii) Sections 2.37 and 2.38 of the Code;

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ILLINOIS REGISTER 11480

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

iii) the Illinois List of Endangered and Threatened Fauna (17

Ill. Adm. Code 1010);

iv) the Illinois Dead Animal Disposal Act [225 ILCS 610];

v) Disease Free Certification and Quarantine Provisions for

Propagation, Release, Importation, Exportation, and

Transportation of Game Mammals, Game Birds, Migratory

Birds, or Exotic Wildlife (17 Ill. Adm. Code 630);

vi) federal regulations (50 CFR 21.41); and

vii) diseases, life cycles, habits and habitats of migratory birds,

as well as methods of preventing or controlling damage,

risks to human health and safety, or nuisances caused by

migratory birds.

8) Applicants failing the required examination may repeat the exam after 45

days. Should a second failure occur, a 6-month waiting period from the

date of the second exam is required. The examination sequence can be

repeated no more than twice during any 2-year period.

9) The Department shall issue a Class C or Class E permit to a governmental

body upon approval of an application.

g) Violation of the Illinois Endangered Species Protection Act [520 ILCS 10], the

Fish Code of 1971 [520 ILCS 5] or the Wildlife Code during the 3 years prior to

application for a Class A or Class D permit shall be grounds for refusal to issue

said permit.

h) Providing incomplete, deceptive or false information on an application shall be

grounds for refusal to issue a permit. Providing deceptive or false information on

an application is a Class A misdemeanor (see Section 2.38 of the Code).

i) Permittees who have allowed their permits to expire or had their permits revoked

or suspended for more than 60 days must reapply and retake any examinations

required for issuance of Class A and Class D permits.

j) Final judgement of applications shall be made by the Chief, Division of Wildlife

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ILLINOIS REGISTER 11481

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Resources, or his/her designee, based on criteria in this Section and Section

525.80.

k) Class A, B and C permits shall be issued on an annual basis and expire January 31

of each year, except that:

1) permits issued to first-time applicants between November 1 and January

31 shall expire on January 31 of the following year;

2) Class B permits issued to landowners and tenants for control of migratory

birds on their property may be issued for a period of time that coincides

with their federal permit.

l) Class D and E permits shall be issued on an annual basis and expire on September

1 of each year.

(Source: Amended at 44 Ill. Reg. 11474, effective June 29, 2020)

Section 525.30 General Provisions

a) Nuisance Wildlife Control Permits are not transferable.

b) Under no circumstances shall a Nuisance Wildlife Control Permit be used in lieu

of a scientific collector's permit (see 520 ILCS 5/3.22) or sport or commercial

licenses (see 520 ILCS 5/3.1, 3.3 and 3.27).

c) The Nuisance Wildlife Control Permit or an electronic/digital copy must be

carried on the person at all times when taking or transporting fauna and be

presented, upon request, to any authorized employee of the Department or any

peace officer. Violation is a petty offense (see 520 ILCS 5/2.37).

d) It shall be unlawful for any person to represent himself or herself falsely to be an

authorized employee of the Department, or to assume to act as such without

having been duly appointed and employed. Violation is a petty offense (see

Section 2.37 of the Code).

e) A Class A Nuisance permittee is an industrial user as listed in the Hypodermic

Syringes and Needles Act [720 ILCS 635].

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ILLINOIS REGISTER 11482

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

f) It is unlawful for any person to take any protected species during the firearm deer

hunting season in those counties open to firearm deer hunting, unless he or she

wears, when in the field, a cap and outer garment of a solid blaze orange color,

with those articles of clothing displaying a minimum of 400 square inches of

blaze orange material. Violation is a Class B misdemeanor (see Section 2.33(ff)

of the Code).

g) The taking of white-tailed deer is prohibited except for the salvage and disposal of

dead white-tailed deer in accordance with Section 525.45.

h) The taking of bats is prohibited except as provided in Sections 525.55 and 525.75.

i) The taking of game birds is prohibited except as provided in Section 525.60.

j) The taking of migratory birds is prohibited except as provided in Sections 525.65

and 525.75.

k) The taking of bald or golden eagles and species classified as endangered or

threatened under the Illinois Endangered Species Protection Act (see the list of

species in 17 Ill. Adm. Code 1010) is prohibited.

(Source: Amended at 44 Ill. Reg. 11474, effective June 29, 2020)

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ILLINOIS REGISTER 11483

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Duck, Goose, and Coot Hunting

2) Code Citation: 17 Ill. Adm. Code 590

3) Section Numbers: Adopted Actions:

590.10 Amendment

590.20 Amendment

590.60 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2,

2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7 and 3.8 of the Wildlife Code [520 ILCS 5] and

Migratory Bird Hunting (50 CFR 20).

5) Effective Date of Rules: June 29, 2020

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in

the Department of Natural Resources' principal office and is available for public

inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5589, April 3, 2020

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

11) Differences between Proposal and Final Version: None

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

agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to change the ending

date of the Light Goose Spring Conservation Order hunt and to reduce the mandatory

number of decoys.

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ILLINOIS REGISTER 11484

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

John Heidinger, Legal Counsel

Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

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

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ILLINOIS REGISTER 11485

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 590

DUCK, GOOSE AND COOT HUNTING

Section

590.10 Statewide Regulations

590.15 Duck, Goose and Coot General Hunting Regulations on Department-Owned and

-Managed Sites Listed in Sections 590.40 and 590.50

590.20 Permit Controlled Department Sites Only – Duck, Goose and Coot Hunting

590.25 Illinois Youth Waterfowl Hunting Permit Requirements (Repealed)

590.26 Illinois Youth Duck Hunting Permit Requirements (Repealed)

590.30 Duck, Goose and Coot General Hunting Regulations on all Department-Owned

and -Managed Sites (Repealed)

590.40 Check Station Department Sites Only – Duck, Goose and Coot Hunting

590.50 Non-Check Station Department Sites Only – Duck, Goose and Coot Hunting

590.60 Various Other Department Sites – Duck, Goose and Coot Hunting

590.70 Ohio River

590.80 Early and Late Goose (All Species) Hunting Regulations on Department Sites

590.EXHIBIT A The Non-Toxic Shot Zones of Illinois (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.18, 2.19,

2.20, 2.23, 2.33, 3.5, 3.6, 3.7 and 3.8 of the Wildlife Code [520 ILCS 5] and Migratory Bird

Hunting (50 CFR 20).

SOURCE: Adopted at 5 Ill. Reg. 8857, effective August 25, 1981; emergency amendment at 5

Ill. Reg. 11386, effective October 14, 1981, for a maximum of 150 days; codified at 5 Ill. Reg.

10638; Part repealed at 6 Ill. Reg. 9647, effective July 21, 1982; new Part adopted at 6 Ill. Reg.

11865, effective September 22, 1982; amended at 7 Ill. Reg. 13229, effective September 28,

1983; emergency amendment at 7 Ill. Reg. 13948, effective October 6, 1983, for a maximum of

150 days; emergency expired March 3, 1984; amended at 8 Ill. Reg. 18968, effective September

26, 1984; amended at 9 Ill. Reg. 14242, effective September 5, 1985; peremptory amendment at

9 Ill. Reg. 15062, effective September 25, 1985; emergency amendment at 9 Ill. Reg. 15928,

effective October 8, 1985, for a maximum of 150 days; emergency expired March 5, 1986;

amended at 10 Ill. Reg. 16588, effective September 22, 1986; emergency amendment at 10 Ill.

Reg. 17773, effective September 26, 1986, for a maximum of 150 days; emergency expired

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ILLINOIS REGISTER 11486

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

February 23, 1987; amended at 11 Ill. Reg. 10560, effective May 21, 1987; emergency

amendment at 11 Ill. Reg. 15242, effective August 28, 1987, for a maximum of 150 days;

emergency expired January 25, 1988; amended at 12 Ill. Reg. 12200, effective July 15, 1988;

emergency amendment at 12 Ill. Reg. 16233, effective September 23, 1988, for a maximum of

150 days; emergency expired February 20, 1989; emergency amendment at 12 Ill. Reg. 22244,

effective December 7, 1988, for a maximum of 150 days; emergency expired May 6, 1989;

amended at 13 Ill. Reg. 10525, effective June 20, 1989; amended at 13 Ill. Reg. 14925, effective

September 7, 1989; emergency amendment at 13 Ill. Reg. 16579, effective October 4, 1989, for a

maximum of 150 days; emergency expired March 3, 1989; amended at 13 Ill. Reg. 17354,

effective October 27, 1989; amended at 14 Ill. Reg. 638, effective January 2, 1990; amended at

14 Ill. Reg. 13529, effective August 13, 1990; emergency amendment at 14 Ill. Reg. 17029,

effective September 26, 1990, for a maximum of 150 days; emergency expired February 23,

1991; amended at 15 Ill. Reg. 1487, effective January 22, 1991; amended at 15 Ill. Reg. 13293,

effective September 3, 1991; emergency amendment at 15 Ill. Reg. 16745, effective November

5, 1991, for a maximum of 150 days; emergency expired April 3, 1992; amended at 16 Ill. Reg.

570, effective December 31, 1991; amended at 16 Ill. Reg. 12491, effective July 28, 1992;

emergency amendment at 16 Ill. Reg. 16672, effective October 15, 1992, for a maximum of 150

days; emergency expired March 9, 1993; emergency amendment at 16 Ill. Reg. 18851, effective

November 17, 1992, for a maximum of 150 days; emergency expired April 11, 1993; emergency

amendment at 17 Ill. Reg. 1658, effective January 20, 1993, for a maximum of 150 days;

emergency expired June 14, 1993; amended at 17 Ill. Reg. 16443, effective September 27, 1993;

emergency amendment at 17 Ill. Reg. 18867, effective October 14, 1993, for a maximum of 150

days; emergency expired March 13, 1994; amended at 18 Ill. Reg. 10023, effective June 21,

1994; emergency amendment at 18 Ill. Reg. 15161, effective September 27, 1994, for a

maximum of 150 days; emergency expired February 23, 1995; amended at 19 Ill. Reg. 13209,

effective September 11, 1995; amended at 20 Ill. Reg. 754, effective December 29, 1995;

recodified by changing the agency name from Department of Conservation to Department of

Natural Resources at 20 Ill. Reg. 9389; amended at 20 Ill. Reg. 12417, effective August 30,

1996; amended at 21 Ill. Reg. 578, effective December 30, 1996; amended at 21 Ill. Reg. 11713,

effective August 12, 1997; amended at 22 Ill. Reg. 2182, effective January 2, 1998; amended at

22 Ill. Reg. 15961, effective August 24, 1998; amended at 22 Ill. Reg. 21881, effective

December 3, 1998; emergency amendment at 23 Ill. Reg. 3092, effective March 10, 1999, for a

maximum of 150 days; emergency expired August 6, 1999; amended at 23 Ill. Reg. 11195,

effective August 26, 1999; emergency amendment at 23 Ill. Reg. 14640, effective December 13,

1999, for a maximum of 150 days; emergency expired May 10, 2000; amended at 24 Ill. Reg.

12517, effective August 7, 2000; amended at 25 Ill. Reg. 14131, effective October 22, 2001;

amended at 26 Ill. Reg. 16238, effective October 18, 2002; amended at 27 Ill. Reg. 15409,

effective September 18, 2003; amended at 28 Ill. Reg. 13562, effective September 24, 2004;

amended at 29 Ill. Reg. 9654, effective June 24, 2005; emergency amendment at 29 Ill. Reg.

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ILLINOIS REGISTER 11487

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

13900, effective August 30, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 18924,

effective November 4, 2005; amended at 30 Ill. Reg. 15694, effective September 18, 2006;

amended at 31 Ill. Reg. 13128, effective August 30, 2007; amended at 32 Ill. Reg. 14761,

effective August 27, 2008; amended at 33 Ill. Reg. 14671, effective October 13, 2009; amended

at 34 Ill. Reg. 16457, effective October 8, 2010; amended at 35 Ill. Reg. 13161, effective July 26,

2011; amended at 37 Ill. Reg. 19208, effective November 14, 2013; amended at 38 Ill. Reg.

22735, effective November 18, 2014; amended at 39 Ill. Reg. 11387, effective August 3, 2015;

amended at 40 Ill. Reg. 10492, effective July 20, 2016; amended at 41 Ill. Reg. 8575, effective

June 28, 2017; amended at 42 Ill. Reg. 17547, effective September 21, 2018; amended at 43 Ill.

Reg. 9464, effective August 23, 2019; amended at 44 Ill. Reg. 11483, effective June 29, 2020.

Section 590.10 Statewide Regulations

a) Pursuant to Section 2.18 of the Wildlife Code [520 ILCS 5/2.18], it shall be

unlawful to take, possess, transport, or use migratory waterfowl except during

such period of time and in such manner and numbers as may be provided in the

Federal Migratory Bird Treaty Act (16 USC 703-711), the Migratory Bird

Hunting Stamp Act (16 USC 1718 et seq.), and annual Rules and Regulations for

Migratory Bird Hunting (50 CFR 20 (August 31, 2006) and 21 (September 22,

2006) (collectively referred to in this Part as federal regulations) (no incorporation

in this Part includes later amendments or editions), or contrary to any State

regulations made in the Wildlife Code. Violation is a Class B misdemeanor (see

520 ILCS 5/2.18).

b) The legal possession of a concealed firearm by a validly licensed concealed carry

licensee is allowed statewide, subject to Section 2.33 of the Wildlife Code on

illegal devices and State refuges, the prohibitions set forth in Section 65 of the

Firearm Concealed Carry Act [430 ILCS 66] and any applicable federal

regulations. Violation is a Class B misdemeanor (see 520 ILCS 5/2.33), except

that violation of Section 2.33(g), (i), (o), (p), (y) and (cc) are Class A

misdemeanors with a minimum $500 fine and a maximum $5,000 fine in addition

to other statutory penalties.

c) Duck, goose and coot regulations are in accordance with Federal Regulations (50

CFR 20) unless the regulations in this Part are more restrictive. Violation is a

Class B misdemeanor (see 520 ILCS 5/2.18).

d) It shall be unlawful while attempting to take migratory waterfowl or coots to have

in possession any shotgun shells not approved as non-toxic by federal regulations.

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ILLINOIS REGISTER 11488

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Violation is a petty offense (see 520 ILCS 5/2.18-1).

e) It shall be unlawful to possess any shotgun shell loaded with a shot size larger

than number T steel or number BBB of any other non-toxic shot when attempting

to take waterfowl. Violation is a Class B misdemeanor (see 520 ILCS 5/2.18).

f) Hunting Canada Geese after the season is closed is a Class B misdemeanor (see

520 ILCS 5/2.18). Possession of freshly killed wild geese during the closed

season is a Class A misdemeanor (see 520 ILCS 5/2.33(cc)).

g) Closed Areas

Closed areas, including waterfowl refuges and rest areas, may be designated at

certain sites in accordance with 17 Ill. Adm. Code 510. Boundaries of these

closed areas will be posted. Violation is a petty offense (see 520 ILCS 5/2.20).

h) Commercial Migratory Waterfowl Hunting regulations are specified in 17 Ill.

Adm. Code 640.

i) No person during the open season shall take or attempt to take wild geese prior to

½ hour before sunrise nor after sunset. During special light goose seasons as

indicated in subsection (n), statewide hunting hours shall be ½ hour before sunrise

to ½ hour after sunset daily. Hunting prior to ½ hour before sunrise during the

open season is a Class A misdemeanor (see 520 ILCS 2.33(y)). Hunting after ½

hour after sunset is a Class A misdemeanor (see 520 ILCS 2.33(y)). Hunting after

closing hours is a Class B misdemeanor (see 520 ILCS 5/2.18).

j) Registration in the U.S. Fish and Wildlife Service Migratory Bird Harvest

Information Program (HIP) is required for those persons who are required to have

a hunting license before taking or attempting to take ducks, geese or coots.

Instructions for registering are provided with issuance of hunting license.

Violation is a petty offense (see 520 ILCS 5/3.1(f)).

k) If 50 CFR 20 or 21 allows light goose seasons to be liberalized, snow geese, blue

geese and Ross' geese may be taken in accordance with federal regulations

regarding hunting hours, method of taking and bag limits through April 30March

31.

l) Nothing in this Part shall be construed to criminalize the legal possession of a

concealed firearm, as set forth in Section 590.10(b), by a validly licensed

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ILLINOIS REGISTER 11489

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

concealed carry licensee (see 430 ILCS 66).

(Source: Amended at 44 Ill. Reg. 11483, effective June 29, 2020)

Section 590.20 Permit Controlled Department Sites Only − Duck, Goose and Coot Hunting

a) Sites covered in this Section, which allow hunting by permit only, are:

Anderson Lake State Fish and Wildlife Area

Banner Marsh State Fish and Wildlife Area

Black Crown Marsh State Natural Area

Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area

(2)

Double T State Fish and Wildlife Area

Embarras River Bottoms State Habitat Area (2)

Horseshoe Lake State Fish and Wildlife Area

Kidd Lake State Natural Area (west of railroad tracks only)

Larry D. Closson State Habitat Area (2)

Marshall State Conservation Area – Duck Ranch Unit (2)

Mermet Lake State Fish and Wildlife Area

Rice Lake State Fish and Wildlife Area – Walk-in Units

Snakeden Hollow State Fish and Wildlife Area

Spring Lake State Fish and Wildlife Area − Spring Lake Bottoms Unit

Union County State Fish and Wildlife Area

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ILLINOIS REGISTER 11490

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

b) Permit Requirements

1) Permit applications shall be accepted starting August 16. Initial

acceptance dates and methods for making applications will be publicly

announced. A hunter can obtain up to 5 permits for duck hunting and 5

permits for goose hunting as follows: Only applications submitted by

Illinois residents will be processed during the first lottery to apply for up

to one duck permit and one goose permit. Non-residents and residents who

did not receive a permit or did not apply in the first lottery will be eligible

to participate in the second lottery to apply for their first duck and goose

permit. Residents will have preference in the 2nd lottery. Residents and

non-residents can apply for a 2nd permit for duck and goose hunting in the

3rd lottery. Residents will have preference in the 3rd lottery. Residents and

non-residents can apply for a 3rd, 4th and 5th duck and goose permit during

the phone-in reservation period to be held after the 3rd lottery. Successful

applicants will be sent confirmation via email or can access the

Reservation Inquiry System to see if they were awarded a permit.

2) Permits shall be issued until the daily quota is filled. The daily quota is

determined by the formula: one hunter per 10 to 40 huntable acres.

Huntable acres are determined by, but not limited to, the biological studies

on the number of the species available; the condition, topography, and

configuration of the land at the site; the condition of the roads at the site;

the number of employees available to work at the site; and the number of

blinds which can be established on a site as set forth in Section 3.8 of the

Wildlife Code [520 ILCS 5]. Hunting locations (blind or stake number)

shall be assigned randomly by the permit office and listed on the permit at

sites that do not have a check station, but have multiple hunting locations.

3) The permit shall be for the use of the entire blind or staked site/area.

A) It shall be the responsibility of the permit holder to bring one

hunting partner or one non-hunting partner (non-hunting partners

are defined as persons under 21 years of age accompanying the

hunter in the blind) or 2 non-hunting partners (3 persons per blind

but not more than 2 hunters per blind) for:

Snakeden Hollow State Fish and Wildlife Area

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ILLINOIS REGISTER 11491

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Horseshoe Lake State Fish and Wildlife Area

Union County State Fish and Wildlife Area

B) It shall be the responsibility of the permit holder to bring no more

than 2 partners (hunters or non-hunters; 3 persons per stake/area)

for:

Rice Lake State Fish and Wildlife Area – Walk-in Unit

Kidd Lake State Natural Area – units west of the railroad tracks

only

C) It shall be the responsibility of the permit holder to bring no more

than 3 partners (hunters or non-hunters; 4 persons per blind or

staked site/area) for:

Anderson Lake State Fish and Wildlife Area

Banner Marsh State Fish and Wildlife Area

Black Crown Marsh State Natural Area

Double T State Fish and Wildlife Area

Embarras River Bottoms State Habitat Area

Larry D. Closson State Habitat Area

Marshall State Conservation Area – Duck Ranch Unit

Mermet Lake State Fish and Wildlife Area

Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms

Unit

Clinton Lake State Recreation Area – Salt Creek Waterfowl

Management Area

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ILLINOIS REGISTER 11492

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Unallocated blinds shall be filled by a drawing at the sites.

4) Permits are not transferrable.

5) Permits will be issued from the Springfield Permit Office for

permit-controlled sites. For other information write to:

Illinois Department of Natural Resources

Permit Office − Waterfowl

P.O. Box 19457

Springfield IL 62794-9457

c) General Regulations

1) All use other than permit hunting as defined in subsection (b)(3) is

prohibited at:

A) Snakeden Hollow State Fish and Wildlife Area from 2 weeks

before duck season through close of Central Zone Canada goose

season.

B) Double T State Fish and Wildlife Area from October 1 through the

close of the Central Zone Duck hunting season.

2) Hours, Permits and Stamp Charges

A) Hunting hours are from legal opening time until 1:00 p.m., except

at Horseshoe Lake State Fish and Wildlife Area and Union County

State Fish and Wildlife Area, which close at 12 noon. Marshall

State Fish and Wildlife Area – Duck Ranch Unit will have

statewide hours for early and late goose seasons.

B) At Snakeden Hollow State Fish and Wildlife Area from opening

day through November 30, all hunters must register at the check

station by 5:00 a.m. Permits are void after 5:00 a.m. From

December 1 through December 31, all hunters must register at the

check station by 5:30 a.m. Permits are void after 5:30 a.m. From

January 1 through the close of goose season, all hunters must

register at the check station by 6:00 a.m. Permits are void after

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ILLINOIS REGISTER 11493

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

6:00 a.m.

C) At Banner Marsh State Fish and Wildlife Area, Horseshoe Lake

State Fish and Wildlife Area, Rice Lake State Conservation Area –

Walk-in Units and Union County State Fish and Wildlife Area

hunters with permit reservations are required to check in at the

check station between 4:30 a.m. and 5:00 a.m. Permits are void

after 5:00 a.m. A drawing shall be held to allocate blind sites at all

sites.

D) At Anderson Lake State Fish and Wildlife Area and Spring Lake

State Fish and Wildlife Area – Spring Lake Bottoms Unit, hunters

are required to check in at the check station no later than one hour

before legal shooting time; after that time, permits are void.

E) At Double T State Fish and Wildlife Area, hunters must check in

by 4:30 a.m. at the Rice Lake check station. Permits are void after

4:30 a.m. Check out is required at all sites listed in this Section.

F) At Clinton Lake State Recreation Area – Salt Creek Waterfowl

Management Area, hunting hours are from legal shooting time to

1:00 p.m. Permit hunters have sole access to the blind sites for the

day and may occupy or leave the site as desired during legal access

hours.

G) At Kidd Lake State Natural Area, hunters may arrive at hunt sites 1

hour prior to legal shooting time until 1:00 p.m. when shooting

must cease. Hunters must remove all hunting materials and vacate

the area by 2:00 p.m. Only hunters with Public Duck and Goose

Hunting Area Permits and their partners may hunt the site.

H) A $15 Daily Usage Stamp must be purchased at Snakeden Hollow

State Fish and Wildlife Area. Partners between 16 and 20 years of

age must pay daily usage stamp fee. Partners under 16 are not

required to purchase a daily usage stamp.

I) A $10 Daily Usage Stamp must be purchased at Banner Marsh

State Fish and Wildlife Area, Marshall State Conservation Area –

Duck Ranch Unit, Spring Lake State Fish and Wildlife Area −

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ILLINOIS REGISTER 11494

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Spring Lake Bottoms Unit, Horseshoe Lake State Fish and

Wildlife Area, Union County State Fish and Wildlife Area.

Non-hunting partners between 16 and 20 years of age must pay

daily usage stamp fee. All partners under 16 are not required to

purchase a daily usage stamp.

J) At Embarras River Bottoms State Habitat Area, hunters may arrive

at hunt sites 1 hour prior to legal shooting time until 1:00 p.m.

when shooting must cease. Hunters must remove all hunting

materials and vacate the area by 3:00 p.m. Only hunters with

Public Duck and Goose Hunting Area Permits and their partners

may hunt the site.

K) At Mermet Lake State Fish and Wildlife Area, permits will be

valid each day the check station is open during regular duck

season. Drawing for blinds will take place 90 minutes before

shooting time and hunting hours are from ½ hour before sunrise

until 1:00 p.m.

3) Hunting shall be done from assigned locations (blinds, stakes, areas or

pits) only and hunters shall not move from assigned location to another

location or leave the assigned location and return.

4) Guns must be unloaded and encased at all times when not hunting. Except

at Union County and Horseshoe Lake State Fish and Wildlife Areas, all

hunting parties shall hunt over a spread of at least 12 decoys during duck

season and Canada goose season. The decoys shall be staked, placed or

floating, be individually visible, be at least 8 inches long, and not be

within a boat, blind or container.

5) The legal hunting seasons for Horseshoe Lake State Fish and Wildlife

Area and Union County State Fish and Wildlife Area are the dates of the

South Zone duck and goose hunting seasons except that these areas shall

be closed on Mondays, Tuesdays (except for the Illinois Youth Waterfowl

Hunt) and December 24 through 28. (These sites shall be open only for

the Illinois Youth Waterfowl Hunt on December 28, pursuant to 17 Ill.

Adm. Code 685.110.)

6) The legal hunting season at Snakeden Hollow State Fish and Wildlife

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ILLINOIS REGISTER 11495

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Area is the dates of the Central Zone goose hunting season except that the

area shall be closed on Mondays, Tuesdays, Wednesdays, and December

24, 25 and 26.

7) The legal hunting season at Banner Marsh State Fish and Wildlife Area

and Rice Lake State Fish and Wildlife Area – Walk-in Units is the dates of

the Central Zone duck hunting season.

8) The legal hunting season at Spring Lake State Fish and Wildlife Area –

Spring Lake Bottoms Unit is the opening day of the Central Zone duck

hunting season and every Tuesday, Thursday and Sunday of the Central

Zone duck hunting season, except the second Sunday in November, which

is closed due to the Youth Hunt.

9) The legal permit hunting season at Double T State Conservation Area will

be every Wednesday, Saturday and Sunday of the Central Zone duck

hunting season.

10) The legal hunting season at Marshall State Conservation Area – Duck

Ranch Unit is every Tuesday, Thursday, Saturday and Sunday during the

Central Zone duck season.

11) At Horseshoe Lake State Fish and Wildlife Area and Union County State

Fish and Wildlife Area, during duck season hunters shall not possess more

than 25 shot shells. When duck season is closed, hunters shall not possess

more than 5 shot shells for every Canada goose allowed in the daily bag

limit. During the Conservation Order Light Goose Season hunters may

possess 25 shot shells at Horseshoe Lake State Fish and Wildlife Area. At

Snakeden Hollow State Fish and Wildlife Area, hunters may not possess

more than 5 shot shells for every Canada goose allowed in the daily bag

limit.

12) At Horseshoe Lake State Fish and Wildlife Area and Union County State

Fish and Wildlife Area hunters may bring up to 3 dozen decoys per party.

No full bodied or supermagnum shell decoys are allowed.

13) At Horseshoe Lake State Fish and Wildlife Area hunters cannot take guns

from the blind to retrieve crippled waterfowl.

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ILLINOIS REGISTER 11496

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

14) Hunters must be at least 16 years of age (except for the Illinois Youth

Goose/Duck Hunt) to draw for a pit or blind. Each person under 16 years

of age must be accompanied by a supervising adult.

15) At Rice Lake State Fish and Wildlife Area – Walk-in Units, hunting shall

be by walk-in or boats without motors only.

16) The legal hunting season for Clinton Lake State Recreation Area – Salt

Creek Waterfowl Management Area will be every Tuesday, Thursday and

Saturday of the Central Zone regular duck and Canada goose season.

17) The permit dates for Anderson Lake State Fish and Wildlife Area will be

every Tuesday, Thursday and Saturday of the waterfowl hunting zone the

site is in (Central Zone). Permit holders will have first choice of West

Point Walk-in area stakes or unclaimed yearly allocation blinds that would

otherwise go in the daily drawing. All site specific regulations apply.

18) The legal hunting season for Larry D. Closson State Habitat Area will be

every Sunday in October and November and every Saturday in December

and January of the regular Illinois duck hunting season in the waterfowl

hunting zone in which the site is located.

19) The legal hunting season for Kidd Lake State Natural Area – units west of

the railroad tracks only will be every Tuesday, Thursday and Saturday of

the regular Illinois duck hunting season in the waterfowl hunting zone in

which the site is located.

20) The legal hunting season for Embarras River Bottoms State Habitat Area

will be Tuesday, Thursday and Saturday of the regular Illinois duck

hunting season (except for the youth waterfowl season) in the Waterfowl

Hunting Zone in which the site is located. There will be no waterfowl

hunting during shotgun deer and deer muzzleloader seasons.

21) The legal hunting season for Black Crown Marsh State Natural Area

(marsh hunting area) will be Tuesday, Thursday, Saturday and Sunday of

the regular Illinois duck hunting season in the waterfowl hunting zone

where the site is located. The legal hunting season for the Black Crown

Marsh State Natural Area (land hunting area) will be Tuesday, Thursday,

Saturday and Sunday of the regular Illinois duck and goose hunting

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ILLINOIS REGISTER 11497

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

seasons in the waterfowl hunting zone where the site is located. Walk-in

hunting only. This site does not have any permanent blind structures.

Hunters may construct temporary blinds that must be removed at the end

of each day's hunt. Hunting hours are from legal opening until 1:00 p.m.

Hunters must be off the site by 2:00 p.m. Sign-in/sign-out and report

harvest at parking area kiosk.

d) Violation of this Section is a petty offense (see 520 ILCS 5/2.20).

(Source: Amended at 44 Ill. Reg. 11483, effective June 29, 2020)

Section 590.60 Various Other Department Sites – Duck, Goose and Coot Hunting

The sites listed in this Section conform to Statewide Regulations (Section 590.10) and the

following regulations, except as noted.

a) Regulations

1) Hunting hours are from legal opening to 1:00 p.m., except hunting shall be

permitted until sunset on those sites indicated by (1) following the location

in subsection (b). Sites that require use of windshield cards by hunters as

specified in 17 Ill. Adm. Code 510.10 are followed by (2).

2) No permanent blinds allowed, except for Department constructed blinds;

all blinds must be of a portable nature and constructed with natural

vegetation at the blind site and no pits can be dug. All materials must be

removed or dismantled at the end on the day's hunt.

3) Portable boat blinds must have been completed, including final brushing,

before entering the water and must be removed at the end of the day's

hunt.

4) Waterfowl hunters must maintain a distance of 200 yards between hunting

parties, except for Department constructed blinds or staked locations.

5) No hunting is permitted within 200 yards of developed recreation areas,

public use facilities, and construction or industrial sites.

6) No check station is operated nor is any check in/check out required, except

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ILLINOIS REGISTER 11498

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

as indicated in the remainder of this Section.

7) It shall be unlawful to trespass upon areas designated as waterfowl rest

areas or refuges from 2 weeks prior to the start of regular duck season

through the close of regular duck and Canada goose season except as

indicated in the remainder of this Section.

8) It shall be unlawful to trespass upon the designated waterfowl hunting area

during the 7 days prior to the regular duck season unless otherwise posted

at the site.

b) Site Specific Regulations

1) Boston Bay (Mississippi River Pool 18)

No permanent blinds may be built; temporary blinds only; 200 yards apart.

2) Cache River State Natural Area (hunters must sign in prior to hunting and

sign out and report their harvest at the end of each day) (1)

3) Campbell Pond State Wildlife Management Area (2)

4) Cape Bend State Fish and Wildlife Area (1)

5) Carlyle Lake Project Lands and Waters

A) No one may enter the subimpoundment area (except for parking

areas) to hunt waterfowl before 4:30 a.m. each day of the

waterfowl hunting season, or remain in the area after 3:00 p.m.

each day of the waterfowl hunting season, except during the last 3

days of the Canada goose season and during any goose seasons

that occur before or after Canada goose season, hunters must be

out of the area by one hour after sunset and not return until 4:30

a.m. The subimpoundment area is defined as that area bordered by

the Kaskaskia River on the east and south and extending north and

west to the Carlyle Lake project boundary, and includes

impoundment areas 1, 2, 3, and 4 and within the impoundments on

the East Side Management Area located east of the Kaskaskia

River.

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ILLINOIS REGISTER 11499

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

B) The waters of Carlyle Lake are defined as the lake and that portion

of the Kaskaskia River, North Fork, East Fork, Peppenhorst

Branch and Allen Branch and Hurricane Creek that are within the

boundaries of the Carlyle Lake property.

C) Walk-in hunting shall be permitted in subimpoundment areas.

Boats with no motors are allowed in the subimpoundments.

Department personnel will designate boat launching locations.

D) When the water level in the subimpoundment area is too high (due

to flooding) to allow walk-in hunting, Department personnel shall

post that the area is open to boats with motors (no airboats)

operating at no wake speed and will designate boat launching

locations.

E) Known eagle protection areas will be posted by the Site

Superintendent and will be closed to waterfowl hunting.

F) Each hunting party is required to hunt over a minimum of 612

decoys. Decoys shall not be left out unattended or after 3:00 p.m.

each day of the waterfowl season, except during the last 3 days of

the Canada goose season and during any goose seasons that occur

after Canada goose season, decoys shall not be left out unattended

or later than one hour after sunset.

G) All waterfowl hunters must register prior to hunting each day of

the waterfowl hunting season at the nearest accessible registration

box. All hunters must sign out and record their harvest daily

before they exit the area.

H) The Army Corps of Engineers may build blinds on Corps managed

lands and waters for management purposes only.

I) During the last 3 days of Canada goose season, hunting hours shall

close at sunset daily.

J) The following rules apply to North Allen Branch Waterfowl

Management Area (Eldon Hazlet State Park) only:

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ILLINOIS REGISTER 11500

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

i) Three designated blind sites are available on a first come-

first served basis. Walk-in hunting only is permitted with a

maximum of 4 hunters per site. All hunting must be from

one blind site located between identically numbered stakes.

ii) Hunters must sign in prior to hunting, and sign out and

report their harvest at the end of each day. All hunters

must be checked out by 2:00 p.m. daily, except the last 3

days of the Canada goose season, and during any goose

seasons that may occur after the Canada goose season,

hunters must be checked out by one hour after sunset.

iii) Decoys shall not be left out unattended.

iv) When the lake floods this area and designated blind sites

are not usable for walk-in hunting, the Department, by

public announcement and/or posting, will open the affected

area to hunting from boats per Carlyle Lake Project Lands

and Waters' rules.

K) Waterfowl hunters may not possess more than 25 non-toxic rounds

of ammunitions while hunting within the subimpoundment areas.

6) Chauncey Marsh State Natural Area (2)

7) Clinton Lake State Recreation Area (1) (2)

A) Except as described in subsections (b)(7)(C) and (D), hunting is

allowed only from anchored portable blinds, except that no

waterfowl hunting is permitted in the area extending from a line

between the west side boat ramp and the southern-most point of

the central peninsula to the Davenport Bridge.

B) Waterfowl hunting is also permitted from the shore in designated

walk-in hunting areas on a first-come, first-served basis. Walk-in

or boat hunting only. No more than 4 hunters per party are

permitted.

C) Hunting from permanent land-based blinds is permitted only from

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ILLINOIS REGISTER 11501

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Disabled Hunting Program and Salt Creek Waterfowl Management

Area blinds. In all Boat Access Only Sites, boat hunters may

access land to hunt that is open to upland game and/or forest game

(including archery hunting area) hunting. Hunters may use a boat

to access these areas; no walk-in hunting at these sites. All blind

rules in subsection (b)(7)(E) apply.

D) Each party must hunt over a minimum of 612 decoys. Decoys

must be removed from the sites following each day's hunt. Decoys

must not be left unattended.

E) Except for the Handicap Hunting Program facilities and Salt Creek

Waterfowl Management Area, blinds must be portable or built

from material brought in or available at the blind site. Blinds must

be dismantled and removed at the end of each day's hunt. No trees

or bushes may be cut.

F) There will be no hunting within 200 yards of developed areas or

construction zones and 300 yards of electrical power lines.

G) Hunting within the Salt Creek Waterfowl Management Area will,

on designated days, be available only through a drawing conducted

by the Springfield Permit Office. Procedures for applying for a

permit at the site will be publicly announced.

8) Coffeen Lake State Fish and Wildlife Area

A) Hunters must sign in prior to hunting and sign out, reporting

harvest at the end of each day.

B) Hunting from staked sites only.

C) No permanent blinds.

D) Hunting by boat access only.

E) No cutting vegetation on site.

F) Hunting north of railroad tracks only.

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ILLINOIS REGISTER 11502

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

G) Hunting hours from legal opening to 1 p.m. Fishing allowed

between the railroad tracks and the county road after 1:00 p.m.

H) Four hunters per blind site.

I) No hunting during firearm deer seasons.

J) All hunters must be checked out at sign in box by 2:00 p.m.

9) Copperhead Hollow State Wildlife Area (1) (2)

10) Cypress Pond State Natural Area (1)

Hunters must sign in prior to hunting and sign out reporting harvest at the

end of each day.

11) Deer Pond State Natural Area (1)

Hunters must sign in prior to hunting and sign out reporting harvest at end

of each day.

12) Devil's Island State Fish and Wildlife Area (1)

13) Dog Island State Wildlife Management Area (2)

14) Donnelley State Wildlife Area

A) Hunting is prohibited on Tuesdays and Wednesdays except open

on opening day and on the first Sunday immediately preceding the

first firearm deer season as set forth in 17 Ill. Adm. Code 650.10

except as indicated in Section 590.25.

B) Goose hunting is prohibited after the close of the duck season.

C) All hunting shall be from designated blinds only. Refilling or

changing blinds is not permitted.

D) All hunters must report to the check station to fill out an

information card and turn in hunting licenses or valid photo

identification (example: Firearm Owner's Identification Card,

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ILLINOIS REGISTER 11503

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

driver's license) before proceeding to blinds.

E) A hunter may bring one or 2 hunting partners under the age of 21.

F) $10 daily usage stamp must be purchased to hunt this area.

Non-hunting partners between 16 and 20 years of age must pay

daily usage stamp fee. Non-hunting partners under 16 are not

required to purchase a daily usage stamp.

G) No outboard motors are allowed by public – only by authorized

DNR personnel.

H) No more than 3 persons shall occupy a blind at any one time.

I) All parties are required to report to check station within one hour

after termination of hunt or no later than 2:00 p.m.

J) All parties must hunt over a minimum of 612 decoys and a

maximum of 48 decoys can be used, which must be removed upon

the termination of the hunt.

K) The first weekend and the third Saturday of the regular duck

season shall be designated as youth hunt days. This shall consist

of youth or youths 15 and under plus one adult per blind. There

shall be no charge for the youth on these days. Those blinds not

allocated to youths shall be available to adults on those days.

L) One blind shall be made available by priority claim to "disabled"

persons (as defined in Section 2.33 of the Wildlife Code).

15) Fort de Chartres State Historic Site (1)

A) Hunting is allowed from anchored, portable boat blinds only on a

first come-first served basis.

B) Each hunting party is required to hunt over a minimum of 612

decoys which must be removed at the end of each hunting day.

C) No hunting is allowed during firearm deer season.

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ILLINOIS REGISTER 11504

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

16) Fort Massac State Park (Kerr Farm Unit Only) (1) (2)

17) Fox Ridge State Park (1) (2)

Hunting restricted to Embarras River and its flood waters.

18) Fox River (1)

A) Waterfowl hunting is prohibited on that portion of the Fox River

running from the Kendall-Kane County line downstream to a line

extending from the intersection of Route 71 and Douglas Street in

Oswego, across the Fox River to the intersection of Hickory Lane

and Riverview Drive.

B) Waterfowl hunting shall be from Department designated sites only

on that portion of the Fox River downstream from the line

extending from the intersection of Route 71 and Douglas Street in

Oswego, across the Fox River to the intersection of Hickory Lane

and Riverview Drive downstream to the Fox River Drive Bridge.

Hunting at the designated sites will be on a first-come, first-served

basis. Statewide regulations shall be in effect with no other

Sections of this Part being applicable.

19) Fox River – Chain of Lakes (Lake and McHenry Counties) (1)

Waterfowl blind regulations of the Fox Waterway Agency are in full force

and effect on those public waters under their jurisdiction. Failure to

comply with such regulations constitutes a violation of this Section.

20) Freeman Mine State Habitat Area

Hunting regulations will be publicly announced.

21) Heidecke State Fish and Wildlife Area, Braidwood State Fish and Wildlife

Area and Powerton Lake State Fish and Wildlife Area

A) Blind sites shall be allocated on a daily draw basis conducted at the

check stations 60 minutes before hunting time. Hunters shall

register as parties for the drawing; each party drawn shall be

allowed to select blind site in order drawn; only those hunters

registered in party shall be allowed to hunt with their party; no

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ILLINOIS REGISTER 11505

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

more than 3 hunters per party; persons under the age of 16 shall

not be allowed to hunt unless accompanied by an adult.

B) Blind sites not selected during the drawing shall be allocated on a

first-come, first-served basis. Vacant blind sites shall not be

allocated after the drawing until one hour after legal hunting time.

No blind sites shall be allocated after 10:00 a.m. Hunters wishing

to move to another blind site must report this move to the check

station attendant in person before such a move.

C) Access to water blind sites must be by boat only and from

designated boat launch sites.

D) All hunting must be from portable boat blinds, within 10 yards of

the assigned numbered stake or buoy. No more than 3 persons

shall use one blind.

E) Upon vacating blind sites, all hunters must report to the check

station within one hour. At this time, waterfowl bagged must be

checked in and displayed to the station operator and hunting

licenses returned.

F) Each hunting party is required to hunt over a minimum of 612

decoys. Decoys must be picked up immediately after the hunt is

over.

G) Heidecke Lake and Braidwood Lake shall be closed to all fishing

and boat traffic except for legal waterfowl hunters from 10 days

prior to regular duck season until the close of the regular duck and

Canada goose season. Powerton Lake shall be closed to boat

traffic from 7 days prior to opening of regular duck season until

February 15, except for legal waterfowl hunters, and closed to all

unauthorized entry during the regular duck season.

H) No hunting on Monday and Tuesday at Heidecke and Braidwood

Lakes. No hunting at Powerton Lake on Monday through

Thursday except hunting permitted on State holidays.

I) It is unlawful to hunt waterfowl on the water area in any watercraft

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ILLINOIS REGISTER 11506

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

less than 16 feet long and 60 inches in beam and without a gas-

powered motor.

J) No guns may be carried from water blinds to retrieve waterfowl

that fall on land.

K) Hunting is closed on Christmas Day and New Year's Day.

L) All water areas not posted with blind site numbers shall be refuge

and are closed to all boat traffic except by authorized personnel.

M) It is unlawful to shoot across any dike.

N) Waterfowl hunting shall close with the conclusion of the duck

season at Powerton Lake. At Heidecke and Braidwood Lakes,

waterfowl hunting closes at the end of duck or goose season,

whichever is later. No goose hunting is allowed prior to duck

season.

22) Henderson Creek State Fish and Wildlife Area (2)

23) Hidden Springs State Forest (hunting restricted to Richland Creek and its

floodwaters) (1) (2)

24) Horseshoe Lake State Fish and Wildlife Area (Alexander County) Public

Hunting Area

A) Closed to waterfowl hunting on Mondays and Tuesdays.

B) When duck season is closed, goose hunters may not possess more

than 5 shot shells for every Canada goose allowed in the daily bag

limit.

25) Horseshoe Lake Refuge

No hunting allowed, no boat motors except trolling motors will be allowed

on Horseshoe Lake from October 15 to March 1.

26) Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein,

Chouteau Island Unit

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ILLINOIS REGISTER 11507

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Site permit required.

27) Jim Edgar Panther Creek State Fish and Wildlife Area

A) Waterfowl hunting on Prairie Lake will be allowed on Wednesdays

and Saturdays beginning the opening day of the controlled

pheasant hunting season until the close of the controlled pheasant

hunting season.

B) Staked hunting sites shall be allocated on a daily draw basis

conducted at 5:00 a.m. at the site office. Hunters shall register as

parties for the drawing; each party drawn shall be allowed to select

a hunt stake in order drawn; only those hunters registered in the

party shall be allowed to hunt with the party; no more than 4

hunters per party; persons under the age of 16 shall not be allowed

to hunt unless accompanied by an adult.

C) Hunting hours will be legal opening shooting hours for Jim Edgar

Panther Creek's respective Illinois waterfowl zone to 12:00 p.m.

D) Access to water hunt stakes must be by boat only and from

designated boat launch sites.

E) Upon vacating hunt stakes, all hunters must report to the site office

within one hour to sign out and report harvest.

F) Each hunting party is required to hunt over a minimum of 612

decoys. Decoys must be picked up immediately after the hunt is

over.

G) Hunting shall take place from boats anchored within 10 yards of

Department assigned hunt stakes only. Hunters must occupy hunt

stakes within one hour after registering at the check station. No

guns may be carried from hunt stakes to retrieve waterfowl that fall

on land.

H) Hunting is closed Christmas Day (December 25).

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ILLINOIS REGISTER 11508

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

I) Hunting parties may move to unoccupied hunting stakes after

10:00 a.m. Hunting location moves need to be recorded when

hunters check out after the hunt.

J) When it is deemed necessary, the Department shall remove, move

or close hunt stakes in order to carry out the operations of the

overall management program.

28) Kaskaskia River State Fish and Wildlife Area (1)

The last 3 days of both the duck season and the regular Canada goose

season.

A) No waterfowl hunters may remain in the area after 3:00 p.m. For

those lands lying south of Illinois Route 154 and north of Illinois

Route 13, the legal hunting hours shall be from statewide opening

hour until statewide closing hour.

B) All waterfowl hunting parties must use at least 612 decoys.

Hunting is allowed on a first-come, first-served basis.

C) It is unlawful to leave duck and goose decoys unattended. Decoys

must be picked up at the end of each day's hunt.

D) All waterfowl hunters must register prior to hunting each day of

the waterfowl season at the nearest check station, and must sign

out and record their harvest daily before they exit the area.

E) The following regulations apply to the Doza Creek Waterfowl

Management Area:

i) No waterfowl hunters may enter the area before 4:30 a.m.

each day of the waterfowl hunting season. No waterfowl

hunters may remain in the area after 3:00 p.m.

ii) Only waterfowl, coot, archery deer and fall archery turkey

hunting (as provided by 17 Ill. Adm. Code 670 and 720)

allowed in this area during the duck hunting season.

iii) For the first 4 days of the duck season, all waterfowl

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ILLINOIS REGISTER 11509

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

hunting must occur within 10 yards of an assigned,

numbered stake. Staked hunting locations shall be allocated

on a daily draw basis at the Highway 154 Boat Ramp at

4:00 a.m. Hunters shall register as parties for the drawing;

each party drawn shall be allowed to select a staked

location in order drawn; only those hunters registered in a

party shall be allowed to hunt with their party; no less than

2 hunters and no more than 4 hunters per party; moving

from staked location to staked location is not allowed.

Staked locations not allocated during the drawing will not

be hunted that day. Starting on day 5 and for the remainder

of the waterfowl season, hunting is allowed on a first-come,

first-served basis and hunting need not occur by a stake.

Waterfowl hunters must maintain a distance of 200 yards

between hunting parties.

iv) Electric trolling motors only may be used. All other motors

must be removed or made inoperable.

F) Handicapped accessible waterfowl hunting blind (Dry Lake Access

Area)

i) Application for hunting dates should be received at the site

office September 1-10 and will be allocated on a first

request basis or via a drawing, if needed.

ii) Three hunters are allowed in the blind. At least one hunter

must have a P-2 handicapped certification.

iii) Hunters must sign in/out and report harvest at check station

after hunting.

29) Kickapoo State Recreation Area (2)

A) Hunting permitted only within 10 yards of staked sites.

B) Hunters must hunt in parties of no more than 4 hunters per party.

C) Hunters must sign in, sign out, and report harvest.

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ILLINOIS REGISTER 11510

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

D) Hunting hours are from legal opening to 1:00 p.m. during regular

Illinois duck hunting season and statewide hours from the day after

duck season closes until Canada goose season closes in the

waterfowl hunting zone in which the site is located.

30) Kinkaid Lake State Fish and Wildlife Area (1)

31) Lake Calumet and entrance channel to Calumet River (1)

32) Lake Michigan (1)

33) Mermet Lake State Fish and Wildlife Area

A) No fishing on the area during duck season.

B) Hunting hours are from legal opening until 1:00 p.m. each day,

except the last 3 days of duck season, when hunting shall be

allowed until sunset.

C) Manned check station will be closed Christmas Day and every

Sunday and Monday during regular duck hunting season. Walk-in

hunting will be allowed on Sundays and Mondays.

D) Blind/pool sites shall be allocated on a daily drawing basis at the

manned waterfowl check station 90 minutes before legal hunting

time (except Sunday and Monday when the manned check station

is closed). One additional drawing will be held at the manned

check station at 9 a.m. for any unoccupied waterfowl blinds/pools.

E) Hunters shall register as a party/group of up to 4 hunters for the

drawing (except on the statewide youth waterfowl hunting day, as

authorized in 17 Ill. Adm. Code 685.110(c) when 5 people may

occupy a blind/pool at one time if the party includes 2 youth

hunters); each party/group drawn shall be allowed to select a

blind/pool in the order drawn; only those hunters registered in that

party/group shall be allowed to hunt with the party.

F) Upon allocation of blinds/pools, all hunting parties/hunters must

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ILLINOIS REGISTER 11511

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

accept and hunt the blind/pool chosen, or reject the allocation of

the blind/pool immediately. All those rejecting the allocation of a

blind/pool shall be ineligible to hunt within the blind/pool area for

the remainder of that day. Individual hunters, or hunting parties,

can only be allocated one blind/pool per day.

G) Hunters must occupy their blinds/hunting area within one hour

after registering at the manned check station.

H) Waterfowl hunters must have their waterfowl hunting tag filled out

with the date and blind/stake number or hunting location. The card

must be in possession of the hunter while hunting. All waterfowl

harvested must be reported on the waterfowl hunting tag and

returned daily to the drop box at the hunter check station no later

than 2:00 p.m.

I) All hunters must park in designated areas only. All areas are

marked with corresponding numbers or area designations. Only

one vehicle per hunting party will be allowed, unless approval is

granted by check station operator.

J) Within the blind/pool area, a minimum of 612 decoys per hunting

party are required while hunting waterfowl. No decoys are

required within the walk-in areas. All decoys must be removed

from the area at the end of the day's hunt.

K) A 25 shotgun shell limit per hunter, per day, applies on this area.

It is unlawful for a hunter to have in his or her possession more

than 25 shotgun shells while on the site.

L) Hunting must be from allocated blind (or within 10 yards of blind)

or pool location. Hunters may hunt other designated waterfowl

hunting areas that do not have blinds or pools; however, they must

maintain a minimum distance of 200 yards from the nearest

blind/pool or other hunting parties.

M) Attempts to claim a blind/pool by any manner other than actual

occupation shall be considered in violation of this Part and shall be

cause for arrest. Insertion of a boat into a boat hide and/or the

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ILLINOIS REGISTER 11512

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

spread of decoys before a blind/pool shall not be considered legal

occupation of a blind/pool.

N) Due to safety factors, persons under 16 years of age shall not hunt,

or attempt to hunt, unless accompanied by a parent, legal guardian,

or person designated by the parent or guardian who is 18 years of

age or older.

O) Claiming or attempting to claim any blind/pool that is legally

occupied and/or harassing, in any manner, the occupants of a

blind/pool that is legally occupied is unlawful.

P) Boats without motors may be used within the walk-in areas.

34) Middle Fork State Fish and Wildlife Area (2)

A) Hunting is restricted to the Vermilion River and its flood waters.

B) Hunters must hunt in parties of no more than 4 hunters per party.

C) Hunters must sign in, sign out, and report harvest.

D) Hunting hours are from legal opening to 1:00 p.m. during regular

Illinois duck hunting season and statewide hours from the day after

the duck season closes until the Canada goose season closes in the

waterfowl hunting zone in which the site is located.

35) Newton Lake State Fish and Wildlife Area

A) Blind sites shall be allocated by a daily drawing to be conducted at

4:30 a.m. Blind sites not selected during the drawing (or in the

event that personnel are not available to conduct drawing) shall be

allocated on a first-come, first-served basis until one hour before

shooting time; and then after 9:00 a.m. All hunters must register

before entering the hunting area. Hunting hours end at 1:00 p.m.;

all hunters must be off the water or out of the field by 2:30 p.m.

daily.

B) Upon vacating their blinds, all hunters must place their completed

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ILLINOIS REGISTER 11513

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

harvest cards in the collection box located at the boat ramp or site

headquarters.

C) There will be duly posted waterfowl refuges. These areas shall be

closed to all boat traffic and boat fishing during the waterfowl

season.

D) No more than 4 persons shall occupy a blind at one time.

E) The west arm of the lake shall be closed to all waterfowl hunting.

F) Blind sites shall be determined by the Department of Natural

Resources and marked with numbered stakes. When it is deemed

necessary, the Department shall remove, move or close blind sites

in order to carry out the operations of the overall management

program.

G) Hunters wishing to move to another vacant blind location may do

so on a first-come, first-served basis, providing they include the

blind change on the harvest card and report their kill for each

blind. If hunters do not occupy the stake they have drawn by legal

shooting time, they forfeit the right to the staked hunting location.

H) Access to water blind sites shall be by boat only and from the east

side boat ramps. Access to land sites shall be by walk-in only and

from nearby hunter parking lots. No parking is allowed along

county roads.

I) All water hunting must be from one portable blind or one anchored

portable boat blind located between the assigned numbered stakes,

no more than 10 yards from shore. All land hunting must be done

from a position within 50 feet of the assigned numbered stake.

J) Crippled waterfowl that fall on land, other than areas designated as

refuge, shall be retrieved by foot. However, no gun may be carried

while attempting to recover such birds.

K) Blind site water: A position between 2 like numbered stakes

where a blind may be located. Blind site land: A position within

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ILLINOIS REGISTER 11514

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

50 feet of numbered stakes where a hunter may set up or a

temporary blind may be located.

L) Fishing shall be prohibited in the east arm of the lake during the

waterfowl season.

M) Each party must hunt over a minimum of 612 decoys, and all

decoys must be removed at the end of each day's hunt.

N) When it is deemed necessary for public safety reasons, such as

flooding, high winds, or heavy fog, the Department will close the

lake area to all fishing and all boating activity except for non-water

hunting programs.

O) This site is closed to all users except firearm deer hunters during

the firearms deer seasons.

P) During the last 3 days of Canada Goose season, hunting hours shall

close at sunset daily.

36) Oakford State Conservation Area (2)

37) Pyramid State Park – Captain, Denmark, East Conant and Galum Units (2)

A) Hunting hours are from legal opening to 1:00 p.m.; hunters must

be out of the field by 2:00 p.m.

B) Each hunting party is required to hunt over a minimum of 612

decoys; all decoys must be picked up at the end of each day's hunt.

C) Hunters participating in daily lottery for blinds or staked sites must

register as a group not to exceed 4 hunter names per card. A

hunter's name may not appear on more than one lottery card.

D) Blind sites will be allocated by daily drawing during duck season

at a location designated by the site beginning at 4:30 a.m. in

November, 5:00 a.m. in December and 5:30 a.m. in January. All

hunting must occur within 10 yards of an assigned, numbered

stake, except for stakes identified at the check station where

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ILLINOIS REGISTER 11515

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

hunters may hunt from any place in the wetland in which the stake

is located. There will be no moving to staked locations after initial

drawing.

E) Successful participants must have their lottery card stamped with

the date and blind number. The card must be in the possession of

the hunter or group while hunting. Waterfowl harvested must be

reported on blind selection card and returned daily to a hunter

check station box.

F) Waterfowl hunters not participating in daily draw must report their

harvest on site hunting permit by February 15.

G) Waterfowl hunters not participating in the daily lottery for staked

sites may not access Pyramid State Park property until 4:30 a.m. in

November, 5:00 a.m. in December and 5:30 a.m. in January.

H) Waterfowl hunters may not hunt on main lakes other than staked

locations, with the exceptions of Goldeneye and Redhead Lakes in

the Galum Unit. Hunters may hunt crop fields and wetlands that

have not been staked; however, they must be a minimum of 200

yards from the nearest staked location or another hunter.

I) No waterfowl hunting is allowed within 200 yards of the Captain

or Denmark Unit Waterfowl Rest Area or within 100 yards of any

private property boundary.

J) The land and water portion of the Captain Unit Waterfowl Rest

Area is closed to all entry from October 28 through February 28.

The location of the Captain Unit Waterfowl Rest Area is described

as follows: All land and water west of Panda Bear Road north to

Northern Haul Road, then south on Beltline Road to Western Haul

Road, then east on Pyatt-Cutler Road.

K) The land and water portion of the Denmark Unit Waterfowl Rest

Area is closed to all entry from October 28 through February 28

and closed to all waterfowl hunting during other periods.

L) After duck season is closed and during the Canada goose hunting

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ILLINOIS REGISTER 11516

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

season, hunters may not possess more than 5 shot shells for every

Canada goose allowed in the daily bag.

M) The area is closed to waterfowl hunting on Mondays and

December 25.

38) Ray Norbut State Fish and Wildlife Area (1) (2)

39) Rend Lake Project Lands and Waters

A) All waterfowl hunters and all boats must be out of the Casey Fork

and Big Muddy subimpoundments by 2:00 p.m. each day of the

waterfowl season and not return until 4:30 a.m., except during the

last 3 days of the Canada goose season, hunters must be out of the

areas by one hour after sunset and not return until 4:30 a.m.

B) No hunting permitted from the subimpoundment dams.

C) While waterfowl hunting, no one may have in his/her possession

any tool or device designed to cut brush or limbs, except common

hunting knives and pocket knives.

D) No waterfowl hunting permitted within 200 yards of the refuge

boundary, or within 100 yards of any private property boundary.

E) All boat traffic is prohibited from entering the subimpoundments

from the closing of youth waterfowl season until opening day of

regular waterfowl season.

F) All waterfowl hunters must sign in prior to hunting and sign out

and report their harvest at the end of each day's hunt.

G) Air boats will not be allowed in the Casey Fork

Subimpoundment, the Big Muddy subimpoundment, and the

impoundments on Corps of Engineers' managed areas such as

Atchison Creek, Gun Creek and Rend City Wetland during the

regular duck, youth waterfowl and Canada goose seasons. When

ice conditions do not allow access at boat ramps by normal

watercraft, then air boats can be used in the Casey Fork and Big

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ILLINOIS REGISTER 11517

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Muddy subimpoundment.

H) Permanent blinds at the Whistling Wings Access Area shall be

regulated as follows:

i) During goose season, a separate drawing will be held for

the pits at Whistling Wings. This drawing will be held at

the Cottonwood check station following the drawing for

staked hunting sites. Hunters may not register for more

than one drawing per day. Unsuccessful hunters in the

drawing for Whistling Wings pits may select any

unclaimed staked location after the drawings.

ii) Hunters who wish to hunt together must register as a

hunting party and be present at the drawing.

iii) All hunters must have the registration card from the check

station in their possession while hunting.

iv) Hunting parties can only hunt from the pit location that

they chose in that day's drawing. No moving to or hunting

from any other pit location is allowed.

v) No more than 6 dozen decoys may be used per pit.

vi) No more than 4 hunters will be allowed in a pit or hunting

party.

I) Each hunting party is required to hunt over a minimum of 612

decoys at each blind site, and all decoys must be picked up at the

end of each day's hunt.

J) During the last 3 days of Canada goose season, hunting hours shall

close at sunset daily.

K) The land and water portion of the Rend Lake Refuge is closed to

trespassing during waterfowl season. The location of the Rend

Lake Refuge is described as follows:

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ILLINOIS REGISTER 11518

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

i) Bounded on the south by a buoy line, approximating the

Jefferson-Franklin County Line.

ii) Bounded on the east by a buoy line and/or signs

approximating the channel of the Casey Fork Creek.

iii) Bounded on the west by a buoy line and/or signs

approximating the channel of the Big Muddy River.

iv) Bounded on the north portion of the Big Muddy River by a

buoy line and/or signs approximating a line which would

extend west from Ina, Illinois.

v) Bounded on the north portion of the Casey Fork Creek by

the Casey Fork Subimpoundment Dam.

vi) Bounded on Nason Point by refuge boundary signs at

project limits.

L) After the close of regular duck season, goose hunters may not

possess more than 5 shot shells for every Canada and white-front

goose allowed in the daily bag limit.

M) Staked Hunting Areas – Those areas designated as a staked hunting

area will be publicly announced and the following regulations will

apply:

i) All hunting must occur within 10 yards of an assigned,

numbered stake except for stakes identified at the check

station where hunters may hunt from any place in the field

in which the stake is located.

ii) Stakes will be assigned via a daily drawing held at 4:00

a.m. during November, 4:30 a.m. in December and 5:00

a.m. in January.

iii) Check station at the Bonnie Dam Access Area will be

operated on a daily basis through the second weekend of

the waterfowl season. Thereafter, Bonnie Dam check

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ILLINOIS REGISTER 11519

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

station will only be open on weekends and holidays as

posted at the check station. Cottonwood Access Area will

be operated on a daily basis throughout the waterfowl

season for both Bonnie Dam and Cottonwood Hunting

Areas. Hunters who wish to hunt together at a staked

location must register as a hunting party and be present for

the drawing. Only those persons in that party may hunt at

the assigned stake. No more than 5 persons shall be in a

hunting party.

iv) All hunters must register at the check station. Hunters

arriving at the check station after the initial draw will have

the opportunity to select any stakes that are still available

up to one hour before legal shooting time. Hunters may

enter the subimpoundment up to ½ hour before legal

shooting time or between 9:00 a.m. and 9:30 a.m.

v) Hunting parties can only hunt from the staked hunting

location that they chose in that day's drawing. No moving

to or hunting from any other staked hunting location is

allowed. Once a staked hunting location is killed out, no

other hunting party may hunt from that stake for the

remainder of that day.

vi) When hunting parties have killed their legal daily bag limit

of ducks (not including coots and mergansers) and/or

Canada geese in respect to the legal hunting season dates

they must vacate the hunting site.

vii) Hunters must sign in and out and report their harvest on the

cards at the access area where they launch.

40) Saline County State Conservation Area (1) (2)

A) Waterfowl hunting is allowed north of the township road only.

B) Walk-in hunting only.

41) Sam Dale Lake State Fish and Wildlife Area (1) (2)

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ILLINOIS REGISTER 11520

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

42) Sanganois State Fish and Wildlife Area

A) Hunters using the main walk-in hunting area from opening day of

the Central Zone duck season through the first Sunday of the

Central Zone duck season must have a permit issued from the site

office. Procedures for issuance of permits will be publicly

announced.

B) Hunters using the walk-in area shall use the check station at the

headquarters area located 8 miles northwest of Chandlerville just

off Route 78 or the check station on the west side of the Illinois

River one mile north of Browning near Route 100.

C) Walk-in waterfowl hunting shall be permitted only in the area

posted for this purpose.

D) All hunters using a walk-in area must report to the check station to

fill out information cards and to turn in hunting licenses or valid

photo identification (example: Firearm Owner's Identification

Card, driver's license) before proceeding to area.

E) Topper's Hole is a walk-in area accessed by boat only, no check-in,

check-out, no permanent blinds, hunting parties must stay at least

200 yards apart, hunting parties shall hunt over no less than 612

decoys, daily hunting hours are legal shooting hours through 1:00

p.m. CST.

F) The Baker tract is a lottery-draw walk-in area with 4 separate

hunting compartments. One party of hunters (up to 4 hunters per

party) will be permitted to hunt in each hunting compartment. The

allocation of the 4 Baker tract hunting compartments will be by

drawing the morning of the hunt, 1 hour and 15 minutes prior to

legal shooting hours on Tuesday, Thursday and Saturday of the

Central Zone waterfowl season, except during firearm deer season,

at which time the Baker tract is closed to waterfowl hunting.

Parties must register for the draw together on the same card.

G) Upon the completion of hunting, hunters must report to the check

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ILLINOIS REGISTER 11521

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

station within one hour.

H) Fishing is prohibited in the impoundment areas during the duck

season, except that walk-in only access for fishing from the bank is

permitted after 1:00 p.m.

I) No person shall trespass on the Barkhausen Refuge during the

period from October 1 through end of goose season.

J) No person shall trespass on the Marion-Pickerel Waterfowl Refuge

during the period from October 1 through the last day of the

waterfowl season, unless prior permission for a specific reason

(such as access to private land or to retrieve dead or wounded

game) is granted by the site superintendent.

K) When the Central Zone goose season extends beyond the duck

season, goose hunting shall be permitted with statewide hunting

hours in effect. Hunters need not occupy a blind. All hunting

must be conducted within non-refuge areas.

L) No hunting permitted from the walk-in area subimpoundment

levee.

M) Hunters may use boats without motors in the walk-in area; the

construction and/or use of permanent blinds in the walk-in area is

prohibited.

43) Sangchris Lake State Park

A) During the last 3 days of the regularly scheduled Canada goose

season, hunting hours will close at statewide closing.

B) Blind sites shall be allocated by a daily drawing to be conducted 90

minutes prior to hunting time. Blind sites not selected during the

drawing (or in the event that personnel are not available to conduct

the drawing) shall be allocated on a first-come, first-served basis.

(During that portion of the Canada goose season that follows the

duck season, the west side goose pit area, the west arm blind sites

and east arm blind sites south of power lines shall be available for

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ILLINOIS REGISTER 11522

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

goose hunting and shall be allocated on a daily drawing basis to be

held at 5:30 a.m. daily.)

C) During that portion of the light goose season which follows the

regular Canada goose season, the west-side goose pit area blinds,

and designated fields west of the west boat ramp shall be available

daily on a first-come, first-served basis. Hunters must sign in at

the appropriate parking area no earlier than 5 a.m.

D) All hunting must be from registered blind sites only and hunters

must occupy their blinds within one hour after registering at the

check station.

E) Upon vacating their blinds, hunters must place their completed

harvest cards in the collection boxes located at either the east or

west boatdock.

F) There will be a duly posted waterfowl refuge. These areas shall be

closed to all boat traffic (except as allowed in subsection

(b)(43)(K)) and boat fishing during the waterfowl season. Bank

fishing along the dam shall be permitted.

G) No more than 4 persons shall occupy a blind at one time.

H) The center arm of the lake shall be closed to all waterfowl hunting.

I) Blind sites shall be determined by the Department of Natural

Resources and marked with a numbered stake. When it is deemed

necessary, the Department of Natural Resources shall remove,

move or close blind sites in order to carry out the operations of the

overall management program.

J) Hunters wishing to move to another blind location may do so after

10 a.m. providing they include the blind change on the harvest card

and report their kill for each blind.

K) Access to water blind sites shall be by boat only and from

designated boat launch sites. Corridors located along the edges of

the existing refuge will be established to provide access to all

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ILLINOIS REGISTER 11523

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

available blind sites as designated by site superintendent when

conditions warrant.

L) All hunting must be from one portable blind or one anchored

portable boat blind located within a numbered cove and between

the assigned numbered stakes or from one Department designated

blind or pit.

M) Crippled waterfowl that fall on land, other than areas designated as

refuge, shall be retrieved by foot. However, no gun may be carried

while attempting to recover such birds.

N) No unauthorized pits or blinds shall be built on State managed

land.

O) Blind sites: A position between 2 like numbered stakes within a

cove or other Department designated site where a blind may be

located.

P) Fishing shall be prohibited in the east and west arms of the lake

during the period from 10 days prior to the duck season through

the end of the duck season, unless the youth waterfowl hunt is

more than 10 days before the regular duck season, then the east

and west arms will be closed to accommodate the youth waterfowl

hunt. Fishing shall be prohibited in the west arm of the lake and

the east arm of the lake south of the power lines during that portion

of the Canada goose season that follows the duck season.

Q) Each party must hunt over a minimum of 612 decoys, and all

decoys must be removed at the end of each day's hunt.

R) When it is deemed necessary for public safety reasons, such as

flooding, high winds, or heavy fog, the Department of Natural

Resources will close the lake area to all fishing and all boating

activity except for non-water hunting programs.

S) During flood conditions, waterfowl hunters may hunt the tailwaters

of Sangchris Lake dam including Clear Creek and the South Fork

of the Sangamon River. Decoys must be removed at the end of

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ILLINOIS REGISTER 11524

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

each day's hunt.

T) West-side goose pit area blinds will be available every day each

week except Tuesday and Wednesday, through the regular Canada

goose season, except for the Tuesday and Wednesday preceding

the last day of the Canada goose season.

U) Hunters in the west-side goose pit area may not possess more than

5 shot shells for every Canada goose allowed in the daily bag limit

after the close of the Central Zone duck season.

V) All blinds will be closed during the first day of the second firearm

deer season; hunting hours will be from statewide hunting hours

until 10:00 a.m. the remaining days of the second firearm deer

season.

44) Shawnee National Forest, Upper and Lower Bluff Lakes

Goose hunting is prohibited at Lower Bluff Lake. Legal entry time is 4:30

a.m. and exit time is 2:00 p.m. for all hunters in flooded management

compartments.

45) Shawnee National Forest, LaRue Scatters

All hunting must be by walking in or in boats without motors. Legal entry

time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters in flooded

management compartments.

46) Shawnee National Forest, Oakwood Bottoms (Green Tree Reservoir west

of the Big Muddy levee)

A) All hunting must be by walking into the area.

B) Each hunting party must hunt over a minimum of 612 decoys in

Compartments 19, 20 and 21.

C) No person shall tamper with or attempt to manipulate any of the

gates, pumps or structures in the subimpoundment area.

D) Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all

hunters in flooded management compartments.

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ILLINOIS REGISTER 11525

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

47) Shelbyville State Fish and Wildlife Area (2)

A) Waterfowl hunting shall be permitted as described in this

subsection (b)(47) except in duly posted restricted and "No

Hunting" areas.

B) Waterfowl hunting in the Fish Hook, North Dunn, McGee, and

Jonathan Creek Waterfowl Areas shall be allotted by a daily

drawing for the first 2 days of the regular waterfowl season.

Parties must register for drawings between 4:00 a.m. and 5:00 a.m.

Central Standard Time at the check station on those days. Each

party drawn shall be allowed to choose one of the staked sites in

the waterfowl area. Parties must select sites in the order they are

drawn. Maximum party size is 4 persons. In addition, the

following regulations shall apply.

i) All parties must hunt within 10 yards of their assigned

stake.

ii) All parties must be in place by ½ hour before hunting time.

iii) All parties are required to report their harvest by 2:00 p.m.

following each hunt.

C) Hunting in the Jonathan Creek, North Dunn and McGee Waterfowl

Areas shall be restricted to designated, staked sites on a first-come,

first-served basis except as noted in this subsection (b)(47)(C).

Hunting in the Fish Hook Area shall be restricted to designated,

staked sites on a first-come, first-served basis for the first 14 days

of the Illinois Central Zone duck season, except as noted in this

subsection (b)(47)(C). A hunting party must hunt within 10 yards

of the stake.

D) Each hunting party in the Fish Hook, Dunn, Jonathan Creek and

McGee Waterfowl Areas is required to hunt over a minimum of

612 decoys.

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ILLINOIS REGISTER 11526

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

E) Motors of over 10 horsepower shall not be operated in the Fish

Hook, Jonathan Creek, Dunn and McGee Waterfowl Areas.

F) Waterfowl hunting only is permitted in the Fish Hook, Dunn,

Jonathan Creek and McGee Waterfowl Areas during the regular

waterfowl season, except that pheasant, rabbit and quail hunting is

permitted after 1:00 p.m. daily beginning the day after the close of

the Central Zone Duck Season.

G) During the regular waterfowl season, only licensed waterfowl

hunters with valid site waterfowl permits who are in the pursuit of

waterfowl are permitted on the Kaskaskia River from the

Strickland Boat Access north to the Illinois Central Railroad bridge

from ½ hour before sunrise until 1:00 p.m.

48) Sielbeck Forest State Natural Area (1) (2)

49) Stephen A. Forbes State Recreation Area

A) On the main lake hunting is allowed from a boat blind only in the

designated areas.

B) Only walk-in hunting is allowed in the subimpoundment.

C) Hunting shall be allowed on a first-come, first-served basis. All

hunters must use 612 decoys, minimum.

D) Hunters must sign in and out and report harvest.

50) Ten Mile Creek State Fish and Wildlife Area (1) (2)

A) Each hunting party is required to hunt over a minimum of 612

decoys at each blind site, and all decoys must be picked up at the

end of each day's hunt.

B) Areas designated as Rest Areas are closed to all access during the

Canada Goose Season only.

51) Turkey Bluffs State Fish and Wildlife Area (1)

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ILLINOIS REGISTER 11527

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

All hunters must sign in and out and report kill.

52) Union County State Fish and Wildlife Area (Firing Line Waterfowl

Management Area)

A) Blind and stake sites shall be allocated on a daily draw basis at the

site shop building 60 minutes prior to hunting time. Hunters shall

register as parties for the drawing; each party drawn shall be

allowed to select a blind or stake site in order drawn; only those

hunters registered in a party shall be allowed to hunt with their

party; no less than 2 hunters and no more than 4 hunters per party;

persons under the age of 16 shall not be allowed to hunt unless

accompanied by an adult.

B) Blinds and stakes not allocated during the drawing will not be

hunted that day. Moving from location to location is not allowed.

C) Access to hunting sites is from the hunter parking lot located south

of the blind area only.

D) Each hunting party must hunt over a minimum of 612 decoys.

Decoys must be picked up immediately after the hunt is over.

E) Hunting hours end at 12:00 p.m. and all hunters must be out of the

area by 1:00 p.m. Daily entry into the area is restricted until after

the drawing for hunting sites.

F) Area closed to hunting on Mondays, Tuesdays and December 24-

28. The site shall be open only for the Illinois Youth Waterfowl

Hunt on December 28, pursuant to 17 Ill. Adm. Code 685.110.

G) When duck season is closed, hunters may not possess more than 5

shot shells for every Canada goose allowed in the daily bag limit.

53) Weinberg-King State Park – Spunky Bottoms Unit (1) (2)

54) Wise Ridge State Natural Area (1)

(Source: Amended at 44 Ill. Reg. 11483, effective June 29, 2020)

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ILLINOIS REGISTER 11528

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: White-Tailed Deer Hunting By Use of Firearms

2) Code Citation: 17 Ill. Adm. Code 650

3) Section Number: Adopted Action:

650.22 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24,

2.25, 2.26, 2.33 and 3.36 of the Wildlife Code [520 ILCS 5].

5) Effective Date of Rule: June 29, 2020

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rule, including all material incorporated by reference, is on file in

the Department of Natural Resources' principal office and is available for public

inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5634, April 3, 2020

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

11) Differences between Proposal and Final Version: None

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

agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to amend procedures

at special hunt areas.

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

John Heidinger, Legal Counsel

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ILLINOIS REGISTER 11529

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

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

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ILLINOIS REGISTER 11530

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

TITLE 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 650

WHITE-TAILED DEER HUNTING BY USE OF FIREARMS

Section

650.10 Statewide Season and Permit Quotas

650.20 Statewide Deer Permit Requirements

650.21 Deer Permit Requirements – Landowner/Tenant Permits

650.22 Deer Permit Requirements – Special Hunts

650.23 Deer Permit Requirements – Group Hunt

650.30 Statewide Requirements for Hunting Devices

650.40 Statewide Deer Hunting Rules

650.45 Reporting Harvest

650.50 Rejection of Application/Revocation of Permits

650.60 Regulations at Various Department-Owned or -Managed Sites

650.65 Youth Hunt (Repealed)

650.66 Special Hunts for Young Hunters

650.67 Special Hunts for Disabled Hunters

650.70 Special Extended Season Firearm Deer Hunt (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26,

2.33 and 3.36 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 9771, effective September 17, 1981; codified at 5 Ill. Reg.

10640; amended at 6 Ill. Reg. 10730, effective August 20, 1982; amended at 7 Ill. Reg. 10798,

effective August 24, 1983; amended at 8 Ill. Reg. 21602, effective October 23, 1984; amended at

9 Ill. Reg. 16213, effective October 10, 1985; emergency amendment at 9 Ill. Reg. 20922,

effective December 18, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 4223,

effective February 25, 1986; amended at 10 Ill. Reg. 16665, effective September 22, 1986;

amended at 11 Ill. Reg. 3044, effective February 3, 1987; amended at 11 Ill. Reg. 9564, effective

May 5, 1987; amended at 12 Ill. Reg. 8003, effective April 25, 1988; amended at 12 Ill. Reg.

12055, effective July 11, 1988; amended at 13 Ill. Reg. 12853, effective July 21, 1989; amended

at 14 Ill. Reg. 12430, effective July 20, 1990; amended at 14 Ill. Reg. 19869, effective December

3, 1990; amended at 15 Ill. Reg. 10038, effective June 24, 1991; emergency amendment at 15 Ill.

Reg. 15790, effective October 22, 1991, for a maximum of 150 days; emergency expired March

21, 1992; amended at 16 Ill. Reg. 11131, effective June 30, 1992; amended at 17 Ill. Reg. 13468,

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ILLINOIS REGISTER 11531

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

effective July 30, 1993; amended at 18 Ill. Reg. 5859, effective April 5, 1994; amended at 18 Ill.

Reg. 13431, effective August 23, 1994; amended at 19 Ill. Reg. 6477, effective April 28, 1995;

amended at 20 Ill. Reg. 7515, effective May 20, 1996; amended at 21 Ill. Reg. 5572, effective

April 19, 1997; amended at 21 Ill. Reg. 9116, effective June 26, 1997; amended at 22 Ill. Reg.

8007, effective April 28, 1998; amended at 23 Ill. Reg. 5564, effective April 26, 1999; amended

at 24 Ill. Reg. 8971, effective June 19, 2000; amended at 24 Ill. Reg. 10260, effective July 1,

2000; amended at 25 Ill. Reg. 7231, effective May 22, 2001; amended at 26 Ill. Reg. 9319,

effective June 17, 2002; amended at 27 Ill. Reg. 10009, effective June 23, 2003; emergency

amendment at 27 Ill. Reg. 17270, effective November 10, 2003, for a maximum of 150 days;

Section 650.60 of the emergency rules expired April 8, 2004; amended at 28 Ill. Reg. 353,

effective December 19, 2003; amended at 28 Ill. Reg. 8039, effective May 26, 2004; amended at

29 Ill. Reg. 9718, effective June 24, 2005; emergency amendment at 29 Ill. Reg. 13025, effective

August 10, 2005, for a maximum of 150 days; emergency expired January 1, 2006; amended at

30 Ill. Reg. 12155, effective June 28, 2006; amended at 31 Ill. Reg. 8169, effective May 25,

2007; amended at 32 Ill. Reg. 9300, effective June 13, 2008; amended at 33 Ill. Reg. 11534,

effective July 27, 2009; amended at 34 Ill. Reg. 4800, effective March 19, 2010; amended at 35

Ill. Reg. 10710, effective June 23, 2011; amended at 36 Ill. Reg. 13419, effective August 10,

2012; amended at 37 Ill. Reg. 14888, effective August 30, 2013; amended at 38 Ill. Reg. 22742,

effective November 18, 2014; amended at 39 Ill. Reg. 7643, effective May 18, 2015; amended at

40 Ill. Reg. 10545, effective July 20, 2016; amended at 41 Ill. Reg. 8639, effective June 28,

2017; amended at 41 Ill. Reg. 15784, effective December 18, 2017; amended at 42 Ill. Reg.

13114, effective June 22, 2018; amended at 43 Ill. Reg. 9518, effective August 23, 2019;

amended at 44 Ill. Reg. 11528, effective June 29, 2020.

Section 650.22 Deer Permit Requirements – Special Hunts

a) Special hunt sites are defined as those sites that are owned or controlled by

agencies/entities other than the Department, or sites at which the Department only

controls a portion of the property designated for deer hunting, that issue deer

hunting permits through the statewide lottery process. The Permit Office issues

deer hunting permits through a computerized drawing for the following sites, in

addition to the Department-owned or -managed sites listed in Section 650.60(i).

The permit preference system does not apply to special hunt areas or to State sites

allocating permits in the lottery.

Crab Orchard National Wildlife Refuge (the first and second season are

considered separate hunt choices, and permit applicants must specify which

season they are applying for in the County Choice or Hunt Area field of the

application; permits may be issued as antlerless-only without the normal bonus

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ILLINOIS REGISTER 11532

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

requirement; standby hunting will be allowed if additional permits are available at

the site)

Crab Orchard National Wildlife Refuge – Disabled Hunt (first season only)

Joliet Army Training Area (Will County)

Lake Shelbyville Project Lands – Disabled Hunt (first season only; permit

drawing will be conducted by Corps of Engineers' staff with permits mailed to

successful applicants by the Department; contact Corps of Engineers, Lake

Shelbyville office for application procedures/dates; additional permits will be

available for purchase at the site for any unfilled positions)

Lake Shelbyville Project Lands (Moultrie County) (it is unlawful to drive deer;

for Corps of Engineers managed lands not managed by IDNR, contact Corps of

Engineers, Lake Shelbyville office for specific deer hunting policy)

Lake Shelbyville Project Lands except Wolf Creek State Park (Shelby County) (it

is unlawful to drive deer; for Corps of Engineers managed lands not managed by

IDNR, contact Corps of Engineers, Lake Shelbyville office for specific deer

hunting policy)

Lost Mound Unit – Upper Mississippi River National Wildlife and Fish Refuge,

including Stewardship Park and Eagles Landing (DNR owned) (Saturday and

Sunday of the first firearm deer season only; hunters must attend a preseason

orientation meeting to be eligible to hunt, bonus antlerless-only permits will be

sold at site)

Lost Mound Unit – Upper Mississippi River National Wildlife and Fish Refuge,

including Stewardship Park and Eagles Landing (DNR owned) – Disabled Hunt

(Friday, Saturday and Sunday prior to the first statewide firearm deer season only;

permit drawing will be conducted by USFWS; preference given to disabled

hunters; either-sex permits; bonus antlerless-only permits and one-day standby

permits will be sold at site)

Midewin National Tallgrass Prairie (no handguns allowed; additional site pass is

required; check-in, check-out and reporting of harvest is required)

Rend Lake Project Lands – Disabled Hunt (first season only; permit drawing will

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ILLINOIS REGISTER 11533

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

be conducted by Corps of Engineers staff with permits mailed to successful

applicants by the Department; contact Corps of Engineers, Rend Lake Office for

application procedures/dates; additional permits will be available for purchase at

the site for any unfilled positions)

b) Providing false information on an application is a Class A misdemeanor (see 520

ILCS 5/2.38). Hunting deer prior to ½ hour before sunrise or after ½ hour after

sunset is a Class A misdemeanor with a $500 minimum and $5,000 maximum

fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)). Taking an

antlered deer with an antlerless permit is a Class B misdemeanor (see 520 ILCS

5/2.24). Hunting after sunset or outside the set season is a Class B misdemeanor

(see 520 ILCS 5/2.24).

(Source: Amended at 44 Ill. Reg. 11528, effective June 29, 2020)

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ILLINOIS REGISTER 11534

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: White-Tailed Deer Hunting By Use of Bow and Arrow

2) Code Citation: 17 Ill. Adm. Code 670

3) Section Number: Adopted Action:

670.60 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2, 2.5,

2.20, 2.24, 2.25, 2.26, 2.33, 3.5 and 3.36 of the Wildlife Code [520 ILCS 5].

5) Effective Date of Rule: June 29, 2020

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rule, including all material incorporated by reference, is on file in

the Department of Natural Resources' principal office and is available for public

inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5640, April 3, 2020

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

11) Differences between Proposal and Final Version: None

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

agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make statewide

program changes, open and close state-owned or -managed sites, and amend procedures

at state sites.

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

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ILLINOIS REGISTER 11535

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

John Heidinger, Legal Counsel

Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

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

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ILLINOIS REGISTER 11536

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

TITLE 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 670

WHITE-TAILED DEER HUNTING BY USE OF BOW AND ARROW

Section

670.10 Statewide Open Seasons and Counties

670.20 Statewide Deer Permit Requirements

670.21 Deer Permit Requirements – Landowner/Tenant Permits

670.30 Statewide Legal Bow and Arrow

670.40 Statewide Deer Hunting Rules

670.50 Rejection of Application/Revocation of Permits

670.55 Reporting Harvest

670.60 Regulations at Various Department-Owned or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2, 2.5, 2.20, 2.24,

2.25, 2.26, 2.33, 3.5 and 3.36 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 8888, effective August 25, 1981; codified at 5 Ill. Reg. 10641;

emergency amendment at 5 Ill. Reg. 11402, effective October 14, 1981, for a maximum of 150

days; emergency expired March 13, 1982; amended at 6 Ill. Reg. 10721, effective August 20,

1982; emergency amendment at 6 Ill. Reg. 15581, effective December 14, 1982, for a maximum

of 150 days; emergency expired May 13, 1983; amended at 7 Ill. Reg. 10790, effective August

24, 1983; amended at 8 Ill. Reg. 19004, effective September 26, 1984; amended at 9 Ill. Reg.

14317, effective September 9, 1985; amended at 10 Ill. Reg. 16658, effective September 22,

1986; amended at 11 Ill. Reg. 2275, effective January 20, 1987; amended at 12 Ill. Reg. 12042,

effective July 11, 1988; amended at 13 Ill. Reg. 12839, effective July 21, 1989; amended at 14

Ill. Reg. 14787, effective September 4, 1990; amended at 14 Ill. Reg. 19859, effective December

3, 1990; amended at 15 Ill. Reg. 10021, effective June 24, 1991; amended at 15 Ill. Reg. 16691,

effective October 31, 1991; amended at 16 Ill. Reg. 11116, effective June 30, 1992; amended at

17 Ill. Reg. 286, effective December 28, 1992; amended at 17 Ill. Reg. 13452, effective July 30,

1993; amended at 18 Ill. Reg. 5842, effective April 5, 1994; amended at 19 Ill. Reg. 7560,

effective May 26, 1995; amended at 19 Ill. Reg. 15411, effective October 26, 1995; amended at

20 Ill. Reg. 6723, effective May 6, 1996; amended at 21 Ill. Reg. 5561, effective April 19, 1997;

amended at 22 Ill. Reg. 7995, effective April 28, 1998; amended at 23 Ill. Reg. 6829, effective

May 20, 1999; amended at 24 Ill. Reg. 6908, effective April 20, 2000; amended at 25 Ill. Reg.

7217, effective May 22, 2001; amended at 25 Ill. Reg. 11471, effective August 14, 2001;

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ILLINOIS REGISTER 11537

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

amended at 26 Ill. Reg. 9356, effective June 17, 2002; amended at 27 Ill. Reg. 10025, effective

June 23, 2003; amended at 28 Ill. Reg. 9968, effective July 6, 2004; amended at 29 Ill. Reg.

9761, effective June 24, 2005; amended at 30 Ill. Reg. 12196, effective June 28, 2006; amended

at 31 Ill. Reg. 8202, effective May 25, 2007; amended at 32 Ill. Reg. 9337, effective June 13,

2008; amended at 33 Ill. Reg. 11571, effective July 27, 2009; amended at 34 Ill. Reg. 4839,

effective March 19, 2010; amended at 35 Ill. Reg. 10739, effective June 23, 2011; amended at 36

Ill. Reg. 13450, effective August 10, 2012; amended at 37 Ill. Reg. 14926, effective August 30,

2013; amended at 38 Ill. Reg. 22752, effective November 18, 2014; amended at 39 Ill. Reg.

10905, effective July 27, 2015; emergency amendment at 39 Ill. Reg. 13125, effective September

3, 2015, for a maximum of 150 days; amended at 39 Ill. Reg. 14568, effective October 20, 2015;

amended at 40 Ill. Reg. 829, effective December 29, 2015; amended at 40 Ill. Reg. 10579,

effective July 20, 2016; amended at 41 Ill. Reg. 8679, effective June 28, 2017; amended at 42 Ill.

Reg. 17610, effective September 21, 2018; amended at 43 Ill. Reg. 9537, effective August 23,

2019; amended at 44 Ill. Reg. 11534, effective June 29, 2020.

Section 670.60 Regulations at Various Department-Owned or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 (General Hunting and Trapping)

apply in this Section, unless this Section is more restrictive.

b) It is unlawful to drive deer, or participate in a deer drive, on all Department-

owned or -managed properties. A deer drive is defined as a deliberate action by

one or more persons (whether armed or unarmed) whose intent is to cause deer to

move within archery range of one or more participating hunters.

c) Only one tree stand or ground blind is allowed per deer permit holder. Tree

stands and ground blinds must comply with restrictions listed in 17 Ill. Adm.

Code 510.10(c)(3) and (c)(12) and must be portable. Tree stands and ground

blinds must be removed at the end of each day with the exception that they may

be left unattended from September 15 through January 31 at those sites listed in

this Section that are followed by a (1). Any tree stand or ground blind left

unattended must be legibly marked with the owner's name, address, and telephone

number, or site assigned identification number.

d) Check-in, check-out, and reporting of harvest is required at those sites listed in

this Section that are followed by a (2). Sites that require use of windshield cards

by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (6).

e) Where standby hunters are used to fill quotas, a drawing will be held at sites

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ILLINOIS REGISTER 11538

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

indicated by a (3).

f) Only antlerless deer or antlered deer having at least 4 points on one side may be

harvested at those sites listed in this Section that are followed by a (4).

g) Only antlerless deer or antlered deer having at least 5 points on one side may be

harvested at those sites listed in this Section that are followed by a (5).

h) Statewide regulations shall apply at the following sites:

Alvah Borah State Habitat Area (6)

* Anderson Lake State Fish and Wildlife Area (1) (2)

Apple River Canyon State Park – Thompson and Salem Units (6)

Argyle Lake State Park (1) (6)

* Banner Marsh State Fish and Wildlife Area (statewide hunting hours

except during the Central Zone duck season hunting hours 1:00 p.m. until

½ hour after sunset) (1) (2)

* Beall Woods State Park (1) (6)

* Big Bend State Fish and Wildlife Area (1) (2)

Big Grand Pierre Glade State Natural Area (1)

Big River State Forest (1) (6)

Bradford Pheasant Habitat Area (October 1-31 only) (6)

Buffalo Rock State Park/Blackball Mines Nature Preserve (2)

Burning Star State Fish and Wildlife Area (6)

Butterfield Trail State Recreation Area (6)

Cache River State Natural Area (1) (2)

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ILLINOIS REGISTER 11539

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Campbell Pond State Fish and Wildlife Area (1) (6)

Cape Bend State Fish and Wildlife Area (1) (2)

Carlyle Lake Lands and Waters (Corps of Engineers managed lands,

except Jim Hawn and East Spillway Areas)

* Carlyle Lake Lands and Waters (Corps of Engineers managed lands – Jim

Hawn and East Spillway Areas)

Carlyle Lake State Fish and Wildlife Area (except subimpoundment area

is closed 7 days prior to and during the regular waterfowl season; lands

bounded on the east by "C" levee, south by "D" levee, west by ACOE

property line, and including the posted area west of parking lot #2, will be

open the entire archery deer hunting season) (6)

Castle Rock State Park (submission of all deer heads within 48 hours after

harvest on site is required to test for the presence of Chronic Wasting

Disease) (1) (6)

Cedar Glen State Natural Area (no hunting after December 15) (1) (6)

Chauncey Marsh State Natural Area (permit obtained at Red Hills State

Park headquarters) (1) (6)

Clinton Lake State Recreation Area (6)

Coffeen Lake State Fish and Wildlife Area (6)

Collier Limestone Glade State Natural Area (1)

Copperhead Hollow State Wildlife Area (1) (6)

Crawford County State Conservation Area (1) (6)

Cretaceous Hills State Natural Area (1) (6)

Cypress Creek National Wildlife Refuge

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ILLINOIS REGISTER 11540

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Cypress Pond State Natural Area (1) (2)

Deer Pond State Natural Area (1) (2)

Des Plaines Game Propagation Center (closed Saturdays and Sundays in

October and Sundays in November, December and January) (2)

Des Plaines State Conservation Area (no hunting is permitted Wednesday

through Sunday of the site's permit pheasant season) (6)

Devil's Island State Wildlife Management Area

Dixon Springs State Park (1) (6)

Dog Island State Wildlife Management Area (1) (6)

Dublin Highlands Pheasant Habitat Area (opens statewide opening date;

however, site closes for archery deer hunting at the end of legal shooting

hours the day preceding the opening of the North Zone upland season and

reopens the day after the close of the North Zone upland season and runs

until the statewide season closes; submission of all deer heads within 48

hours after harvest on site is required to test for the presence of Chronic

Wasting Disease) (1) (2)

* Eagle Creek State Park (for Corps of Engineers managed lands not

managed by DNR, contact Corps of Engineers, Lake Shelbyville office for

specific deer hunting policy) (6)

Eldon Hazlet State Park (archery hunting is closed in the designated

controlled pheasant hunting area on days when the controlled pheasant

hunting program is in operation) (6)

Embarras River Bottoms State Habitat Area (1) (6)

Ferne Clyffe State Park (1) (2)

Finfrock State Habitat Area (October 1-31 only; eligible hunters required

to obtain Clinton Lake State Recreation Area site hunting permit) (6)

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ILLINOIS REGISTER 11541

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Flag Pond State Natural Area (1)

Flatwoods State Natural Area (1) (6)

Fort de Chartres State Historic Site (1) (2)

* Fort Kaskaskia State Historic Site (opens November 1) (2)

Fort Massac State Park (1) (6)

Fox Ridge State Park (1) (6)

Franklin Creek State Natural Area (submission of all deer heads within 48

hours after harvest on site is required to test for the presence of Chronic

Wasting Disease) (6)

French Bluff State Natural Area (6)

George S. Park Memorial Woods State Natural Area (2)

Giant City State Park (1) (2)

Goose Lake Prairie State Natural Area/Heidecke State Fish & Wildlife

Area (archery deer hunting is closed during the muzzleloader deer season)

(6)

Green River State Wildlife Area (1) (6)

Hallsville State Habitat Area (October 1-31 only; eligible hunters will use

Clinton Lake State Recreation Area site hunting permit) (1) (6)

Hamilton County State Conservation Area (1) (6)

Hanover Bluff State Natural Area (6)

Harry "Babe" Woodyard State Natural Area (6)

Henry Allen Gleason State Natural Area (6)

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ILLINOIS REGISTER 11542

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Hidden Springs State Forest (1) (6)

Hindsboro State Habitat Area (October 1 through October 31 only) (1) (6)

Horseshoe Lake State Conservation Area – Alexander County (Controlled

Goose Hunting Area – open from October 1-31; reopens with the close of

the Quota Zone goose season through statewide closing; remainder of the

Public Hunting Area open during statewide season) (1) (2)

Ilo Dillin State Habitat Area (hunting allowed during October only) (6)

Iroquois County State Wildlife Area/Hooper Branch only (1) (2) (6)

Johnson-Sauk Trail State Park (statewide regulations apply, except that,

on Wednesdays through Sundays of the site's permit pheasant season,

hunting only allowed 2:00 p.m. until sunset) (1) (6)

Jubilee College State Park (2)

Kankakee River State Park (deer bow hunters must wear a cap and upper

outer garment with at least 400 square inches of solid blaze orange/pink

between 9:00 a.m. and 3:00 p.m. on days when upland game hunting is

allowed during the site's controlled hunting season; a limited hunting

opportunity for persons with disabilities, Class P2A, exists at the Davis

Creek Bike Trail Area; disabled hunters must register to hunt at the site

office and must sign in and out daily; disabled hunters are required to hunt

with a non-disabled partner who may also hunt from predetermined

locations during the disabled hunting season (November 1 to the day

before the first firearm deer season, except campground blinds will remain

open until the close of the archery deer season and do not require a partner

to hunt) (6)

Kaskaskia River State Fish and Wildlife Area (the State-owned portion of

the defined waterfowl rest area is open until 2 weeks prior to the start of

the regular duck season through the close of the regular duck and Canada

goose seasons; no hunting within 50 yards of the Baldwin Lake Waterfowl

Rest Area's main north-south road) (1) (2 – except south of Highway 154

and north of Highway 13)

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ILLINOIS REGISTER 11543

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Kickapoo State Recreation Area (6)

Kidd Lake State Natural Area (1)

Kinkaid Lake State Fish and Wildlife Area (1) (2)

Kishwaukee River State Fish and Wildlife Area (submission of all deer

heads within 48 hours after harvest on site is required to test for the

presence of Chronic Wasting Disease) (6)

Lake Le Aqua Na State Park (submission of all deer heads within 48 hours

after harvest on site is required to test for the presence of Chronic Wasting

Disease) (6)

Larry D. Closson Habitat Area (October 1-31 only) (1)

Lincoln Trail State Park (November 1 through the end of statewide

season; open to archery deer hunting during statewide firearm deer

seasons) (2)

Little Rock Creek State Habitat Area (opens statewide opening date;

however, site closes for archery deer hunting at the end of legal shooting

hours the day preceding the opening of the north zone upland season and

reopens the day after the close of the north zone upland season and runs

until the statewide season closes) (1) (2)

Lowden-Miller State Forest (submission of all deer heads within 48 hours

after harvest on site is required to test for the presence of Chronic Wasting

Disease) (1) (6)

Lowden State Park (in October, hunting allowed on Mondays, Tuesdays,

Wednesdays and Thursdays only, excluding official State holidays;

beginning November 1, archery hunting is allowed 7 days a week) (1) (6)

Lusk Creek Canyon State Natural Area (1)

Mackinaw River State Fish and Wildlife Area (1) (6)

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ILLINOIS REGISTER 11544

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Marseilles State Fish and Wildlife Area (closed Friday, Saturday, and

Sunday in October only; no hunting after the first Thursday after January

10; all tree stands must be removed from this area no later than the last

day of the season; unauthorized personnel may not be on the site outside

of the posted check station operating hours; hunters may enter the site

only from designated parking lots) (1) (2)

Marshall State Fish and Wildlife Area (Duck Ranch Unit closed 7 days

prior to the duck season through the close of duck season) (6)

Mautino State Fish and Wildlife Area (1) (6)

Maxine Loy Land and Water Reserve (6)

Maytown Pheasant Habitat Area (hunting allowed during October only)

(6)

Mazonia/Braidwood State Fish and Wildlife Area (2) (4) (6)

Meeker State Habitat Area (1) (6)

Mermet Lake State Conservation Area (1) (6)

Middle Fork State Fish and Wildlife Area (6)

Midewin National Tallgrass Prairie (additional site hunting pass required)

(2)

Miller-Anderson Woods State Natural Area (2)

Mississippi Palisades State Park (closed during the first firearm deer

season) (1) (6)

Mississippi River Pool 16 (1)

Mississippi River Pools 17, 18 (1)

Mississippi River Pools 21, 22, 24 (1)

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ILLINOIS REGISTER 11545

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Mississippi State Fish and Waterfowl Management Area – Pools 25 and

26 (Batchtown, Crull Hollow and Godar Waterfowl Rest Areas are closed

to hunting beginning 14 days before regular duck season; areas reopen to

hunting the day after duck season closes; it is unlawful to trespass upon

the designated duck hunting areas between sunset of the Sunday

immediately preceding opening day of regular duck season through the

day before regular duck season as posted at the site; no deer hunting is

allowed within 200 yards of an occupied duck blind; during duck season

only, deer hunters may not access the designated duck hunting areas by

launching a boat at certain specifically posted boat ramps; boat ramps

reopen to deer hunters the day after duck season closes; hunting is allowed

at Red's Landing and Riprap Landing walk-in areas from 12:00 p.m. to ½

hour after sunset during duck season, statewide hours during remainder of

season) (1)

Mitchell's Grove State Nature Preserve (antlerless deer only in October;

either-sex deer from November 1 until the end of the statewide season;

closed during the muzzleloading deer season) (2)

Momence Wetlands State Natural Area (1) (6)

Moraine View State Park (archery deer hunting closed Wednesday

through Sunday during the controlled pheasant season) (1) (6)

Morrison Rockwood State Park (opens on the day following the close of

the first firearm deer season) (1) (2)

* Mt. Vernon Propagation Center (1) (2)

Nauvoo State Park (Max Rowe Unit Only) (6)

Newton Lake State Fish and Wildlife Area (6)

Oakford State Conservation Area

Paul C. Burrus State Habitat Area (formerly Hurricane Creek State Habitat

Area) (hunter quotas filled by drawing) (1) (6)

* Peabody River King State Fish and Wildlife Area (East subunit closes

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ILLINOIS REGISTER 11546

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

November 1) (1) (2)

* Pekin Lake State Fish and Wildlife Area (1) (6)

Pere Marquette State Park (1) (6)

Prairie Ridge State Natural Area (1) (6)

Pyramid State Park (4) (6)

Pyramid State Park – Captain Unit (4) (6)

Pyramid State Park – Denmark Unit (4) (6)

Pyramid State Park – East Conant Unit (4) (6)

Pyramid State Park – Galum Unit (4) (6)

Rall Woods State Natural Area (6)

* Ramsey Lake State Park (6)

* Randolph County State Conservation Area (1) (2)

Rauchfuss Hill State Recreation Area (1) (6)

Ray Norbut State Fish and Wildlife Area (6)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (6)

Ray Norbut State Fish and Wildlife Area – East Hannibal Unit (6)

* Red Hills State Park (1) (6)

Rend Lake State Fish and Wildlife Area (refuge only (south of site

headquarters) from October 1 through October 31; an antlerless deer must

be taken on the site before an antlered deer is harvested) (2)

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed

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ILLINOIS REGISTER 11547

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

areas of Rend Lake

Revis Hill Prairie State Natural Area (6)

* Rice Lake State Fish and Wildlife Area (statewide hunting hours, except

that, during the Central Zone duck season, hunting hours 1:00 p.m. until ½

hour after sunset) (1) (2)

* Rockton Bog State Natural Area (6)

Sahara Woods State Fish and Wildlife Area (6)

Saline County State Fish and Wildlife Area (1) (6)

* Sam Dale Lake State Fish and Wildlife Area (1) (6)

* Sam Parr State Park (1) (2)

Sandy Ford State Natural Area (antlerless deer only in October; either-sex

deer from November 1 until the end of the statewide season; archery deer

hunting is closed during the muzzleloader deer season) (2)

Sangamon County State Conservation Area (1)

Sanganois State Wildlife Area (Ash Swale Waterfowl Rest Area will be

closed to deer hunting during the waterfowl hunting seasons) (1) (6)

Sand Ridge State Forest (6)

* Shabbona Lake State Park (submission of all deer heads within 48 hours

after harvest on site is required to test for the presence of Chronic Wasting

Disease) (6)

Shelbyville State Fish and Wildlife Area (for Corps of Engineers managed

lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville

office for specific deer hunting policy) (1) (6)

Sielbeck Forest State Natural Area (1) (6)

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ILLINOIS REGISTER 11548

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Siloam Springs State Park (4) (6)

Siloam Springs State Park (Fall Creek Unit) (6)

Siloam Springs State Park – Buckhorn Unit (resident hunters only) (4) (6)

* Silver Springs State Park (2)

Skinner Farm State Habitat Area (1) (2)

* Snakeden Hollow State Fish and Wildlife Area (closed during goose

season; tree stands must be removed no later than the last day of archery

hunting on the site) (1) (6)

Sparks Pond State Natural Area (6)

Spoon River State Forest (1) (6)

* Spring Lake State Fish and Wildlife Area (1) (6)

* Starved Rock State Park/Matthiessen State Park/Margery C. Carlson

Nature Preserve (antlerless deer only in October; either-sex deer from

November 1 until the end of the statewide season; deer bowhunters must

wear a cap and upper outer garment with at least 400 square inches of

solid blaze orange/pink during the statewide firearm deer seasons; open to

archery deer hunting during the statewide firearm deer season only in

Zone A) (2)

* Stephen A. Forbes State Recreation Area (6)

Tapley Woods State Natural Area (6)

Ten Mile Creek State Fish and Wildlife Area (areas designated as refuge

are closed to all access during Canada goose season only) (1) (6)

Trail of Tears State Forest (1) (2)

Turkey Bluffs State Fish and Wildlife Area (1) (2)

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ILLINOIS REGISTER 11549

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Union County State Fish and Wildlife Area (Firing Line Unit open

throughout statewide season; Controlled Public Hunting Area open

October 1 through October 31) (1) (2)

Vesely Land and Water Reserve/Wilmington Shrub Prairie Nature

Preserve (6)

Walnut Point State Park (1) (6)

Wards Grove State Nature Preserve (closed during firearm deer hunting;

antlerless deer only) (6)

* Washington County State Conservation Area (1) (2)

Weinberg-King State Park (6)

Weinberg-King State Park – Cecil White Unit (6)

Weinberg-King State Park − Scripps Unit (resident hunters only) (6)

Weinberg-King State Park − Spunky Bottoms Unit (resident hunters only)

(6)

Weldon Springs State Park – Piatt County Unit (6)

Whitefield Pheasant Habitat Area (hunting allowed during October only)

(6)

* White Pines Forest State Park ( hunting allowed on Mondays, Tuesdays,

Wednesdays and Thursdays only – excluding official State holidays in

October. Beginning November 1, archery hunting is allowed 7 days a

week, excluding the site's special firearm deer season) (6)

Wildcat Hollow State Forest (1) (6)

Willow Creek State Habitat Area (hunting permitted October 1-31) (1) (6)

Winston Tunnel State Natural Area (6)

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ILLINOIS REGISTER 11550

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Wise Ridge State Natural Area (1)

Witkowsky State Wildlife Area (opens October 15) (6)

Wolf Creek State Park (for Corps of Engineers managed lands not

managed by DNR, contact Corps of Engineers, Lake Shelbyville office,

for specific deer hunting policy) (6)

Woodford State Fish and Wildlife Area (opens at the close of duck

season) (6)

i) Statewide regulations shall apply at the following sites except that hunter quotas

shall be filled by lotterymail-in drawing, using either mail-in paper applications or

online (electronic) applications:

Beaver Dam State Park (an antlerless deer must be taken on the site before

an antlered deer is harvested; harvest reports are due to the site by

December 31; failure to submit report shall result in the loss of hunting

privileges at the site for the following year) (1)

Bohm Woods State Nature Preserve (an antlerless deer must be taken on

the site before an antlered deer is harvested; harvest reports are due to the

site by January 31; failure to submit report shall result in the loss of

hunting privileges at the site for the following year) (1)

* Frank Holten State Park (opens November 1; crossing of Harding Ditch

within confines of site allowed; no hunting from Harding Ditch right-of-

way; drawing for weekly hunter quotas will be held prior to the season;

display windshield card while hunting; harvest report due to site by

January 31, failure shall result in ineligibility to hunt at the site the

following year) (1, starting October 15) (6)

Goode's Woods State Nature Preserve (an antlerless deer must be taken on

the site before an antlered deer is harvested; harvest reports are due to the

site by January 31; failure to submit report shall result in the loss of

hunting privileges at the site for the following year) (1)

* Horseshoe Lake State Park (Madison County) (hunting in designated areas

only; an antlerless deer must be taken on the site before an antlered deer is

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ILLINOIS REGISTER 11551

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DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

harvested; harvest reports are due to the site by January 31; failure to

submit report shall result in the loss of hunting privileges at the site for the

following year) (1)

Pere Marquette State Park (hunting allowed in group camping areas only;

season begins the first weekday after camps close)

* Zoeller State Natural Area (1) (6)

j) State regulations shall apply except that hunters must obtain a free permit from

the site office. This permit must be in possession while hunting and must be

returned, and harvest reported, to the address indicated on the card before

February 15. Failure to return the permit shall result in loss of hunting privileges

at that site for the following year.

* Horseshoe Lake State Park (Madison County – Gaberet, Mosenthein and

Chouteau Island Units)

k) Statewide regulations shall apply except that no hunting is permitted on days that

the site is open to permit pheasant season.

Chain O'Lakes State Park (season opens Monday prior to opening of

permit pheasant hunting season and closes before the controlled pheasant

clean up hunt; season reopens on December 26 through close of regular

season) (3) (6)

Iroquois County State Conservation Area (permit pheasant hunting units

are closed to archery hunting on days the site is open to permit pheasant

hunting; archery hunting is open under statewide regulations in non-permit

pheasant hunting units) (6)

Wayne Fitzgerrell State Recreation Area (no bowhunting during

controlled hunts as posted at the site) (2)

l) Statewide regulations shall apply at the following sites except that nonresident

hunter quotas shall be filled by lotterymail-in drawing, using either mail-in paper

applications or online (electronic) applications. Information about specific

drawing dates and application procedures will be publicly announced. Successful

applicants will be issued a free permit from the site office. This permit must be in

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ILLINOIS REGISTER 11552

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

possession while hunting and must be returned and harvest reported to the address

indicated on the card before February 15. Failure to return the permit shall result

in loss of hunting privileges at that site for the following year.

Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit and

West Open Unit closed to archery hunting during the Youth Deer Season)

(1) (4) (6)

* Sangchris Lake State Park (site will be closed to archery deer hunting

during the second firearm deer season) (1) (4) (6)

m) Statewide regulations shall apply at this site except that hunter quotas for specific

periods shall be filled by lotterymail-in drawing, using either mail-in paper

applications or online (electronic) applications. Only Illinois residents are eligible

to apply. Information about drawing dates and application procedures will be

publicly announced.

Hennepin Canal State Trail (hunters must stay in their designated zone; an

antlerless deer must be taken on the site before an antlered deer may be

taken) (1) (6)

Illinois Beach State Park, North Dunes Nature Preserve and Illinois Beach

Nature Preserve (hunting assigned for one week periods; site-issued

windshield card must be displayed while hunting; harvest report due to

site by February 1, failure to report shall result in ineligibility to hunt at

the site the following year)

James Pate Philip State Park and Heron Woods State Habitat Area

Kickapoo State Recreation Area – Mentored Hunt (limited to designated

portions of the recreation area otherwise closed to archery deer hunting;

beginning the Monday following muzzleloader season; only applicants

with less than 3 years of deer hunting experience may apply; hunter quotas

will be filled equally with adult and youth hunters; participating hunters

must be accompanied by a non-hunting, validly licensed (Illinois hunting

license) adult who is 21 years of age or older; hunting assigned for one-

week periods; site-issued windshield card must be displayed while

hunting) (6)

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ILLINOIS REGISTER 11553

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Moraine Hills State Park

Volo Bog State Natural Area

n) Violations of site specific regulations are petty offenses (see 520 ILCS 5/2.20).

(Source: Amended at 44 Ill. Reg. 11534, effective June 29, 2020)

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ILLINOIS REGISTER 11554

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Special White-Tailed Deer Season for Disease Control

2) Code Citation: 17 Ill. Adm. Code 675

3) Section Numbers: Adopted Actions:

675.20 Amendment

675.30 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24,

2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5].

5) Effective Date of Rules: June 29, 2020

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in

the Department of Natural Resources' principal office and is available for public

inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5660, April 3, 2020

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

11) Differences between Proposal and Final Version: None

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

agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make statewide

program changes.

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

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ILLINOIS REGISTER 11555

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

John Heidinger, Legal Counsel

Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

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

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ILLINOIS REGISTER 11556

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 675

SPECIAL WHITE-TAILED DEER SEASON FOR DISEASE CONTROL

Section

675.10 Chronic Wasting Disease (CWD) Season

675.20 CWD Deer Permit Requirements

675.30 Weapon Requirements for CWD Deer Hunting Season

675.40 CWD Deer Hunting Rules

675.50 Reporting Harvest

675.60 Rejection of Application/Revocation of Permits

675.70 Regulations at Various Department-Owned or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26

and 3.36 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 29 Ill. Reg. 20454, effective December 2, 2005; amended at 31 Ill. Reg.

1874, effective January 5, 2007; amended at 31 Ill. Reg. 14822, effective October 18, 2007;

amended at 32 Ill. Reg. 19731, effective December 4, 2008; amended at 33 Ill. Reg. 11593,

effective July 27, 2009; amended at 35 Ill. Reg. 20583, effective December 9, 2011; amended at

37 Ill. Reg. 14960, effective August 30, 2013; amended at 39 Ill. Reg. 10928, effective July 27,

2015; amended at 40 Ill. Reg. 10603, effective July 20, 2016; amended at 42 Ill. Reg. 13140,

effective June 22, 2018; amended at 44 Ill. Reg. 11554, effective June 29, 2020.

Section 675.20 CWD Deer Permit Requirements

a) Hunters must have an unfilled deer permit valid for the previous firearm,

muzzleloader or youth deer season and valid for one of the open counties (see

Section 675.10(b)) or a valid CWD Season Deer Permit. A CWD Season Deer

Permit is issued for one county or special hunt area and is valid only in the county

or special hunt area stated on the permit. Unfilled firearm, muzzleloader or Youth

Deer Hunt Permitsyouth deer permits are valid only for the county for which they

were originally issued, except that Youth Deer Hunt Permits issued as part of the

statewide youth-only deer hunting season Pilot Program, as described in 17 Ill.

Adm. Code 685.20, are valid for all of the open counties and unfilled landowner

property-only hunting firearm deer permits are valid only for the farmlands the

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ILLINOIS REGISTER 11557

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

person to whom it was issued owns, leases, or rents within the open

counties/portions of counties.

1) Unfilled firearm, muzzleloader or Youth Deer Hunt Permitsyouth deer

permits that were originally issued for special hunt areas are not valid

during the CWD Season unless:

A) the hunter's name is redrawn at the daily site lottery to hunt at the

same special hunt area during the CWD Season; or

B) the special hunt area is open to persons with a county permit and

the special hunt area does not conduct a daily site lottery.

2) Sites conducting a daily site lottery will be announced publicly.

b) CWD Season Deer Permits are available over-the-counter (OTC) from

participating license vendors for a fee of $5. These permits shall be antlerless-

only.

c) For a Special Hunt Area CWD Season Deer Permit, resident hunters may apply

online at www.dnr.illinois.gov for a site-specific permit valid for one of the

Department's Special Hunt Areas. The application period begins the last Tuesday

in October and ends the fourth Monday in November. Permits will be allocated

via a lottery drawing. The fee for this permit is $17.50. These permits shall be

antlerless-only.

d) Hunters purchasing CWD Season Deer Permits must supply all necessary

applicant information to the license vendor in order to properly complete the

permit.

e) Permits are not transferable. Refunds will not be granted unless the Department

has erroneously issued the permit.

f) A $3 service fee will be charged for replacement permits. Monies derived from

this source shall be deposited in the Wildlife and Fish Fund.

g) Recipients of the CWD Season Deer Hunting Permit shall record their signature

on the permit and must carry it on their person while hunting.

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ILLINOIS REGISTER 11558

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

h) Hunting without a valid permit is a Class B misdemeanor (see 520 ILCS 5/2.24).

(Source: Amended at 44 Ill. Reg. 11554, effective June 29, 2020)

Section 675.30 Weapon Requirements for CWD Deer Hunting Season

a) The only legal weapons to take, or attempt to take, deer are shotguns,

muzzleloading rifles, and handguns and their respective ammunitions as

prescribed by 17 Ill. Adm. Code 650.30.

b) Hunters with valid, unused permits from the previous firearm, muzzleloader or

youth seasons may use only the legal firearms, as described in subsection

(a),weapons allowed by that permit in those respective seasons. Hunters with a

valid CWD Season Deer Permit may use any of the weapons described in

subsection (a).

c) It shall be unlawful to use or possess any firearm or ammunition other than

allowed by subsection (a) in the field while hunting white-tailed deer during the

CWD Deer Hunting Season. However, the lawful possession of firearms to take

furbearing mammals and game mammals other than deer by persons other than

deer hunters shall not be prohibited during the CWD Deer Hunting Season as set

in Section 675.10. Violation is a Class B misdemeanor (see 520 ILCS 5/2.24).

(Source: Amended at 44 Ill. Reg. 11554, effective June 29, 2020)

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ILLINOIS REGISTER 11559

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Late-Winter Deer Hunting Season

2) Code Citation: 17 Ill. Adm. Code 680

3) Section Number: Adopted Action:

680.20 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24,

2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5].

5) Effective Date of Rule: June 29, 2020

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rule, including all material incorporated by reference, is on file in

the Department of Natural Resources' principal office and is available for public

inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5665, April 3, 2020

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

11) Differences between Proposal and Final Version: None

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

agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to add language

regarding unfilled Youth Deer Hunt Permits; allows their use in any of the open counties.

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

John Heidinger, Legal Counsel

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ILLINOIS REGISTER 11560

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

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

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ILLINOIS REGISTER 11561

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

TITLE 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 680

LATE-WINTER DEER HUNTING SEASON

Section

680.10 Statewide Season

680.20 Statewide Deer Permit Requirements

680.25 Deer Permit Requirements – Free Landowner/Tenant Permits (Repealed)

680.30 Deer Permit Requirements – Group Hunt (Repealed)

680.40 Statewide Firearm Requirements for Late-Winter Deer Hunting

680.50 Statewide Deer Hunting Rules

680.60 Reporting Harvest

680.70 Rejection of Application/Revocation of Permits

680.80 Regulations at Various Department-Owned or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26

and 3.36 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 15 Ill. Reg. 13353, effective September 3, 1991; amended at 16 Ill. Reg.

15446, effective September 28, 1992; amended at 17 Ill. Reg. 18810, effective October 19, 1993;

amended at 18 Ill. Reg. 15739, effective October 18, 1994; amended at 19 Ill. Reg. 15422,

effective October 26, 1995; amended at 20 Ill. Reg. 10906, effective August 5, 1996; amended at

21 Ill. Reg. 9128, effective June 26, 1997; amended at 22 Ill. Reg. 14875, effective August 3,

1998; amended at 24 Ill. Reg. 8975, effective June 19, 2000; amended at 26 Ill. Reg. 13820,

effective September 5, 2002; emergency amendment at 28 Ill. Reg. 1032, effective January 6,

2004, for a maximum of 150 days; amended at 28 Ill. Reg. 2197, effective January 26, 2004;

amended at 28 Ill. Reg. 15503, effective November 19, 2004; amended at 29 Ill. Reg. 20462,

effective December 2, 2005; amended at 30 Ill. Reg. 14508, effective August 24, 2006; amended

at 31 Ill. Reg. 13180, effective August 30, 2007; amended at 32 Ill. Reg. 19736, effective

December 3, 2008; amended at 33 Ill. Reg. 11601, effective July 27, 2009; amended at 34 Ill.

Reg. 16518, effective October 8, 2010; amended at 35 Ill. Reg. 15242, effective September 2,

2011; amended at 37 Ill. Reg. 14967, effective August 30, 2013; amended at 40 Ill. Reg. 10607,

effective July 20, 2016; amended at 42 Ill. Reg. 13144, effective June 22, 2018; amended at 44

Ill. Reg. 11559, effective June 29, 2020.

Section 680.20 Statewide Deer Permit Requirements

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ILLINOIS REGISTER 11562

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

a) Illinois resident hunters must have an unfilled deer permit valid for the previous

firearm, muzzleloader or youth deer season and valid for one of the open counties

or a valid Late-Winter Deer Season permit ($17.50). Nonresident hunters must

have an unfilled deer permit valid for the previous firearm, muzzleloader or youth

deer season and valid for one of the open counties. A Late-Winter Deer Season

Permit is issued for one county or special hunt area and is valid only in the county

or special hunt area stated on the permit. Unfilled firearm, muzzleloader or Youth

Deer Hunt Permitsyouth deer permits are valid only for the county for which they

were originally issued, except that Youth Deer Hunt Permits issued as part of the

statewide youth-only deer hunting season Pilot Program, as described in 17 Ill.

Adm. Code 685.20, are valid for all of the open counties and unfilled landowner

property-only hunting firearm deer permits are valid only for the farmlands that

the person to whom it was issued owns, leases, or rents within the open

counties/portions of counties.

1) Unfilled firearm, muzzleloader or Youth Deer Hunt Permitsyouth deer

permits that were originally issued for special hunt areas are not valid

during the Late-Winter Season unless:

A) the hunter's name is redrawn at the daily site lottery to hunt at the

same special hunt area during the Late-Winter Season; or

B) the special hunt area is open to persons with a county permit and

the special hunt area does not conduct a daily site lottery.

2) Sites conducting a daily site lottery will be announced publicly.

b) Resident Late-Winter Deer Permits will be available for sale over-the-counter

(OTC) from agents designated by the Department (pursuant to 17 Ill. Adm. Code

2520) beginning the second Tuesday in December through the last day of the

Late-Winter Deer Season. There shall be no limitation on permit sales; resident

hunters may purchase as many permits as they wish for any or all of the included

counties.

c) For a Special Hunt Area permit, resident hunters may apply online at

www.dnr.illinois.gov for a site-specific permit valid for one of the Department's

Special Hunt Areas. The application period begins the last Tuesday in October

and ends the fourth Monday in November. Permits will be allocated via a lottery

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ILLINOIS REGISTER 11563

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

drawing.

d) For the applicant to be eligible to receive a Late-Winter Deer Permit ($17.50),

he/she must be an Illinois resident and not have had his/her deer hunting

privileges suspended or revoked in this State pursuant to Section 3.36 of the

Wildlife Code [520 ILCS 5/3.36]. Lifetime licenses issued after August 15, 2006

shall not qualify a non-resident of Illinois for a resident deer permit.

e) Hunters purchasing Late-Winter Deer Permits must supply all necessary

application information to the agents in order to properly complete the permit.

f) Recipients of the Late-Winter Deer Hunting Permit shall record their signature on

the permit and must carry it on their person while hunting.

g) Permits are not transferable. Refunds shall not be granted unless the Department

has erroneously issued the permit.

h) A $3 service fee shall be charged for replacement permits. Monies derived from

this source shall be deposited in the Wildlife and Fish Fund.

i) Hunting without a valid permit is a Class B misdemeanor (see 520 ILCS 5/2.24).

(Source: Amended at 44 Ill. Reg. 11559, effective June 29, 2020)

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ILLINOIS REGISTER 11564

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Youth Hunting Seasons

2) Code Citation: 17 Ill. Adm. Code 685

3) Section Numbers: Adopted Actions:

685.10 Amendment

685.20 Amendment

685.70 Amendment

685.110 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 2.24, 2.25, 2.26

and 3.36 of the Wildlife Code [520 ILCS 5].

5) Effective Date of Rules: June 29, 2020

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in

the Department of Natural Resources' principal office and is available for public

inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5670, April 3, 2020

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

11) Differences between Proposal and Final Version: None

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

agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to change the end

date of the statewide youth deer season and under a pilot program, to allow Youth Deer

Hunt Permits to be used in any open county of the State where permission to hunt has

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ILLINOIS REGISTER 11565

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

been obtained. This pilot program will be evaluated after January 1, 2023 per PA 101-

444

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

John Heidinger, Legal Counsel

Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

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

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ILLINOIS REGISTER 11566

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 685

YOUTH HUNTING SEASONS

Section

685.10 Statewide Season for White-Tailed Deer Hunting

685.20 Statewide Deer Permit Requirements

685.30 Statewide Firearm Requirements for Hunting the Youth Deer Season

685.40 Statewide Deer Hunting Rules

685.50 Reporting Harvest of Deer

685.60 Rejection of Application/Revocation of Deer Permits

685.70 Regulations at Various Department-Owned or -Managed Sites

685.80 Youth White-Tailed Deer Hunt (Repealed)

685.90 Heritage Youth Wild Turkey Hunt – Spring Season (Repealed)

685.100 Youth Pheasant Hunting (Repealed)

685.110 Youth Waterfowl Hunting

685.120 Youth Dove Hunting (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 2.24, 2.25, 2.26 and 3.36 of

the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 20 Ill. Reg. 12452, effective August 30, 1996; amended at 21 Ill. Reg.

14548, effective October 24, 1997; amended at 25 Ill. Reg. 6904, effective May 21, 2001;

amended at 26 Ill. Reg. 4418, effective March 11, 2002; amended at 26 Ill. Reg. 13828, effective

September 5, 2002; amended at 27 Ill. Reg. 14332, effective August 25, 2003; amended at 29 Ill.

Reg. 20469, effective December 2, 2005; amended at 30 Ill. Reg. 12222, effective June 28, 2006;

emergency amendment at 31 Ill. Reg. 12096, effective August 1, 2007, for a maximum of 150

days; amended at 31 Ill. Reg. 14829, effective October 18, 2007; amended at 32 Ill. Reg. 10115,

effective June 30, 2008; amended at 33 Ill. Reg. 11609, effective July 27, 2009; amended at 34

Ill. Reg. 4863, effective March 19, 2010; amended at 35 Ill. Reg. 13228, effective July 26, 2011;

amended at 37 Ill. Reg. 19277, effective November 14, 2013; amended at 38 Ill. Reg. 22772,

effective November 18, 2014; amended at 39 Ill. Reg. 10932, effective July 27, 2015; amended

at 39 Ill. Reg. 14574, effective October 20, 2015; amended at 40 Ill. Reg. 10612, effective July

20, 2016; amended at 41 Ill. Reg. 8707, effective June 28, 2017; amended at 42 Ill. Reg. 13150,

effective June 22, 2018; amended at 43 Ill. Reg. 9559, effective August 23, 2019; amended at 44

Ill. Reg. 11564, effective June 29, 2020.

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ILLINOIS REGISTER 11567

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Section 685.10 Statewide Season for White-Tailed Deer Hunting

a) Season: One-half hour before sunrise on Saturday of the State designated

Columbus Day Holiday weekend to ½ hour after sunset on the Monday

immediately followingSunday of that weekend. Shooting hours are ½ hour before

sunrise to ½ hour after sunset. A hunter with an unfilled, valid Youth Deer Permit

may also hunt during the first firearm deer season (the 3-day weekend (Friday,

Saturday and Sunday) immediately before Thanksgiving), subject to the following

restrictions:

1) Unfilled Youth Deer Permits are not valid for hunting during the first

firearm deer season on public land sites that limit the number of hunters

during the firearm season via the use of a site permit quota (i.e., only

public sites that allow unrestricted access may be hunted);

2) the hunter must use only firearms allowed in Section 685.30; and

3) hunters must abide by Section 650.60 when hunting on Department-owned

or -managed sites.

b) Open Counties: All counties except Cook, DuPage and Lake Counties, and that

portion of Kane County east of State Route 47.

c) Hunting outside the set season dates is a Class B misdemeanor (see 520 ILCS

5/2.24); and hunting prior to ½ hour before sunrise or after ½ hour after sunset is

a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine,

in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

(Source: Amended at 44 Ill. Reg. 11564, effective June 29, 2020)

Section 685.20 Statewide Deer Permit Requirements

a) All eligible youth hunters must have a current, valid "Youth Deer Hunt Permit"

($10). The Youth Deer Season is only open to hunters who have not reached their

18th birthday prior to the opening date of the season. Hunters must have an

apprentice or youth hunting license, or they must have completed a State-

approved Hunter Education course and have a hunting license, unless exempt.

Pursuant to the statewide youth-only deer hunting season Pilot Program created in

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ILLINOIS REGISTER 11568

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Section 2.26 of the Wildlife Code [520 ILCS 5], the following will apply to all

Youth Deer Hunt Permits beginning with the 2020 Youth Deer Season:A permit

is issued for one county or special hunt area and is valid only in the county or

special hunt area stated on the permit.

1) Youth Deer Hunt Permits will authorize the holder to hunt in any of the

open counties of the State, on property where permission to hunt has been

obtained from the property owner.

2) On or after January 1, 2023, the Department may analyze the effects of the

Pilot Program on the Youth Deer Season, including its effects on hunter

participation, hunter satisfaction, hunter distribution and deer harvest.

3) If the Department finds, after thorough analysis, negative impacts to

wildlife management associated with the Pilot Program, the Department

may amend this Part to prohibit the statewide use of Youth Deer Hunt

Permits and resume issuance of county-specific permits.

b) Youth Deer Hunt Permits will be available for sale over-the counter (OTC) from

agents beginning the first Tuesday in August through the last day of the Youth

Deer Season. Hunters may purchase only a single permit (either-sex) for one of

the included counties.

c) For the applicant to be eligible to receive a Youth Deer Season Permit ($10),

applicant must not have had his or her deer hunting privileges suspended or

revoked in this State pursuant to Section 3.36 of the Wildlife Code [520 ILCS

5/3.36].

d) Recipients of the Youth Deer Season Hunt Permit shall record their signature on

the permit and must carry it on their person while hunting.

e) Permits are not transferable. Refunds shall not be granted unless the Department

has erroneously issued the permit.

f) A $3 service fee shall be charged for replacement permits issued by the

Department, except when permits are lost in the mail there will be no charge.

Monies derived from this source will be deposited in the Wildlife and Fish Fund.

g) Permits issued for the Youth Deer Hunt season will not be counted in the number

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ILLINOIS REGISTER 11569

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

of gun permits a person can receive for the Firearm and Muzzleloader-Only Deer

Season.

h) Hunting without a valid permit is a Class B misdemeanor (see 520 ILCS 5/2.24).

(Source: Amended at 44 Ill. Reg. 11564, effective June 29, 2020)

Section 685.70 Regulations at Various Department-Owned or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 apply in this Section, unless this

Section is more restrictive.

b) Check-in, check-out, and reporting of harvest is required at those sites listed in

this Section that are followed by a (1). Sites that require use of windshield cards

by hunters, as specified in 17 Ill. Adm. Code 510.10, are followed by a (2).

c) Statewide regulations shall apply at the following sites:

Apple River Canyon State Park (Salem/Thompson Units only) (2)

Big River State Forest (2)

Burning Star State Fish and Wildlife Area (2)

Cache River State Natural Area (1)

Campbell Pond State Habitat Area (2)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake State Fish and Wildlife Area (2)

Cedar Glen State Natural Area (2)

Chauncey Marsh State Natural Area (2)

Copperhead Hollow State Fish and Wildlife Area (2)

Crawford County State Fish and Wildlife Area (1)

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ILLINOIS REGISTER 11570

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Wildlife Management Area

Dixon Springs State Park (2)

Dog Island State Wildlife Management Area (2)

Eldon Hazlet State Park (North Allen Branch Unit only) (2)

Eagles Landing (operated as part of the hunt at the Upper Mississippi River

National Wildlife Refuge – Lost Mound Unit; a special permit from USFWS is

required; contact the refuge for specific hunt details)

Ferne Clyffe State Park (Cedar/Draper Units only) (1)

Fort Massac State Park (2)

Fox Ridge State Park (2)

Giant City State Park (1)

Glass Hill State Natural Area (1)

Green River State Wildlife Area (2)

Hanover Bluff State Natural Area (2)

Hidden Springs State Forest (2)

Horseshoe Lake State Fish and Wildlife Area – Alexander County (1)

Kaskaskia River State Fish and Wildlife Area (1 – except south of Highway 154

and north of Highway 13)

Kinkaid Lake State Fish and Wildlife Area (1)

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ILLINOIS REGISTER 11571

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Mackinaw State Fish and Wildlife Area (2)

Marshall State Fish and Wildlife Area (2)

Meeker State Habitat Area (2)

Mermet Lake State Fish and Wildlife Area (2)

Mississippi River Pools 17, 18

Mississippi River Pools 21, 22, 24

Mississippi River State Fish and Wildlife Area

Newton Lake State Fish and Wildlife Area (2)

Oakford Conservation Area

Pere Marquette State Park (2)

Pyramid State Recreation Area (East Conant, Galum, and Old Park Units only)

(2)

Rall Woods State Natural Area (2)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (2)

Ray Norbut State Fish and Wildlife Area (2)

Rend Lake State Fish and Wildlife Area

Saline County State Fish and Wildlife Area (2)

Sand Ridge State Forest (2)

Seilbeck Forest State Natural Area (2)

Shelbyville State Fish and Wildlife Area (2)

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ILLINOIS REGISTER 11572

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Siloam Springs State Park (2)

Skinner Farm State Habitat Area (1)

Spoon River State Forest (2)

Stewardship Park (operated as part of the hunt at the Upper Mississippi River

National Wildlife Refuge – Lost Mound Unit; a special permit from USFWS is

required; contact the refuge for specific hunt details)

Tapley Woods State Natural Area (2)

Ten Mile Creek State Fish and Wildlife Area (2)

Trail of Tears State Forest (1)

Turkey Bluffs State Fish and Wildlife Area (1)

Union County State Fish and Wildlife Area (1)

Wards Grove State Nature Preserve (2)

Weinberg-King State Fish and Wildlife Area, including Scripps and Spunky

Bottoms Units (2)

Wildcat Hollow State Habitat Area (2)

Winston Tunnel State Natural Area (2)

Wise Ridge State Natural Area

d) Statewide regulations shall apply at the following sites, except that hunter quotas

shall be filled by mail-in drawing. Information about drawing dates and

application procedures will be publicly announced.

Coffeen Lake State Fish and Wildlife Area (Upland Management Area only) (2)

Iroquois County State Wildlife Area (1)

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ILLINOIS REGISTER 11573

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Jim Edgar Panther Creek State Fish and Wildlife Area (2)

Kankakee River State Park (2)

Sangamon County Conservation Area

(Source: Amended at 44 Ill. Reg. 11564, effective June 29, 2020)

Section 685.110 Youth Waterfowl Hunting

a) Permit Requirements

1) Permit reservations shall be accepted starting in September. Initial

acceptance dates shall be publicly announced. Applicants must be

between the ages of 10-17 inclusive on the date of the hunt.

2) Only one permit per person shall be issued for the hunt on December 28 at

Horseshoe Lake State Fish and Wildlife Area (Alexander County) and

Union County State Fish and Wildlife Area and on the second Sunday in

November of the Illinois Central Zone Waterfowl season at Spring Lake

State Fish and Wildlife Area – Spring Lake Bottoms Unit.

3) The permit shall be for the use of the entire blind and it shall be the

responsibility of the permit holder to bring one supervising adult who may

also hunt. The supervising adult shall be criminally liable for the actions

of the youth in the hunting party, and be subject to the criminal penalties

provided by law. Each youth and supervising adult may be accompanied

by a non-hunting guide. The maximum number of people in a blind is 2

hunting youth, 2 hunting adults and a non-hunting guide.

4) Permit Reservations and Transferability

A) All duplicate permit reservations shall be rejected and the hunter

shall forfeit his or her rights to a permit. Permits are not

transferable. Previous participants are ineligible to apply for a

permit.

B) For other information write to:

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ILLINOIS REGISTER 11574

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Illinois Department of Natural Resources

Youth Waterfowl Hunt

One Natural Resources Way

P.O. Box 19457

Springfield IL 62794-9457

5) Permits for the Illinois Youth Waterfowl Hunt will be issued from the

Springfield Permit Office.

b) General Waterfowl Hunting Regulations at the Youth Waterfowl Hunting Areas

1) Hours, Permits and Stamp Charges

A) Hunting hours at Horseshoe Lake State Conservation Area

(Alexander County) and Union County are from legal opening

until 12:00 Noon on the day of the Youth Waterfowl Hunt.

Hunting hours at Banner Marsh State Fish and Wildlife Area,

Clinton Lake State Recreation Area, Donnelley State Fish and

Wildlife Area, Larry D. Closson State Habitat Area, Marshall State

Fish and Wildlife Area – Duck Ranch Unit and Spring Lake State

Fish and Wildlife Area – Spring Lake Bottoms Unit are from

statewide opening to 1:00 p.m. on the days of the youth waterfowl

hunts.

B) At Banner Marsh State Fish and Wildlife Area, Union County

State Fish and Wildlife Area and Horseshoe Lake State Fish and

Wildlife Area (Alexander County), hunters with Illinois Youth

Waterfowl Hunt Permit reservations are required to check in at the

check station between 4:30 a.m. and 5:00 a.m. Permits are void

after 5:00 a.m. A drawing shall be held on the morning of the hunt

to allocate blind sites.

C) At Donnelley State Fish and Wildlife Area, the first weekend

(Saturday and Sunday) and the third weekend (Saturday and

Sunday) of the duck season for the zone the site is located in shall

be designated as Youth Hunt days open to hunters 10-17 years old.

Youth hunters must be accompanied by an adult. Blinds not

allocated to youth hunters shall be available for adults, except for

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ILLINOIS REGISTER 11575

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

the third Sunday, when only permitted hunters are allowed. The

blinds will be allocated by drawing the day of the hunt. Preference

will be given to youth hunters who have not been drawn for a

previous hunt at the site during the current season.

D) At Spring Lake State Fish and Wildlife Area – Spring Lake

Bottoms Unit, hunters with Illinois Youth Waterfowl Permit

reservations are required to check-in at the check station no later

than one hour before legal shooting time, after which time permits

are void. A drawing shall be held on the morning of the hunt to

allocate blind sites.

E) Larry D. Closson State Habitat Area will be open during the

Central Zone Youth Waterfowl Hunting days. Only one party per

day will be assigned to this site, consisting of the Youth Waterfowl

Hunting Permit holder, up to 3 additional youth hunters, and up to

2 non-hunting adult chaperones. This site does not have any

permanent blind structures. Hunters may construct temporary

blinds that must be removed at the end of each day's hunt.

F) At Marshall State Fish and Wildlife Area – Duck Ranch Unit,

hunters with Illinois Youth Waterfowl Permit reservations are

required to check in at the check station no later than one hour

before legal shooting time, after which time permits are void. A

drawing shall be held on the morning of the hunt to allocate blind

sites. A standby drawing will be held immediately after the permit

drawing for any unclaimed blinds by permit holders.

G) Black Crown Marsh State Natural Area will be open during the

Northern Zone Youth Waterfowl Hunting season. Walk-in hunting

only. A hunting party will consist of the Youth Waterfowl

Hunting Permit holder, up to 3 additional youth hunters, and up to

2 non-hunting adult chaperones. This site does not have any

permanent blind structures. Hunters may construct temporary

blinds that must be removed at the end of each day's hunt. Hunting

hours are from legal opening until 1:00 p.m. Hunters must be off

the site by 2:00 p.m. Sign-in/sign-out and report harvest at parking

area kiosk.

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ILLINOIS REGISTER 11576

20

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

H) There is no fee for the Illinois Youth Waterfowl Hunting Permit.

2) Hunting must be done from assigned blinds only and hunters, unless

authorized, shall not move from blind to blind or leave the blind and

return.

3) Shotguns must be unloaded and encased at all times when not hunting.

4) At Union County State Fish and Wildlife Area and Horseshoe Lake State

Fish and Wildlife Area (Alexander County), each youth shall not possess

more than 25 shells. Each adult shall not possess more than 5 shells for

each Canada goose allowed in the daily bag. Hunters without their guns

may leave the blind to retrieve crippled waterfowl.

5) At Rend Lake State Fish and Wildlife Area, hunters participating in the

youth hunt must sign in and out, no entry into subimpoundments before

4:30 a.m. and must be out of subimpoundments by 2:00 p.m. A drawing

will be held at 4:00 a.m. each day of the youth hunt for hunters wanting to

hunt the Casey Fork impoundment. Drawing will be held at the

Cottonwood Access Area. Airboats are not allowed in Casey Fork

subimpoundment, Big Muddy subimpoundment, and the impoundments

on Corps of Engineers managed areas during youth waterfowl season.

c) Special Hunts

If, by regulation published in the Federal Register, the U.S. Fish and Wildlife

Service sets any special dates for youth-only waterfowl hunting, the Department

shall, by public announcement, open those Department sites that, under the

circumstances prevailing at the time, the Department believes may be opened

without unduly disturbing other Department programs. Open sites that require the

use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 will

be noted in the public announcement.

d) Violations of this Section are Class B misdemeanors (see 520 ILCS 5/2.18),

except that hunting prior to ½ hour before sunrise is a Class A misdemeanor with

a minimum $500 fine and a maximum $5,000 fine in addition to other statutory

penalties (see 520 ILCS 5/2.33(y)).

(Source: Amended at 44 Ill. Reg. 11564, effective June 29, 2020)

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ILLINOIS REGISTER 11577

20

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Licensing Standards for Day Care Centers

2) Code Citation: 89 Ill. Adm. Code 407

3) Section Number: Emergency Action:

407.605 Amendment

4) Statutory Authority: 225 ILCS 10

5) Effective Date of Emergency Rule: June 24, 2020

6) If this emergency amendment is to expire before the end of the 150-day period, please

specify the date on which they are to expire: None

7) Date Filed with the Index Department: June 24, 2020

8) A copy of the adopted emergency amendment, including any material incorporated by

reference, is on file in the Agency’s principal office and is available for public inspection.

9) Reason for Emergency: Pursuant to the Restore Illinois Plan and the Joint Committee on

Administrative Rules meeting on June 16, 2020, the Department accepted guidance to

revise the Licensed Standards for Day Care Centers rules. These emergency amendments

include two provisions that must be amended to the Emergency Rules that will allow the

use of staffing that was not previously supported in 89 IAC 407.

10) A Complete Description of the Subjects and Issues Involved: The changes establish

standards for all day care centers reopening to full capacity under the Phase III and Phase

IV of Restore Illinois.

11) Are there any other rulemakings pending to this Part? Yes

Sections Numbers: Proposed Actions: Illinois Register Citations:

407.45 Amendment 43 Ill. Reg. 10634; September 27, 2019

407.250 Amendment 43 Ill. Reg. 10634; September 27, 2019

407.270 Amendment 43 Ill. Reg. 10634; September 27, 2019

407.500 New Section 44 Ill. Reg. 5542; April 3, 2020

407.505 New Section 44 Ill. Reg. 5542; April 3, 2020

407.510 New Section 44 Ill. Reg. 5542; April 3, 2020

407.515 New Section 44 Ill. Reg. 5542; April 3, 2020

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ILLINOIS REGISTER 11578

20

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

407.520 New Section 44 Ill. Reg. 5542; April 3, 2020

407.525 New Section 44 Ill. Reg. 5542; April 3, 2020

407.600 New Section 44 Ill. Reg. 10055; June 12, 2020

407.605 New Section 44 Ill. Reg. 10055; June 12, 2020

407.610 New Section 44 Ill. Reg. 10055; June 12, 2020

12) Statement of Statewide Policy Objective: This amendment does not create or expand a

State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

Jeff Osowski

Office of Child and Family Policy

Department of Children and Family Services

406 E. Monroe, Station #65

Springfield IL 62701-1498

217/524-1983

TDD: 217/524-3715

[email protected]

The full text of the Emergency Amendment to Emergency Rule begins on the next page:

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ILLINOIS REGISTER 11579

20

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

TITLE 89: SOCIAL SERVICES

CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES

SUBCHAPTER e: REQUIREMENTS FOR LICENSURE

PART 407

LICENSING STANDARDS FOR DAY CARE CENTERS

Section

407.1 Purpose (Repealed)

407.2 Definitions (Repealed)

407.3 Effective Date of Standards (Repealed)

407.4 Application for License (Repealed)

407.5 Application for Renewal of License (Repealed)

407.6 Provisions Pertaining to the License (Repealed)

407.7 Provisions Pertaining to Permits (Repealed)

407.8 Organization and Administration (Repealed)

407.9 Finances (Repealed)

407.10 General Requirements for Personnel (Repealed)

407.11 Child Care Director (Repealed)

407.12 Child Care Workers and Group Workers (Repealed)

407.13 Child Care Assistants (Repealed)

407.14 Use of Students (Repealed)

407.15 Service Staff (Repealed)

407.16 Substitutes and Volunteers (Repealed)

407.17 Background Inquiry (Repealed)

407.18 Admission and Discharge Procedures (Repealed)

407.19 Discipline (Repealed)

407.20 Personal Care and Hygiene (Repealed)

407.21 Program (Repealed)

407.22 Equipment and Materials (Repealed)

407.23 Grouping and Staffing (Repealed)

407.24 Nutrition (Repealed)

407.25 Night Care (Repealed)

407.26 Children with Special Needs (Repealed)

407.27 Infants and Toddlers (Repealed)

407.28 School-Age Children (Repealed)

407.29 Health Requirements for Children (Repealed)

407.30 Transportation (Repealed)

407.31 Plant and Equipment (Repealed)

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ILLINOIS REGISTER 11580

20

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

407.32 Records and Reports (Repealed)

407.33 Confidentiality of Records and Information (Repealed)

407.34 Records Retention (Repealed)

407.35 Severability of This Part (Renumbered)

SUBPART A: INTRODUCTION, DEFINITIONS, AND APPLICABILITY

Section

407.40 Purpose and Applicability

407.45 Definitions

SUBPART B: PERMITS AND LICENSES

Section

407.50 Application for License

407.55 Application for Renewal of License

407.60 Provisions Pertaining to the License

407.65 Provisions Pertaining to Permits

SUBPART C: ADMINISTRATION

Section

407.70 Organization and Administration

407.80 Confidentiality of Records and Information

SUBPART D: STAFFING

Section

407.90 Staffing Structure

407.100 General Requirements for Personnel

407.110 Background Checks for Personnel

407.120 Personnel Records

407.130 Qualifications for Child Care Director

407.140 Qualifications for Early Childhood Teachers and School-age Workers

407.150 Qualifications for Early Childhood Assistants and School-age Worker Assistants

407.160 Students and Youth Aides

407.170 Substitutes

407.180 Volunteers

407.190 Grouping and Staffing

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ILLINOIS REGISTER 11581

20

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

SUBPART E: PROGRAM REQUIREMENTS

Section

407.200 Program Requirements for All Ages

407.210 Special Requirements for Infants and Toddlers

407.220 Special Requirements for School-Age Children

407.230 Intergenerational Programs

407.240 Evening, Night, Weekend and Holiday Care

SUBPART F: STRUCTURE AND SAFETY

Section

407.250 Enrollment and Discharge Procedures

407.260 Daily Arrival and Departure of Children

407.270 Guidance and Discipline

407.280 Transportation

407.290 Swimming and Wading

407.300 Animals

SUBPART G: HEALTH AND HYGIENE

Section

407.310 Health Requirements for Children

407.320 Hand Washing

407.330 Nutrition and Meal Service

407.340 Diapering and Toileting Procedures

407.350 Napping and Sleeping

407.360 Medications

SUBPART H: FACILITY AND EQUIPMENT

Section

407.370 Physical Plant/Indoor Space

407.380 Equipment and Materials

407.390 Outdoor Play Area

SUBPART I: SEVERABILITY OF THIS PART

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ILLINOIS REGISTER 11582

20

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

Section

407.400 Severability of This Part

SUBPART J: EMERGENCY DAY CARE PROGRAM (EDC)

Section

407.500 Purpose

EMERGENCY

407.505 Definitions

EMERGENCY

407.510 Application for License for Emergency Day Care Program

EMERGENCY

407.515 Compliance with Licensing Standards

EMERGENCY

407.520 On Site Visit

EMERGENCY

407.525 Approval of Application

EMERGENCY

SUBPART K: REOPENING OF DAY CARE CENTERS

Section

407.600 Reopening of Day Care Centers

EMERGENCY

407.605 Grouping and Staffing

EMERGENCY

407.610 On Site Visit (Repealed)

EMERGENCY

407.APPENDIX A Equipment for Infants and Toddlers

407.APPENDIX B Equipment for Preschool Children

407.APPENDIX C Equipment for School-Age Children

407.APPENDIX D Infant Daily Food Requirements

407.APPENDIX E Meal Patterns and Serving Sizes for Child Care Programs

407.APPENDIX F Resource Reference List

407.APPENDIX G Early Childhood Teacher Credentialing Programs

407.APPENDIX H Playground Surfacing and Critical Height

AUTHORITY: Implementing and authorized by the Child Care Act of 1969 [225 ILCS 10] and

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ILLINOIS REGISTER 11583

20

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

the Children's Product Safety Act [430 ILCS 125].

SOURCE: Adopted and codified at 7 Ill. Reg. 9215, effective August 15, 1983; amended at 8 Ill.

Reg. 8713, effective June 15, 1984; amended at 8 Ill. Reg. 24937, effective January 1, 1985;

amended at 16 Ill. Reg. 7597, effective April 30, 1992; emergency amendment at 20 Ill. Reg.

11366, effective August 1, 1996, for a maximum of 150 days; emergency expired December 28,

1996; amended at 21 Ill. Reg. 923, effective January 15, 1997; amended at 22 Ill. Reg. 1728,

effective January 1, 1998; amended at 24 Ill. Reg. 17036, effective November 1, 2000; amended

at 28 Ill. Reg. 3011, effective February 15, 2004; amended at 29 Ill. Reg. 4502, effective March

15, 2005; amended at 34 Ill. Reg. 4700, effective March 22, 2010; amended at 36 Ill. Reg.

13076, effective August 15, 2012; amended at 38 Ill. Reg. 17293, effective August 1, 2014;

emergency amendment at 42 Ill. Reg. 8555, effective May 9, 2018, for a maximum of 150 days;

emergency expired October 5, 2018; amended at 43 Ill. Reg. 224, effective January 1, 2019;

emergency amendment at 44 Ill. Reg. 5734, effective March 20, 2020, for a maximum of 150

days; emergency amendment at 44 Ill. Reg. 10170, effective May 29, 2020, for a maximum of

150 days; emergency amendment to emergency rule at 44 Ill. Reg. 11079, effective June 12,

2020, for the remainder of the 150 days; emergency amendment to emergency rule at 44 Ill. Reg.

11577, effective June 24, 2020, for the remainder of the 150 days.

SUBPART K: REOPENING OF DAY CARE CENTERS

Section 407.605 Grouping and Staffing

EMERGENCY

During Phases III and IV of Restore Illinois:

a) Children must remain with the same group each day while in care.

b) Groups must not be combined at any time.

c) Required Ratios and Maximum Group Sizes. In order to provide the level of

supervision necessary to adhere to the health and safety requirements established

by the Illinois Department of Public Health in response to the COVID-19

pandemic, the following staff-to-child ratios must be maintained at all times

during the program day.

Ages Staff to Child ratio Maximum Group Size (Children)

Infant 1:4 8

Toddler 1:5 12

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ILLINOIS REGISTER 11584

20

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

Two 1:8 12

Three 1:10 15

Four 1:10 15

Five 1:15 15

School Age 1:15 15

d) Programs may staff classrooms with a qualified Early Childhood Assistant for up

to 3 hours of their program day, provided that this arrangement is documented in

a written staffing plan as required by Section 407.90(a).

e) Staff qualified to work as Early Childhood Teachers in an Emergency Day Care

Center (EDC) under 89 IAC 407 (Emergency, March 20, 2020) and who served in

the role from March 20-May 29, 2020 may continue to work as an Early

Childhood Teacher through July 31, 2020, provided that they work at the same

program which was operating as an EDC and has since reverted to its' normal day

care license

(Source: Added by emergency rulemaking at 44 Ill. Reg. 10170, effective May 29, 2020,

for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg.

11079, effective June 12, 2020, for the remainder of the 150 days; emergency amendment

to emergency rule at 44 Ill. Reg. 11577, effective June 24, 2020, for the remainder of the

150 days)

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ILLINOIS REGISTER 11585

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

1) Heading of the Part: Merit Commission

2) Code Citation: 80 Ill. Adm. Code 50

3) Section Number: Emergency Action:

50.150 Repealed

4) Statutory Authority: Implementing and authorized by Sections 8-9a of the Secretary of

State Merit Employment Code [15 ILCS 310].

5) Effective Date of Emergency Rule being Repealed: March 17, 2020

6) Effective Date of Emergency Repeal of Emergency Rule: June 30, 2020

7) Date Filed with the Index Department: June 29, 2020

8) A copy of the Emergency Repeal of Emergency Rule, including any material

incorporated by reference, is on file in the Agency's principal office and is available for

public inspection.

9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency rules that have

been previously filed, to ensure the needs of the agency and the public are best met.

Revised emergency rules in accordance with recent PA 101-640 are being filed.

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

11) Information and questions regarding this emergency rule shall be directed to:

Brenda Glahn

Senior Legal Advisor

298 Howlett Building

Springfield IL 62756

[email protected]

The full text of the Emergency Repeal of Emergency Amendment begins on the next page:

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ILLINOIS REGISTER 11586

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES

SUBTITLE A: MERIT EMPLOYMENT SYSTEMS

CHAPTER II: SECRETARY OF STATE MERIT COMMISSION

PART 50

MERIT COMMISSION

Section

50.10 Meetings of the Merit Commission

50.20 Classification Plan

50.30 Personnel Rules

50.40 Jurisdiction B Exemptions

50.50 Orders of Compliance

50.60 Disciplinary Hearings and Demotions

50.70 Geographical Transfers

50.80 Allocation Appeals

50.90 Layoff Appeals

50.100 Personnel Code and Personnel Rule Violations

50.110 Record of Hearings and General Procedural Rules

50.120 Authority of the Hearing Officer

50.130 Authority of Commission Over Hearing Officer

50.140 Administrative Review

50.150 Extension of Hearing Dates (Repealed)

EMERGENCY

AUTHORITY: Implementing and authorized by Sections 8-9a of the Secretary of State Merit

Employment Code [15 ILCS 310].

SOURCE: Filed September 15, 1977; amended at 7 Ill. Reg. 17496, effective January 1, 1984;

amended at 8 Ill. Reg. 1988, effective February 10, 1984; codified at 8 Ill. Reg. 15000; amended

at 11 Ill. Reg. 6285, effective April 15, 1987; amended at 35 Ill. Reg. 12801, effective July 14,

2011; amended at 39 Ill. Reg. 436, effective December 18, 2014; emergency amendment at 44

Ill. Reg. 5820, effective March 17, 2020, for a maximum of 150 days; emergency amendment to

emergency rule at 44 Ill. Reg. 6630, effective April 9, 2020, for the remainder of the 150 days;

emergency amendment effective March 17, 2020, as amended April 9, 2020, repealed at 44 Ill.

Reg. 11585, effective June 30, 2020.

Section 50.150 Extension of Hearing Dates (Repealed)

EMERGENCY

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ILLINOIS REGISTER 11587

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

Pursuant to the powers vested in him by Section 5(7) of the Secretary of State Act, and pursuant

to the provisions of Executive Order No. 2020-08, issued on March 17, 2020, the Secretary of

State hereby extends for the duration of the disaster proclaimed by the Governor in Gubernatorial

Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent disaster

proclamations, and for a period of 90 days thereafter, the date for all hearings conducted

pursuant to Section 9 of the Secretary of State Merit Employment Code. This extension period

may be rescinded by the Secretary of State through the adoption of an emergency rulemaking.

(Source: Added by emergency rulemaking at 44 Ill. Reg. 5820, effective March 17,

2020, for a maximum of 150 days; amended by emergency amendment to emergency rule

at 44 Ill. Reg. 6630, effective April 9, 2020, for the remainder of the 150 days; repealed

by emergency rulemaking at 44 Ill. Reg. 11585, effective June 30, 2020)

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ILLINOIS REGISTER 11588

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

1) Heading of the Part: Procedures and Standards

2) Code Citation: 92 Ill. Adm. Code 1001

3) Section Number: Emergency Action:

1001.800 Repealed

4) Statutory Authority: 625 ILCS 5/2-104(b)

5) Effective Date of Emergency Rule: March 17, 2020

6) Effective Date of Emergency Repeal of Emergency Rule: June 30, 2020

7) Date Filed with the Index Department: June 29, 2020

8) A copy of the Emergency Repeal of Emergency Rule, including any material

incorporated by reference, is on file in the Agency's principal office and is available for

public inspection.

9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency rules that have

been previously filed, to ensure the needs of the agency and the public are best met.

Revised emergency rules in accordance with recent PA 101-640 are being filed.

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

11) Information and questions regarding this emergency rule shall be directed to:

Brenda Glahn

Senior Legal Advisor

298 Howlett Building

Springfield, IL 62756

[email protected]

The full text of the Emergency Repeal to Emergency Amendment begins on the next page:

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ILLINOIS REGISTER 11589

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1001

PROCEDURES AND STANDARDS

SUBPART A: FORMAL ADMINISTRATIVE HEARINGS

Section

1001.10 Applicability

1001.20 Definitions

1001.30 Right to Counsel

1001.40 Appearance of Attorney

1001.50 Special Appearance

1001.60 Substitution of Parties

1001.70 Commencement of Actions; Notice of Hearing

1001.80 Motions

1001.90 Form of Papers − Original Documents Required

1001.100 Conduct of Formal Hearings

1001.110 Orders; Notification; Time Limits on Obtaining Relief

1001.120 Record of Hearings

1001.130 Invalidity

SUBPART B: ILLINOIS SAFETY RESPONSIBILITY HEARINGS

Section

1001.200 Applicability

1001.210 Definitions

1001.220 Hearings: Notice; Location; Procedures; Record

1001.230 Rules of Evidence

1001.240 Scope of Hearings

1001.250 Decisions and Orders

1001.260 Rehearings

1001.270 Judicial Review

1001.280 Invalidity

SUBPART C: RULES ON THE CONDUCT OF INFORMAL HEARINGS IN

DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS

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ILLINOIS REGISTER 11590

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

Section

1001.300 Applicability

1001.310 Definitions

1001.320 Right to Representation

1001.330 Record and Reports

1001.340 Location of Hearings

1001.350 Duties and Responsibilities

1001.360 Decisions; Time Limits on Obtaining Relief

1001.370 Invalidity

SUBPART D: STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING

PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF

DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE

Section

1001.400 Applicability; Statement of Principle and Purpose

1001.410 Definitions

1001.420 General Provisions Relating to the Issuance of Restricted Driving Permits

1001.430 General Provisions for Reinstatement of Driving Privileges after Revocation

1001.440 Provisions for Alcohol and Drug Related Revocations, Suspensions, and

Cancellations

1001.441 Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs

1001.442 BAIID Provider Certification Procedures and Responsibilities; Certification of

BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a

BAIID Provider

1001.443 Breath Alcohol Ignition Interlock Device Multiple Offender – Compliance with

Interlock Program

1001.444 Monitoring Device Driving Permit (MDDP) Provisions

1001.450 New Hearings

1001.460 Requests for Modification of Revocations and Suspensions

1001.465 Cancellation of Driving Privileges; Hearing to Contest and Show Cause Hearing

1001.470 Renewal, Correction and Cancellation of RDPs

1001.480 Unsatisfied Judgment Suspensions

1001.485 Reinstatement Application Based Upon Issuance of Drivers License in a State

Which is a Member of the Driver License Compact

1001.490 Invalidity

SUBPART E: FORMAL MEDICAL HEARINGS

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ILLINOIS REGISTER 11591

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

Section

1001.500 Applicability

1001.510 Definitions

1001.520 Procedure

1001.530 Conduct of Medical Formal Hearings

1001.540 Subsequent Hearings

SUBPART F: ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES;

PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT

HEARINGS; RESTRICTED DRIVING PERMITS

Section

1001.600 Applicability

1001.610 Definitions

1001.620 Burden of Proof

1001.630 Implied Consent Hearings; Religious Exception

1001.640 Implied Consent Hearings; Medical Exception

1001.650 Rebuttable Presumption

1001.660 Alcohol and Drug Education and Awareness Program

1001.670 Petitions for Restricted Driving Permits

1001.680 Form and Location of Hearings

1001.690 Invalidity

SUBPART G: MOTOR VEHICLE FRANCHISE ACT

Section

1001.700 Applicability

1001.710 Definitions

1001.720 Organization of Motor Vehicle Review Board

1001.730 Motor Vehicle Review Board Meetings

1001.740 Board Fees

1001.750 Notice of Protest

1001.760 Hearing Procedures

1001.770 Conduct of Protest Hearing

1001.780 Mandatory Settlement Conference

1001.785 Technical Issues

1001.790 Hearing Expenses; Attorney's Fees

1001.795 Invalidity

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ILLINOIS REGISTER 11592

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

SUBPART H: MISCELLANEOUS

Section

1001.800 Extension of Hearing Dates (Repealed)

EMERGENCY

1001.APPENDIX A BAIID Regions and Minimum Installation/Service Center Site Location

Guidelines (Repealed)

AUTHORITY: Subpart A implements Sections 2-113, 2-118, 6-108, 6-205, and 6-206 and is

authorized by Sections 2-103 and 2-104 of the Illinois Vehicle Code [625 ILCS 5]. Subpart B

implements Chapter 7 and is authorized by Sections 2-103, 2-104, 2-106, 2-107, 2-108, 2-113,

and 2-114, and Ch. 7 of the Illinois Vehicle Code. Subpart C implements Sections 6-205(c) and

6-206(c)3 and is authorized by Sections 2-103 and 2-104 of the Illinois Vehicle Code. Subpart D

is authorized by Sections 2-104 and 11-501 of the Illinois Vehicle Code and implementing

Sections 6-103, 6-205(c), 6-206(c)3, and 6-208 of the Illinois Vehicle Code. Subpart E

implements Sections 2-113, 2-118, 2-123, 6-103, 6-201, 6-906, and 6-908 and is authorized by

Sections 2-103, 2-104, 6-906, and 6-909 of the Illinois Vehicle Code. Subpart F implements

Sections 2-113, 2-118, 6-208.2, 11-501.1, and 11-501.8 and is authorized by Sections 2-103, 2-

104, and 11-501.8 of the Illinois Vehicle Code. Subpart G implements and is authorized by the

Motor Vehicle Franchise Act [815 ILCS 710].

SOURCE: Adopted and codified at 7 Ill. Reg. 7501, effective June 17, 1983; amended at 8 Ill.

Reg. 4220, effective April 1, 1984; emergency amendment at 9 Ill. Reg. 17030, effective October

18, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 4558, effective March 18, 1986;

amended at 11 Ill. Reg. 17844, effective October 15, 1987; amended at 13 Ill. Reg. 15803,

effective October 1, 1989; amended at 14 Ill. Reg. 2601, effective February 15, 1990; amended

at 14 Ill. Reg. 16041, effective October 1, 1990; emergency amendment at 16 Ill. Reg. 19926,

effective December 8, 1992, for a maximum of 150 days; emergency amendment at 17 Ill. Reg.

2047, effective January 27, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 6274,

effective May 1, 1993; amended at 17 Ill. Reg. 8528, effective June 1, 1993; emergency

amendment at 18 Ill. Reg. 7916, effective May 10, 1994, for a maximum of 150 days; amended

at 18 Ill. Reg. 15127, effective September 21, 1994; emergency amendment at 19 Ill. Reg. 54,

effective January 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 6667, effective

May 1, 1995; emergency amendment at 20 Ill. Reg. 1626, effective January 15, 1996, for a

maximum of 150 days; amended at 20 Ill. Reg. 8328, effective June 12, 1996; emergency

amendment at 20 Ill. Reg. 9355, effective July 1, 1996, for a maximum of 150 days; amended at

20 Ill. Reg. 15773, effective November 28, 1996; amended at 23 Ill. Reg. 692, effective January

15, 1999; amended at 24 Ill. Reg. 19257, effective December 15, 2000; expedited correction at

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ILLINOIS REGISTER 11593

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

25 Ill. Reg. 7352, effective December 15, 2000; emergency amendment at 25 Ill. Reg. 13790,

effective October 15, 2001, for a maximum of 150 days; emergency expired on March 13, 2002;

emergency amendment at 25 Ill. Reg. 14979, effective November 9, 2001, for a maximum of 150

days; emergency expired on April 7, 2002; amended at 26 Ill. Reg. 9380, effective June 13,

2002; amended at 26 Ill. Reg.13347, effective August 21, 2002, for a maximum of 150 days;

emergency amendment at 26 Ill. Reg. 14706, effective September 20, 2002, for a maximum of

150 days; emergency expired on February 16, 2003; amended at 27 Ill. Reg. 5969, effective

March 31, 2003; amended at 27 Ill. Reg. 13577, effective August 1, 2003; amended at 28 Ill.

Reg. 12123, effective September 1, 2004; amended at 28 Ill. Reg. 15804, effective November 19,

2004; amended at 31 Ill. Reg. 6185, effective May 1, 2007; amended at 31 Ill. Reg. 14837,

effective November 1, 2007; amended at 33 Ill. Reg. 282, effective January 1, 2009; emergency

amendment at 35 Ill. Reg. 3848, effective February 15, 2011, for a maximum of 150 days;

amended at 35 Ill. Reg. 10934, effective June 21, 2011; amended at 36 Ill. Reg. 7300, effective

April 30, 2012; amended at 37 Ill. Reg. 5844, effective April 19, 2013; amended at 39 Ill. Reg.

2718, effective February 6, 2015; amended at 40 Ill. Reg. 834, effective December 31, 2015;

amended at 40 Ill. Reg. 6158, effective March 23, 2016; amended at 41 Ill. Reg. 473, effective

December 28, 2016; amended at 42 Ill. Reg. 16921, effective September 5, 2018; emergency

amendment at 44 Ill. Reg. 5824, effective March 17, 2020, for a maximum of 150 days;

emergency amendment to emergency rule at 44 Ill. Reg. 6634, effective April 9, 2020, for the

remainder of the 150 days; emergency amendment effective March 17, 2020, as amended April

9, 2020, repealed at 44 Ill. Reg. 11588, effective June 30, 2020.

SUBPART H: MISCELLANEOUS

Section 1001.800 Extension of Hearing Dates (Repealed)

EMERGENCY

Pursuant to the power vested in him by Section 5(7) of the Secretary of State Act, and pursuant

to the provisions of the Executive order No. 2020-08, issued on March 17, 2020, and Executive

Order No. 2020-18, issued April 1, 2020, the Secretary of State extends for the duration of the

disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on

March 9, 2020, as extended by subsequent disaster proclamations, and for a period of 120 days

thereafter the date for all hearings conducted pursuant to Section 2-118(a) of the Illinois Vehicle

Code. This extension period may be rescinded by the Secretary of State through the adoption of

an emergency rulemaking.

(Source: Added by emergency rulemaking at 44 Ill. Reg. 5824, effective March 17,

2020, for a maximum of 150 days; amended by emergency amendment to emergency rule

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ILLINOIS REGISTER 11594

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

at 44 Ill. Reg. 6634, effective April 9, 2020, for the remainder of the 150 days; repealed

by emergency rulemaking at 44 Ill. Reg. 11588, effective June 30, 2020)

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ILLINOIS REGISTER 11595

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

1) Heading of the Part: Certificates of Title, Registration of Vehicles

2) Code Citation: 92 Ill. Adm. Code 1010

3) Section Number: Emergency Action:

1010.630 Repealed

4) Statutory Authority: 625 ILCS 5/2-104(b).

5) Effective Date of Emergency Rule: March 17, 2020

6) Effective Date of Emergency Repeal to Emergency Rule: June 30, 2020

7) Date Filed with the Index Department: June 30, 2020

8) A copy of the Emergency Repeal to Emergency Rule, including any material

incorporated by reference, is on file in the Agency's principal office and is available for

public inspection.

9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency rules that have

been previously filed, to ensure the needs of the agency and the public are best met.

evised emergency rules in accordance with recent PA 101-640 are being filed.

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

11) Information and questions regarding this emergency rule shall be directed to:

Brenda Glahn

Senior Legal Advisor

298 Howlett Building

Springfield IL 62756

[email protected]

The full text of the Emergency Repeal of Emergency Amendment begins on the next page:

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ILLINOIS REGISTER 11596

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1010

CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES

SUBPART A: DEFINITIONS

Section

1010.10 Owner – Application of Term

1010.20 Secretary and Department

SUBPART B: TITLES

Section

1010.110 Salvage Certificate – Additional Information Required to Accompany Application

for a Certificate of Title for a Rebuilt or a Restored Vehicle Upon Surrendering

Salvage Certificate

1010.120 Salvage Certificate – Assignments and Reassignments

1010.130 Exclusiveness of Lien on Certificate of Title

1010.140 Documents Required to Title and Register Imported Vehicles Not Manufactured

in Conformity with Federal Emission or Safety Standards

1010.150 Transferring Certificates of Title Upon the Owner's Death

1010.160 Repossession of Vehicles by Lienholders and Creditors

1010.170 Junking Notification

1010.180 Specially Constructed Vehicles – Defined

1010.185 Specially Constructed Vehicles – Required Documentation for Title and

Registration

1010.190 Issuance of Title and Registration Without Standard Ownership Documents −

Bond

1010.193 Procedures for Application for Title for Vehicles Purchased at Mechanic's Lien

Sales

1010.195 Procedures and Disclosures for Vehicles Previously Titled in Areas Flooded as a

Result of a Natural Disaster

SUBPART C: REGISTRATION

Section

1010.200 Homemade Trailers − Title and Registration

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ILLINOIS REGISTER 11597

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

1010.210 Application for Registration

1010.220 Vehicles Subject to Registration – Exceptions

1010.230 Refusing Registration or Certificate of Title

1010.240 Registration Plates To Be Furnished by the Secretary of State

1010.245 Electronic Registration and Titling (ERT) Program Provisions

1010.250 Applications For Reassignment

SUBPART D: REVOCATION, SUSPENSION AND

CANCELLATION OF REGISTRATION

Section

1010.300 Operation of Vehicle after Cancellation, Suspension, or Revocation of any

Registration

1010.310 Improper Use of Evidences of Registration

1010.320 Suspension, Cancellation or Revocation of Illinois Registration Plates and Cards

and Titles

1010.330 Operation of Vehicle Without Proper Illinois Registration

1010.350 Suspension or Revocation

1010.360 Surrender of Plates, Decals or Cards

SUBPART E: SPECIAL PERMITS AND PLATES

Section

1010.410 Temporary Registration – Individual Transactions

1010.420 Temporary Permit Pending Registration In Illinois

1010.421 Issuance of Temporary Registration Permits by Persons or Entities Other Than the

Secretary of State

1010.425 Non-Resident Drive-Away Permits

1010.426 Seven Day Permits

1010.430 Registration Plates for Motor Vehicles Used for Transportation of Persons for

Compensation and Tow Trucks

1010.440 Title and Registration of Vehicles with Permanently Mounted Equipment

1010.450 Special Plates

1010.451 Purple Heart License Plates

1010.452 Special Event License Plates

1010.453 Retired Armed Forces License Plates

1010.454 Gold Star License Plates

1010.455 Collectible License Plates

1010.456 Sample License Plates For Motion Picture and Television Studios

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ILLINOIS REGISTER 11598

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

1010.457 Korean War Veteran License Plates

1010.458 Collegiate License Plates

1010.459 Universal Plate Decal

1010.460 Special Plates for Members of the United States Armed Forces Reserves

1010.465 Requests for General Issuance Specialty License Plates

1010.470 Dealer Plate Records

1010.480 State of Illinois In-Transit Plates

SUBPART F: FEES

Section

1010.510 Determination of Registration Fees

1010.520 When Fees Returnable

1010.530 Circuit Breaker Registration Discount

1010.540 Fees

1010.550 Determining Age of Vehicle

SUBPART G: MISCELLANEOUS

Section

1010.610 Unlawful Acts, Fines and Penalties

1010.620 Change of Engine

1010.630 Extension of Expiration Date (Repealed)

EMERGENCY

SUBPART H: SECOND DIVISION VEHICLES

Section

1010.705 Reciprocity

1010.710 Vehicle Proration

1010.715 Proration Fees

1010.720 Vehicle Apportionment

1010.725 Trip Leasing

1010.730 Intrastate Movements, Foreign Vehicles

1010.735 Interline Movements

1010.740 Trip and Short-term Permits

1010.745 Signal 30 Permit for Foreign Registration Vehicles (Repealed)

1010.750 Signal 30-Year-round for Prorated Fleets of Leased Vehicles (Repealed)

1010.755 Mileage Tax Plates

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ILLINOIS REGISTER 11599

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

1010.756 Suspension or Revocation of Illinois Mileage Weight Tax Plates

1010.760 Transfer for "For-Hire" Loads

1010.765 Suspension or Revocation of Exemptions as to Foreign Registered Vehicles

1010.770 Required Documents for Trucks and Buses to detect "intrastate" movements

1010.775 Certificate of Safety

1010.APPENDIX A Uniform Vehicle Registration Proration and Reciprocity Agreement

1010.APPENDIX B International Registration Plan

1010.APPENDIX C Affirmation Supporting Salvage Certificate

1010.APPENDIX D Specialty License Plates Request Form

AUTHORITY: Authorized by Section 2-104(b) of, and implementing Chapters 3 and 5 of, the

Illinois Vehicle Code [625 ILCS 5].

SOURCE: Filed and effective December 15, 1970; emergency amendment at 2 Ill. Reg. 25, p.

119, effective June 14, 1978, for a maximum of 150 days; amended at 3 Ill. Reg. 12, p. 76,

effective March 23, 1979; amended at 3 Ill. Reg. 29, p. 123, effective July 20, 1979; amended at

4 Ill. Reg. 17, p. 247, effective April 11, 1980; emergency amendment at 4 Ill. Reg. 21, p. 99,

effective May 14, 1980, for a maximum of 150 days; amended at 6 Ill. Reg. 2241, effective

February 1, 1982; amended at 6 Ill. Reg. 11076, effective August 26, 1982; codified at 6 Ill. Reg.

12674; amended at 7 Ill. Reg. 1432, effective January 21, 1983; amended at 7 Ill. Reg. 1436,

effective January 21, 1983; amended at 8 Ill. Reg. 5329, effective April 6, 1984; amended at 9

Ill. Reg. 3358, effective March 1, 1985; amended at 9 Ill. Reg. 9176, effective May 30, 1985;

amended at 9 Ill. Reg. 12863, effective August 2, 1985; amended at 9 Ill. Reg. 14711, effective

September 13, 1985; amended at 10 Ill. Reg. 1243, effective January 6, 1986; amended at 10 Ill.

Reg. 4245, effective February 26, 1986; amended at 10 Ill. Reg. 14308, effective August 19,

1986; recodified at 11 Ill. Reg. 15920; amended at 12 Ill. Reg. 14711, effective September 15,

1988; amended at 12 Ill. Reg. 15193, effective September 15, 1988; amended at 13 Ill. Reg.

1598, effective February 1, 1989; amended at 13 Ill. Reg. 5173, effective April 1, 1989; amended

at 13 Ill. Reg. 7965, effective May 15, 1989; amended at 13 Ill. Reg. 15102, effective September

15, 1989; amended at 14 Ill. Reg. 4560, effective March 1, 1990; amended at 14 Ill. Reg. 6848,

effective April 18, 1990; amended at 14 Ill. Reg. 9492, effective June 1, 1990; amended at 14 Ill.

Reg. 19066, effective November 15, 1990; amended at 15 Ill. Reg. 12782, effective August 15,

1991; amended at 16 Ill. Reg. 12587, effective August 1, 1992; amended at 19 Ill. Reg. 11947,

effective August 1, 1995; amended at 19 Ill. Reg. 16289, effective November 27, 1995; amended

at 20 Ill. Reg. 11349, effective August 1, 1996; amended at 21 Ill. Reg. 8408, effective June 23,

1997; amended at 21 Ill. Reg. 13372, effective September 17, 1997; amended at 22 Ill. Reg.

8521, effective April 28, 1998; amended at 22 Ill. Reg. 22059, effective January 1, 1999;

amended at 25 Ill. Reg. 7731, effective June 6, 2001; emergency amendment at 25 Ill. Reg.

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ILLINOIS REGISTER 11600

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

14201, effective October 22, 2001, for a maximum of 150 days; emergency expired March 20,

2002; amended at 26 Ill. Reg. 14282, effective September 16, 2002; amended at 27 Ill. Reg.

4790, effective February 27, 2003; amended at 29 Ill. Reg. 8915, effective June 10, 2005;

amended at 31 Ill. Reg. 2668, effective January 29, 2007; amended at 32 Ill. Reg. 17253,

effective October 15, 2008; amended at 32 Ill. Reg. 17590, effective October 16, 2008; amended

at 34 Ill. Reg. 3673, effective March 5, 2010; amended at 34 Ill. Reg. 10202, effective June 29,

2010; amended at 35 Ill. Reg. 1652, effective January 13, 2011; amended at 35 Ill. Reg. 8240,

effective May 16, 2011; amended at 36 Ill. Reg. 7674, effective May 2, 2012; amended at 36 Ill.

Reg. 14745, effective September 24, 2012; amended at 36 Ill. Reg. 17094, effective November

20, 2012; emergency amendment at 36 Ill. Reg. 17580, effective November 28, 2012, for a

maximum of 150 days; amended at 37 Ill. Reg. 4340, effective March 22, 2013; amended at 37

Ill. Reg. 8941, effective June 14, 2013; amended at 37 Ill. Reg. 12578, effective July 17, 2013;

amended at 39 Ill. Reg. 5106, effective March 20, 2015; amended at 42 Ill. Reg. 212, effective

December 19, 2017; amended at 42 Ill. Reg. 14450, effective July 23, 2018; amended at 43 Ill.

Reg. 3945, effective March 15, 2019; amended at 44 Ill. Reg. 2014, effective December 31,

2019; emergency amendment at 44 Ill. Reg. 5831, effective March 17, 2020, for a maximum of

150 days; emergency amendment to emergency rule at 44 Ill. Reg. 6641, effective April 9, 2020,

for the remainder of the 150 days; emergency amendment effective March 17, 2020, as amended

April 9, 2020, repealed at 44 Ill. Reg. 11595, effective June 30, 2020.

SUBPART G: MISCELLANEOUS

Section 1010.630 Extension of Expiration Dates (Repealed)

EMERGENCY

a) Pursuant to the powers vested in him by Section 2-104(b) of the Illinois Vehicle

Code, and pursuant to the provisions of Executive Order No. 2020-08 issued on

March 17, 2020, and Executive Order No. 2020-18, issued April 1, 2020, the

Secretary of State hereby extends for the duration of the disaster proclaimed by

the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9,

2020, as extended by subsequent proclamations, the expiration dates of vehicle

registrations as set forth in subsection (b), including but not limited to those set

forth in the following statutes:

625 ILCS 5/3-414

625 ILCS 5/3-414.1

625 ILCS 5/3-414.5

625 ILCS 5/3-402.1

625 ILCS 5/3-407

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ILLINOIS REGISTER 11601

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

b) The expiration dates of vehicle registrations are extended as follows:

1) All expired vehicle registrations that were due to be renewed at any point

before or during the duration of the disaster proclamation are extended by

120 days from the date on which the disaster terminates and the Secretary

of State's office resumes operations;

2) All vehicle registrations that expire during the month in which the disaster

terminates and the Secretary of State's office resumes operations are

extended by 120 days beyond the original expiration date for those

registrations;

3) All vehicle registrations that are due to expire in the first full month after

the disaster terminates and the Secretary of State's office resumes

operations are extended by 120 days beyond the original expiration date

for those registrations;

4) All vehicle registrations that are due to expire in the second full month

after the disaster terminates and the Secretary of State's office resumes

operations are extended by 120 days beyond the original expiration date

for those registrations;

5) All vehicle registrations that are due to expire in the third full month after

the disaster terminates and the Secretary of State's office resumes

operations are extended by 120 days beyond the original expiration date

for those registrations;

6) All vehicle registrations that are due to expire in the fourth full month

after the disaster terminates and the Secretary of State's office resumes

operations are extended by 120 days beyond the original expiration date

for those registrations;

7) All vehicle registrations that are due to expire in the fifth full month after

the disaster terminates and the Secretary of State's office resumes

operations are extended by 120 days beyond the original expiration date

for those registrations; and

8) All vehicle registrations that are due to expire in the sixth full month after

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ILLINOIS REGISTER 11602

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

the disaster terminates and the Secretary of State's office resumes

operations are extended by 120 days beyond the original expiration date

for those registrations.

c) To be eligible for the extensions set forth in this Section, vehicles must be

otherwise eligible for registration.

d) Any penalties imposed due to the late filing of vehicle registrations shall be

waived for any vehicles subject to this Section.

e) These extension periods may be altered or rescinded by the Secretary of State

through the adoption of an emergency rule.

(Source: Added by emergency rulemaking at 44 Ill. Reg. 5831, effective March 17,

2020, for a maximum of 150 days; amended by emergency amendment to emergency rule

at 44 Ill. Reg. 6641, effective April 9, 2020, for a maximum of the 150 days; repealed by

emergency rulemaking at 44 Ill. Reg. 11595, effective June 30, 2020)

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ILLINOIS REGISTER 11603

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

1) Heading of the Part: Issuance of Licenses

2) Code Citation: 92 Ill. Adm. Code 1030

3) Section Number: Emergency Action:

1030.160 Repealed

4) Statutory Authority: Implementing and authorized by Sections 8-9a of the Secretary of

State Merit Employment Code [15 ILCS 310].

5) Effective Date of Emergency Rule being Repealed: March 17, 2020

6) Effective Date of Emergency Repeal of Emergency Rule: June 30, 2020

7) Date Filed with the Index Department: June 29, 2020

8) A copy of the Emergency Repeal of Emergency Rule, including any material

incorporated by reference, is on file in the Agency's principal office and is available for

public inspection.

9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency rules that have

been previously filed, to ensure the needs of the agency and the public are best met.

Revised emergency rules in accordance with recent PA 101-640 are being filed.

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

11) Information and questions regarding this emergency repeal shall be directed to:

Brenda Glahn

Senior Legal Advisor

298 Howlett Building

Springfield IL 62756

[email protected]

The full text of the Emergency Repeal of Emergency Amendment begins on the next page:

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ILLINOIS REGISTER 11604

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1030

ISSUANCE OF LICENSES

Section

1030.1 Definitions

1030.5 Procedure for Obtaining a Standard Driver's License or Identification Card

1030.6 Procedure for Obtaining a Visa Status Temporary Visitor's Driver's License

Pursuant to IVC Section 6-105.1(a)

1030.7 Procedure for Obtaining a Non-Visa Status Temporary Visitor's Driver's License

Pursuant to IVC Section 6-105.1(a-5)

1030.8 Procedure for Obtaining a Real ID Compliant Driver's License or Identification

Card

1030.10 What Persons Shall Not Be Licensed or Granted Permits

1030.11 Procedure for Obtaining a Driver's License/Temporary Visitor's Driver's License

(Renumbered)

1030.12 Identification Cards for the Homeless

1030.13 Denial of License or Permit

1030.14 Emergency Contact Database

1030.15 Cite for Re-testing

1030.16 Physical and Mental Evaluation

1030.17 Errors in Issuance of Driver's License/Cancellation

1030.18 Medical Criteria Affecting Driver Performance

1030.20 Classification of Drivers – References (Repealed)

1030.22 Medical Examiner's Certificate − CLP or CDL Holders

1030.25 Safe Driver License Renewals

1030.26 Identification Cards for IDOC/IDJJ Applicants

1030.27 Identification Cards for Youth in Care

1030.30 Classification Standards

1030.40 Fifth Wheel Equipped Trucks

1030.50 Bus Driver's Authority, Religious Organization and Senior Citizen Transportation

1030.55 Commuter Van Driver Operating a For-Profit Ridesharing Arrangement

1030.60 Third-Party Certification Program

1030.63 Religious Exemption for Social Security Numbers (Repealed)

1030.65 Instruction Permits

1030.66 Adult Driver Education

1030.70 Driver's License Testing/Vision Screening

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ILLINOIS REGISTER 11605

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

1030.75 Driver's License Testing/Vision Screening With Vision Aid Arrangements Other

Than Standard Eye Glasses or Contact Lenses

1030.80 Driver's License Testing/Written Test

1030.81 Endorsements

1030.82 Charter Bus Driver Endorsement Requirements

1030.83 Hazardous Material Endorsement

1030.84 Vehicle Inspection

1030.85 Driver's License Testing/Road Test

1030.86 Multiple Attempts − Written and/or Road Tests

1030.88 Exemption of Facility Administered Road Test

1030.89 Temporary Driver's Licenses and Temporary Instruction Permits

1030.90 Requirement for Photograph and Signature of Licensee on Driver's License

1030.91 Person with a Disability Identification Card

1030.92 Restrictions

1030.93 Restricted Local Licenses

1030.94 Duplicate or Corrected Driver's License or Instruction Permit

1030.95 Consular Licenses (Repealed)

1030.96 Seasonal Restricted Commercial Driver's License

1030.97 Invalidation of a Driver's License, Permit and/or Driving Privilege

1030.98 School Bus Endorsement or Learner's Permit

1030.100 Anatomical Gift Donor (Repealed)

1030.110 Emergency Medical Information Card

1030.115 Change-of-Address

1030.120 Issuance of a Probationary License

1030.130 Grounds for Cancellation of a Probationary License

1030.140 Use of Captured Images

1030.150 Veteran Designation on Driver's License or Identification Card

1030.160 Extension of Expiration Dates (Repealed)

EMERGENCY

1030.APPENDIX A Questions Asked of a Driver's License Applicant

1030.APPENDIX B Acceptable Identification Documents – Applicants for a Standard

Identification Card, Driver's License, Instruction Permit, Visa Status

Temporary Visitor's Driver's License Pursuant to IVC Section 6-

105.1(a) or Visa Status Temporary Visitor's Instruction Permit (Non-

Real ID)

1030.APPENDIX C Acceptable Identification Documents – Applicants for a Non-Visa

Status Temporary Visitor's Driver's License or Non-Visa Status

Temporary Visitor's Instruction Permit Pursuant to IVC Section 6-

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ILLINOIS REGISTER 11606

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

105.1(a-5)

1030.APPENDIX D Acceptable Identification Documents – Applicants for a Real ID

Compliant Driver's License or Identification Card

AUTHORITY: Implementing Article I of the Illinois Driver Licensing Law of the Illinois

Vehicle Code [625 ILCS 5/Ch. 6, Art. I] and authorized by Section 2-104(b) of the Illinois

Vehicle Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5] and Section

2(b)(2) of the Illinois Identification Card Act [15 ILCS 335].

SOURCE: Filed March 30, 1971; amended at 3 Ill. Reg. 7, p. 13, effective April 2, 1979;

amended at 4 Ill. Reg. 27, p. 422, effective June 23, 1980; amended at 6 Ill. Reg. 2400, effective

February 10, 1982; codified at 6 Ill. Reg. 12674; amended at 9 Ill. Reg. 2716, effective February

20, 1985; amended at 10 Ill. Reg. 303, effective December 24, 1985; amended at 10 Ill. Reg.

15130, effective September 2, 1986; amended at 10 Ill. Reg. 18182, effective October 14, 1986;

amended at 11 Ill. Reg. 9331, effective April 28, 1987; amended at 11 Ill. Reg. 18292, effective

October 23, 1987; amended at 12 Ill. Reg. 3027, effective January 14, 1988; amended at 12 Ill.

Reg. 13221, effective August 1, 1988; amended at 12 Ill. Reg. 16915, effective October 1, 1988;

amended at 12 Ill. Reg. 19777, effective November 15, 1988; amended at 13 Ill. Reg. 5192,

effective April 1, 1989; amended at 13 Ill. Reg. 7808, effective June 1, 1989; amended at 13 Ill.

Reg. 12880, effective July 19, 1989; amended at 13 Ill. Reg. 12978, effective July 19, 1989;

amended at 13 Ill. Reg. 13898, effective August 22, 1989; amended at 13 Ill. Reg. 15112,

effective September 8, 1989; amended at 13 Ill. Reg. 17095, effective October 18, 1989;

amended at 14 Ill. Reg. 4570, effective March 8, 1990; amended at 14 Ill. Reg. 4908, effective

March 9, 1990; amended at 14 Ill. Reg. 5183, effective March 21, 1990; amended at 14 Ill. Reg.

8707, effective May 16, 1990; amended at 14 Ill. Reg. 9246, effective May 16, 1990; amended at

14 Ill. Reg. 9498, effective May 17, 1990; amended at 14 Ill. Reg. 10111, effective June 11,

1990; amended at 14 Ill. Reg. 10510, effective June 18, 1990; amended at 14 Ill. Reg. 12077,

effective July 5, 1990; amended at 14 Ill. Reg. 15487, effective September 10, 1990; amended at

15 Ill. Reg. 15783, effective October 18, 1991; amended at 16 Ill. Reg. 2182, effective January

24, 1992; emergency amendment at 16 Ill. Reg. 12228, effective July 16, 1992, for a maximum

of 150 days; emergency expired on December 13, 1992; amended at 16 Ill. Reg. 18087, effective

November 17, 1992; emergency amendment at 17 Ill. Reg. 1219, effective January 13, 1993, for

a maximum of 150 days; amended at 17 Ill. Reg. 2025, effective February 1, 1993; amended at

17 Ill. Reg. 7065, effective May 3, 1993; amended at 17 Ill. Reg. 8275, effective May 24, 1993;

amended at 17 Ill. Reg. 8522, effective May 27, 1993; amended at 17 Ill. Reg. 19315, effective

October 22, 1993; amended at 18 Ill. Reg. 1591, effective January 14, 1994; amended at 18 Ill.

Reg. 7478, effective May 2, 1994; amended at 18 Ill. Reg. 16457, effective October 24, 1994;

amended at 19 Ill. Reg. 10159, effective June 29, 1995; amended at 20 Ill. Reg. 3891, effective

February 14, 1996; emergency amendment at 20 Ill. Reg. 8358, effective June 4, 1996, for a

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ILLINOIS REGISTER 11607

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

maximum of 150 days; emergency amendment repealed in response to an objection of the Joint

Committee on Administrative Rules at 20 Ill. Reg. 14279; amended at 21 Ill. Reg. 6588,

effective May 19, 1997; amended at 21 Ill. Reg. 10992, effective July 29, 1997; amended at 22

Ill. Reg. 1466, effective January 1, 1998; emergency amendment at 23 Ill. Reg. 9552, effective

August 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 13947, effective November

8, 1999; amended at 24 Ill. Reg. 1259, effective January 7, 2000; emergency amendment at 24

Ill. Reg. 1686, effective January 13, 2000, for a maximum of 150 days; amended at 24 Ill. Reg.

6955, effective April 24, 2000; emergency amendment at 24 Ill. Reg. 13044, effective August

10, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 18400, effective December 4,

2000; amended at 25 Ill. Reg. 959, effective January 5, 2001; amended at 25 Ill. Reg. 7742,

effective June 5, 2001; amended at 25 Ill. Reg. 12646, effective September 24, 2001; emergency

amendment at 25 Ill. Reg. 12658, effective September 24, 2001, for a maximum of 150 days;

emergency expired February 20, 2002; amended at 26 Ill. Reg. 9961, effective June 24, 2002;

amended at 27 Ill. Reg. 855, effective January 3, 2003; emergency amendment at 27 Ill. Reg.

7340, effective April 14, 2003, for a maximum of 150 days; emergency expired September 10,

2003; emergency amendment at 27 Ill. Reg. 16968, effective October 17, 2003, for a maximum

of 150 days; emergency expired March 14, 2004; emergency amendment at 28 Ill. Reg. 384,

effective January 1, 2004, for a maximum of 150 days; emergency expired May 29, 2004;

amended at 28 Ill. Reg. 8895, effective June 14, 2004; amended at 28 Ill. Reg. 10776, effective

July 13, 2004; amended at 29 Ill. Reg. 920, effective January 1, 2005; emergency amendment at

29 Ill. Reg. 2469, effective January 31, 2005, for a maximum of 150 days; emergency expired

June 29, 2005; amended at 29 Ill. Reg. 9488, effective June 17, 2005; amended at 29 Ill. Reg.

12519, effective July 28, 2005; amended at 29 Ill. Reg. 13237, effective August 11, 2005;

amended at 29 Ill. Reg. 13580, effective August 16, 2005; amended at 30 Ill. Reg. 910, effective

January 6, 2006; amended at 30 Ill. Reg. 5621, effective March 7, 2006; amended at 30 Ill. Reg.

11365, effective June 15, 2006; emergency amendment at 30 Ill. Reg. 11409, effective June 19,

2006, for a maximum of 150 days; emergency expired November 15, 2006; amended at 31 Ill.

Reg. 4782, effective March 12, 2007; amended at 31 Ill. Reg. 5096, effective March 15, 2007;

amended at 31 Ill. Reg. 5864, effective March 29, 2007; amended at 31 Ill. Reg. 6370, effective

April 12, 2007; amended at 31 Ill. Reg. 7643, effective May 16, 2007; amended at 31 Ill. Reg.

11342, effective July 18, 2007; amended at 31 Ill. Reg. 14547, effective October 9, 2007;

amended at 31 Ill. Reg. 14849, effective October 22, 2007; amended at 31 Ill. Reg. 16543,

effective November 27, 2007; amended at 31 Ill. Reg. 16843, effective January 1, 2008;

emergency amendment at 32 Ill. Reg. 208, effective January 2, 2008, for a maximum of 150

days; amended at 32 Ill. Reg. 6544, effective April 4, 2008; amended at 33 Ill. Reg. 2391,

effective January 21, 2009; amended at 33 Ill. Reg. 8489, effective June 5, 2009; amended at 33

Ill. Reg. 9794, effective June 29, 2009; amended at 33 Ill. Reg. 11620, effective July 22, 2009;

amended at 33 Ill. Reg. 14185, effective September 28, 2009; amended at 34 Ill. Reg. 563,

effective December 22, 2009; amended at 34 Ill. Reg. 9457, effective June 23, 2010; amended at

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ILLINOIS REGISTER 11608

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

34 Ill. Reg. 15418, effective September 22, 2010; amended at 34 Ill. Reg. 19071, effective

November 22, 2010; amended at 35 Ill. Reg. 2197, effective January 21, 2011; amended at 35 Ill.

Reg. 4692, effective March 3, 2011; amended at 35 Ill. Reg. 19664, effective November 23,

2011; amended at 36 Ill. Reg. 3924, effective February 27, 2012; amended at 36 Ill. Reg. 7255,

effective April 26, 2012; amended at 36 Ill. Reg. 14755, effective September 18, 2012; amended

at 37 Ill. Reg. 7776, effective May 22, 2013; amended at 37 Ill. Reg. 14176, effective September

1, 2013; amended at 37 Ill. Reg. 19342, effective November 28, 2013; amended at 38 Ill. Reg.

7946, effective March 28, 2014; emergency amendment at 38 Ill. Reg. 8429, effective April 4,

2014, for a maximum of 150 days; amended at 38 Ill. Reg. 12515, effective July 1, 2014;

amended at 38 Ill. Reg. 16366, effective July 21, 2014; amended at 38 Ill. Reg. 20039, effective

October 1, 2014; amended at 39 Ill. Reg. 1182, effective January 5, 2015; amended at 39 Ill.

Reg. 5083, effective March 23, 2015; amended at 39 Ill. Reg. 8028, effective May 21, 2015;

amended at 39 Ill. Reg. 11531, effective July 28, 2015; amended at 39 Ill. Reg. 14930, effective

October 29, 2015; amended at 40 Ill. Reg. 1882, effective January 12, 2016; amended at 40 Ill.

Reg. 7330, effective May 2, 2016; amended at 40 Ill. Reg. 13637, effective September 19, 2016;

amended at 40 Ill. Reg. 15397, effective October 26, 2016; amended at 41 Ill. Reg. 438,

December 29, 2016; amended at 41 Ill. Reg. 3009, effective February 24, 2017; amended at 41

Ill. Reg. 13665, effective October 30, 2017; amended at 42 Ill. Reg. 1886, effective January 3,

2018; amended at 42 Ill. Reg. 2891, effective January 29, 2018; amended at 42 Ill. Reg. 4969,

effective March 5, 2018; amended at 42 Ill. Reg. 11499, effective June 8, 2018; amended at 42

Ill. Reg. 20548, effective October 30, 2018; amended at 43 Ill. Reg. 3724, effective March 4,

2019; amended at 43 Ill. Reg. 5322, effective April 24, 2019; amended at 44 Ill. Reg. 2041,

effective December 31, 2019; emergency amendment at 44 Ill. Reg. 5477, effective March 16,

2020, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 5839, effective March

17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg.

6650, effective April 9, 2020, for the remainder of the 150 days; emergency amendment at 44 Ill.

Reg. 10011, effective May 21, 2020, for a maximum of 150 days; emergency amendment

effective March 17, 2020, as amended April 9, 2020; repealed at 44 Ill. Reg. 11603, effective

June 30, 2020.

Section 1030.160 Extension of Expiration Dates (Repealed)

EMERGENCY

a) Pursuant to the powers vested in him by Section 2-104(b) of the Illinois Vehicle

Code and Section 2(b)(2) of the Illinois Identification Card Act, and pursuant to

the provisions of Executive Order No. 2020-08, issued on March 17, 2020, and

Executive Order No. 2020-18, issued April 1, 2020, the Secretary of State hereby

extends for the duration of the disaster proclaimed by the Governor in

Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as

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ILLINOIS REGISTER 11609

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

extended by subsequent disaster proclamations, and for a period of 90 days

thereafter the expiration dates of any driver's licenses, instruction permits, permits

and identification cards, including but not limited to those set forth in the

following statutes:

625 ILCS 5/6-105

625 ILCS 5/6-105.1

625 ILCS 5/6-107.1

625 ILCS 5/6-107.4

625 ILCS 5/6-115

625 ILCS 5/6-205

625 ILCS 5/6-206.1

625 ILCS 5/6-507.5

625 ILCS 5/6-106.1

625 ILCS 5/6-113(c)

15 ILCS 335/4

15 ILCS 335/8

b) To be eligible for such extension, the person's driver's license, instruction permit,

permit or identification card must be valid as of the date of this emergency

rulemaking. All conditions and restrictions under which the driver's licenses,

instruction permits, permits and identification cards were issued shall remain in

full force and effect during the period of this extension. This extension period

may be rescinded by the Secretary of State through the adoption of an emergency

rule.

(Source: Added by emergency rulemaking at 44 Ill. Reg. 5839, effective March 17,

2020, for a maximum of 150 days; amended by emergency amendment to emergency rule

at 44 Ill. Reg. 6650, effective April 9, 2020, for the remainder of the 150 days; repealed

by emergency rulemaking at 44 Ill. Reg. 11603, effective June 30, 2020)

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ILLINOIS REGISTER 11610

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Commercial Driver Training Schools

2) Code Citation: 92 Ill. Adm. Code 1060

3) Section Number: Emergency Action:

1060.270 Amendment

4) Statutory Authority: Implementing Article IV of the Illinois Driver Licensing Law of the

Illinois Motor Vehicle Code [625 ILCS 5/Ch. 6, Art. IV] and authorized by Section 2-

104(b) of the Illinois Title and Registration Law of the Illinois Vehicle Code [625 ILCS

5/2-104(b)].

5) Effective Date of Emergency Rule: June 25, 2020

6) If this emergency rule is to expire before the end of the 150-day period, please specify the

date on which it is to expire: This emergency rule will expire at the end of 150 days or

the date on which the disaster proclaimed by the Governor in Gubernatorial Proclamation

number 2020-038 issued on March 9, 2020, and as extended by subsequent

proclamations, terminates, whichever occurs first.

7) Date Filed with the Index Department: June 25, 2020

8) A statement that a copy of the emergency rule, including any material incorporated by

reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: Emergency rules are need to ensure the public safety and welfare

of those students enrolled in driver education classes at commercial driving schools due

to the evolving COVID-19 pandemic.

10) A Complete Description of the Subjects and Issues Involved: Sets forth guidelines under

which the classroom portion of driver education may be conducted as Illinois moves into

Phase 4 of the Restore Illinois plan.

11) Are there any other rulemakings to this Part pending? Yes

Section Number: Proposed Action: Illinois Register Citation:

1060.270 New Section 44 Ill. Reg. 9926; June 5, 2020

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ILLINOIS REGISTER 11611

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

12) Statement of Statewide Policy Objective: This rulemaking does not create or enlarge a

mandate as described in Section 3(b) of the State Mandates Act.

13) Information and questions regarding this emergency rule shall be directed to:

Brenda Glahn

Senior Legal Advisor

298 Howlett Building

Springfield IL 62756

[email protected]

The full text of the Emergency Amendment to Emergency Rule begins on the next page:

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ILLINOIS REGISTER 11612

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1060

COMMERCIAL DRIVER TRAINING SCHOOLS

Section

1060.5 Definitions

1060.10 Unlicensed Person May Not Operate Driver Training School

1060.20 Requirements for School Licenses

1060.30 Driver Training School Names

1060.40 Refund of Application Fees

1060.50 School Locations and Facilities

1060.60 Driver Training School Student Instruction Record

1060.70 Driver Training School Course of Instruction

1060.71 Adult Driver Education Course Certification

1060.72 Adult Driver Education Classroom Instruction

1060.80 Driver Training School Contracts

1060.90 Inspection of School Facilities

1060.100 Licenses

1060.110 Safety Inspection of Driver Training School Motor Vehicles

1060.120 Requirements to Obtain and Retain a Driver Training Instructor's License

1060.130 Examination for Driver Training Instructor

1060.140 Temporary Permit

1060.150 Driver Training School Responsibility for Employees

1060.160 Solicitation of Students and Pupils for Commercial Driver Training Instruction

1060.170 Hearings

1060.180 Teen Accreditation

1060.181 Teen Accreditation Classroom and Behind-the-Wheel Requirements

1060.190 Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training

School's License, Teen Accreditation, CDL Accreditation, and Instructor's

License

1060.200 Commercial Driver's License and/or Endorsement and/or Accreditation

1060.210 Driver Training School Responsibility for Employees (Recodified)

1060.220 Solicitation of Students and Pupils for Commercial Driver Training Instruction

(Recodified)

1060.230 Hearings (Recodified)

1060.240 Teen Accreditation (Recodified)

1060.250 Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training

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ILLINOIS REGISTER 11613

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

School's License and Instructor's License (Recodified)

1060.260 Commercial Driver's License and/or Endorsement and/or Restriction

Accreditation (Recodified)

1060.270 Operations During COVID-19 Pandemic

EMERGENCY

AUTHORITY: Implementing Article IV of the Illinois Driver Licensing Law of the Illinois

Motor Vehicle Code [625 ILCS 5/Ch. 6, Art. IV] and authorized by Section 2-104(b) of the

Illinois Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5/2-104(b)].

SOURCE: Filed March 2, 1972; codified at 6 Ill. Reg. 12697; transferred from 23 Ill. Adm.

Code 252.50 (State Board of Education) pursuant to Section 5-80(d) of the Illinois

Administrative Procedure Act [5 ILCS 100/5-80(d)] and Section 6-411 of the Illinois Driver

Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411] at 11 Ill. Reg. 1631, effective

December 31, 1986; amended at 11 Ill. Reg. 17244, effective October 13, 1987; amended at 12

Ill. Reg. 13203, effective August 1, 1988; amended at 12 Ill. Reg. 19756, effective November 15,

1988; amended at 14 Ill. Reg. 8658, effective May 18, 1990; recodified at 17 Ill. Reg. 20006,

effective November 3, 1993; amended at 18 Ill. Reg. 7788, effective May 9, 1994; amended at

20 Ill. Reg. 3861, effective February 14, 1996; amended at 22 Ill. Reg. 22069, effective

December 2, 1998; emergency amendment at 24 Ill. Reg. 8403, effective June 2, 2000, for a

maximum of 150 days; amended at 24 Ill. Reg. 15443, effective October 5, 2000; amended at 25

Ill. Reg. 6409, effective April 26, 2001; amended at 26 Ill. Reg. 15020, effective October 1,

2002; emergency amendment at 28 Ill. Reg. 398, effective December 22, 2003, for a maximum

of 150 days; emergency expired May 19, 2004; amended at 28 Ill. Reg. 11925, effective July 26,

2004; amended at 30 Ill. Reg. 11377, effective June 14, 2006; amended at 31 Ill. Reg. 16008,

effective November 16, 2007; amended at 33 Ill. Reg. 15811, effective October 27, 2009;

amended at 34 Ill. Reg. 19099, effective November 22, 2010; amended at 37 Ill. Reg. 4295,

effective March 20, 2013; amended at 37 Ill. Reg. 18893, effective November 5, 2013; amended

at 38 Ill. Reg. 12566, effective July 1, 2014; amended at 42 Ill. Reg. 16056, effective August 3,

2018; amended at 43 Ill. Reg. 3857, effective March 8, 2019; emergency amendment at 44 Ill.

Reg. 10021, effective May 21, 2020, for a maximum of 150 days; emergency amendment to

emergency rule at 44 Ill. Reg. 11610, effective June 25, 2020, for the remainder of the 150 days.

Section 1060.270 Operations During COVID-19 Pandemic

EMERGENCY

Notwithstanding any other provision of this Part, as a result of the COVID-19 emergency

declared through the Gubernatorial Disaster Proclamations, the following procedures shall apply

for the time periods specified in this Section:

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ILLINOIS REGISTER 11614

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

a) Classroom instruction may be provided virtually, with either a live instructor or

via pre-recorded sessions with an instructor, until such time as the region in which

the driving training school is located reaches Phase 54 of the Restore Illinois plan

released by Governor Pritzker's office on May 5, 2020, or through December 31,

2020, whichever occurs first. If a pre-recorded program is to be used, it must be

submitted to the Department for approval. Content must be specific to Illinois

laws and Rules of the Road.

1) The instruction must include all course content set forth in Section

1060.181.

2) A student who started classroom instruction virtually may be allowed to

finish virtual classroom instruction even if the driving training school is

located in a region that reaches Phase 4 or Phase 5 or December 31, 2020

before classroom instruction is concluded.

3) If pre-recorded instruction is used, the student may not be allowed to fast-

forward through instruction or skip a classroom session.

b) A driving training school may, but is not required to, resume in-person classroom

instruction when the region in which the commercial driving school is located

reaches Phase 3 of the Restore Illinois plan, so long as no more than 10 persons,

inclusive of students and staff, are physically present in the classroom or upon

reaching Phase 4 of the Restore Illinois plan so long as the school complies with

Section 1060.181(b)(1)(C), under the following conditions:

1) Adherence to social distancing guidelines promulgated by the Illinois

Department of Public Health (IDPH);

2) Face coverings must be worn by instructors and students, in accordance

with IDPH safety guidance;

3) Hand sanitizer is available in the classroom;

4) A disposable mask is made available to all students upon request of the

student;

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ILLINOIS REGISTER 11615

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

5) Classrooms are sanitized between each class session, including the use of

disinfectant on desks, door knobs, light switches, computers and related

equipment such as the monitor, keyboard and mouse, and books; and

6) Adherence to all requirements of Phase 43 of the Restore Illinois plan.

c) On January 1, 2021When the region in which a commercial driving school is

located reaches Phase 4 of the Restore Illinois plan, in-person classroom

instruction shall resume under the following conditions, if Phase 5 has not been

reached prior to that date:

1) Adherence to social distancing guidelines promulgated by IDPH;

2) Face coverings must be worn by instructors and students, in accordance

with IDPH safety guidance;

3) Hand sanitizer is available in the classroom;

4) A disposable mask is made available to all students upon request of the

student;

5) Classrooms are sanitized between each class session, including the use of

disinfectant on desks, door knobs, light switches, computers and related

equipment such as the monitor, keyboard and mouse, and books; and

6) Adherence to all requirements of Phase 4 of the Restore Illinois plan.

d) Behind-the-wheel instruction may resume when the region in which the

commercial driving school reaches Phase 3 of the Restore Illinois plan, under the

following conditions:

1) Face coverings must be worn by instructors and students, in accordance

with IDPH safety guidance;

2) Hand sanitizer is available in the training vehicle;

3) A disposable mask is made available to all students upon request of the

student;

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ILLINOIS REGISTER 11616

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

4) Each student is limited to one hour of behind-the-wheel instruction per

day;

5) Only the instructor and the student may be present in the training vehicle

(no other students are allowed). If requested, a parent may be present in

the training vehicle, seated in the back seat;

6) The commercial driver training school must obtain written consent from

the student's parent or guardian (if the student is under the age of 18) to

allow for the behind-the-wheel instruction with only the instructor being

present in the vehicle;

7) The training vehicle must be sanitized before and after each lesson;

8) Instructors must wash hands or use hand sanitizer prior to starting any

behind-the-wheel lesson and must wear a face covering during any

interaction with the student;

9) Observation hours, as set forth in Section 1060.181(c)(2) are waived

through August 31, 2020; and

10) Adherence to all requirements of Phase 3 of the Restore Illinois plan.

e) A 12-month pilot program is hereby established that allows a commercial driver

training school instructor to administer a road test to a student that successfully

completes an approved driver education course.

1) A commercial driver training instructor must be approved by the

Department to administer the road test. Only instructors with five

continuous years of providing behind-the-wheel instruction to teens may

be approved to administer the road test.

2) The road test route used by the commercial driving training instructor

must be approved by the Department and must contain all the maneuvers

included on a road test administered by Secretary of State employees.

3) A road test administered by a commercial driver training school instructor

must be scored in the same manner as a road test administered by a

Secretary of State employee.

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ILLINOIS REGISTER 11617

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

4) Only vehicles listed on CDTS form 10-7, Insurance Certificate, may be

used to administer a road test.

f) All other provisions of this Part that have not been modified by this Section

remain in full force and effect.

(Source: Added by emergency rulemaking at 44 Ill. Reg. 10021, effective May 21, 2020,

for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg.

11610, effective June 25, 2020, for the remainder of the 150 days.)

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ILLINOIS REGISTER 11618

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

1) Heading of the Part: Rules of the Road – Persons with Disabilities Parking Program

2) Code Citation: 92 Ill. Adm. Code 1100

3) Section Number: Emergency Action:

1100.50 Repealed

4) Statutory Authority: 625 ILCS 5/2-104(b)

5) Effective Date of Emergency Rule being Repealed: March 17, 2020

6) Effective Date of Emergency Repeal of Emergency Rule: June 30, 2020

7) Date Filed with the Index Department: June 29, 2020

8) A copy of the Emergency Repeal of Emergency Rule, including any material

incorporated by reference, is on file in the Agency's principal office and is available for

public inspection.

9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency rules that have

been previously filed, to ensure the needs of the agency and the public are best met.

Revised emergency rules in accordance with recent PA 101-640 are being filed.

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

11) Information and questions regarding this emergency rule shall be directed to:

Brenda Glahn

Senior Legal Advisor

298 Howlett Building

Springfield IL 62756

[email protected]

The full text of the Emergency Repeal of Emergency Amendment begins on the next page:

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ILLINOIS REGISTER 11619

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1100

RULES OF THE ROAD − PERSONS WITH DISABILITIES PARKING PROGRAM

Section

1100.5 Definitions

1100.10 Application Procedures for Plates and Decals or Devices

1100.15 Authorized Issuing Agents for Person with Disabilities Parking Decals or Devices

1100.20 Person with Disabilities Parking Decals or Devices

1100.25 Random Professional License Number Checks with the Department of Financial

and Professional Regulation

1100.30 Corporations, School Districts and Special Education Cooperatives

1100.35 Revocation of Plates and Decals or Devices

1100.40 Revocation Authority for Plates and Decals or Devices (Repealed)

1100.50 Extension of Expiration Dates (Repealed)

EMERGENCY

AUTHORITY: Implementing and authorized by Sections 2-104(b) and 3-616 of the Illinois

Vehicle Title and Registration Law and Section 11-1301.2 of the Illinois Rules of the Road [625

ILCS 5].

SOURCE: Adopted at 4 Ill. Reg. 11, p. 74, effective February 29, 1980; codified at 6 Ill. Reg.

12703; amended at 9 Ill. Reg. 12868, effective August 2, 1985; amended at 12 Ill. Reg. 8448,

effective May 2, 1988; old Part repealed and new Part adopted at 22 Ill. Reg. 2280, effective

January 1, 1998; amended at 30 Ill. Reg. 917, effective January 6, 2006; amended at 37 Ill. Reg.

19866, effective November 27, 2013; emergency amendment at 44 Ill. Reg. 5847, effective

March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill.

Reg. 6658, effective April 9, 2020, for the remainder of the 150 days; emergency amendment

effective March 17, 2020, as amended April 9, 2020, repealed at 44 Ill. Reg. 11618, effective

June 30, 2020.

Section 1100.50 Extension of Expiration Dates (Repealed)

EMERGENCY

Pursuant to the powers vested in him by Section 2-104(b) of the Illinois Vehicle Code, and

pursuant to the provisions of Executive Order No. 2020-08 issued on March 17, 2020, and

Executive Order No. 2020-18, issued April 1, 2020, the Secretary of State hereby extends for the

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ILLINOIS REGISTER 11620

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE

duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number

2020-038 issued on March 9, 2020, as extended by subsequent disaster proclamations, and for a

period of 90 days thereafter the expiration dates of any person with disabilities motorist decal or

device which expires on or after March 17, 2020, issued pursuant to Sec. 11-1301.2 of the

Illinois Vehicle Code. This extension period may be rescinded by the Secretary of State through

the adoption of an emergency rule.

(Source: Added by emergency rulemaking at 44 Ill. Reg. 5847, effective March 17,

2020, for a maximum of 150 days; amended by emergency amendment to emergency rule

at 44 Ill. Reg. 6658, effective April 9, 2020, for the remainder of the 150 days; repealed

by emergency rulemaking at 44 Ill. Reg. 11618, effective June 30, 2020)

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ILLINOIS REGISTER 11621

20

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENTS

1) Heading of the Part: Licensing Standards for Day Care Centers

2) Code Citation: 89 Ill. Adm. Code 407

3) Section Number: Proposed Action:

407.600 Amendment

407.605 Amendment

407.610 Repealed

4) Date Notice of Proposed Amendments published in the Illinois Register: 44 Ill. Reg.

10849, June 26, 2020

5) Reason for the Withdrawal: A second emergency amendment to emergency rule was

adopted June 24, 2020 and is published in this Register. As this earlier proposed

rulemaking is no longer consistent with the Department's current policy as reflected in the

amended emergency rule, it is being withdrawn and will be replaced at a later date.

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ILLINOIS REGISTER 11622

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENTS

1) Heading of the Part: Political Subdivision Emergency Services and Disaster Agencies

2) Code Citation: 29 Ill. Adm. Code 301

3) Section Numbers: Proposed Actions:

301.125 New Section

301.450 Amendment

301.510 Amendment

301.520 Amendment

4) Date Notice of Proposed Amendments published in the Illinois Register: 44 Ill. Reg.

10333; June 19, 2020

5) Reason for the Withdrawal: Incorrect Register pages were filed and published.

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ILLINOIS REGISTER 11623

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT

1) Heading of the Part: Merit Commission

2) Code Citation: 80 Ill. Adm. Code 50

3) Section Number: Proposed Action:

50.150 New Section

4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg.

5724; April 3, 2020

5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency and proposed

rules that have been previously filed, to ensure the needs of the agency and the public are

best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.

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ILLINOIS REGISTER 11624

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT

1) Heading of the Part: Procedures and Standards

2) Code Citation: 92 Ill. Adm. Code 1001

3) Section Number: Proposed Action:

1001.800 New Section

4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg.

5726; April 3, 2020

5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency and proposed

rules that have been previously filed, to ensure the needs of the agency and the public are

best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.

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ILLINOIS REGISTER 11625

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT

1) Heading of the Part: Certificates of Title, Registration of Vehicles

2) Code Citation: 92 Ill. Adm. Code 1010

3) Section Number: Proposed Action:

1010.630 New Section

4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg.

5728; April 3, 2020

5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency and proposed

rules that have been previously filed, to ensure the needs of the agency and the public are

best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.

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ILLINOIS REGISTER 11626

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT

1) Heading of the Part: Issuance of Licenses

2) Code Citation: 92 Ill. Adm. Code 1030

3) Section Number: Proposed Action:

1030.160 New Section

4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg.

5730; April 3, 2020

5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency and proposed

rules that have been previously filed, to ensure the needs of the agency and the public are

best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.

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ILLINOIS REGISTER 11627

20

OFFICE OF THE SECRETARY OF STATE

NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT

1) Heading of the Part: Rules of the Road – Persons with Disabilities Parking Program

2) Code Citation: 92 Ill. Adm. Code 1100

3) Section Number: Proposed Action:

1100.50 New Section

4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg.

5732; April 3, 2020

5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State

continues to review its processes and procedures, as well as emergency and proposed

rules that have been previously filed, to ensure the needs of the Agency and the public are

best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.

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ILLINOIS REGISTER 11628

20

JOINT COMMITTEE ON ADMINISTRATIVE RULES

MICHAEL A. BILANDIC BUILDING

ROOM 600C

CHICAGO, ILLINOIS

JULY 16, 2020

11:00 a.m.

NOTICE: It is the policy of the Committee to allow only representatives of State agencies to

testify orally on any rule under consideration at Committee hearings. If members of the public

wish to express their views with respect to a proposed rule, they should submit written comments

to the Office of the Joint Committee on Administrative Rules at the following address:

Joint Committee on Administrative Rules

700 Stratton Office Building

Springfield, Illinois 62706

RULEMAKINGS SCHEDULED FOR JCAR REVIEW

The following rulemakings are scheduled for review at this meeting. JCAR staff may be proposing

action with respect to some of these rulemakings. JCAR members may have questions concerning,

and may initiate action with respect to, any item scheduled for JCAR review and any other issues

within the Committee's purview.

PROPOSED RULEMAKINGS

Education

1. Early Childhood Block Grant (23 Ill. Adm. Code 235)

-First Notice Published: 44 Ill. Reg. 1461 – 1/17/20

-Expiration of Second Notice: 7/23/20

2. Student Records (23 Ill. Adm. Code 375)

-First Notice Published: 44 Ill. Reg. 2718 – 2/14/20

-Expiration of Second Notice: 7/23/20

3. Charter Schools (23 Ill. Adm. Code 650)

-First Notice Published: 44 Ill. Reg. 2729 – 2/14/20

-Expiration of Second Notice: 7/23/20

Employment Security

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ILLINOIS REGISTER 11629

20

JOINT COMMITTEE ON ADMINISTRATIVE RULES

4. Payment of Unemployment Contributions, Interest and Penalties (56 Ill. Adm. Code

2765)

-First Notice Published: 44 Ill. Reg. 5971 – 4/17/20

-Expiration of Second Notice: 7/16/20

Financial and Professional Regulation

5. The Illinois Speech-Language Pathology and Audiology Practice Act (68 Ill. Adm. Code

1465)

-First Notice Published: 44 Ill. Reg. 55 – 1/3/20

-Expiration of Second Notice: 8/2/20

Gaming Board

6. Riverboat and Casino Gambling (86 Ill. Adm. Code 3000)

-First Notice Published: 44 Ill. Reg. 5974 – 4/17/20

-Expiration of Second Notice: 8/8/20

7. Riverboat and Casino Gambling (86 Ill. Adm. Code 3000)

-First Notice Published: 44 Ill. Reg. 6205 – 4/24/20

-Expiration of Second Notice: 8/7/20

Healthcare and Family Services

8. Medical Payment (89 Ill. Adm. Code 140)

-First Notice Published: 44 Ill. Reg. 5560 – 4/3/20

-Expiration of Second Notice: 8/12/20

9. Medical Payment (89 Ill. Adm. Code 140)

-First Notice Published: 44 Ill. Reg. 4288 – 3/20/20

-Expiration of Second Notice: 7/17/20

Human Services

10. Early Intervention Program (89 Ill. Adm. Code 500)

-First Notice Published: 44 Ill. Reg. 3836 – 3/13/20

-Expiration of Second Notice: 8/6/20

Insurance

11. Prior Notification of Dividends or Distributions (50 Ill. Adm. Code 1305)

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ILLINOIS REGISTER 11630

20

JOINT COMMITTEE ON ADMINISTRATIVE RULES

-First Notice Published: 44 Ill. Reg. 3039 – 2/21/20

-Expiration of Second Notice: 7/29/20

12. Unfair Discrimination Based on Sex, Sexual Orientation, Gender Identity or Marital

Status (50 Ill. Adm. Code 2603)

-First Notice Published: 43 Ill. Reg. 14987 – 12/27/19

-Expiration of Second Notice: 8/6/20

Liquor Control Commission

13. The Illinois Liquor Control Commission (11 Ill. Adm. Code 100)

-First Notice Published: 43 Ill. Reg. 14571 – 12/20/19

-Expiration of Second Notice: 7/17/20

Revenue

14. Retailers' Occupation Tax (86 Ill. Adm. Code 130)

-First Notice Published: 44 Ill. Reg. 485 – 1/10/20

-Expiration of Second Notice: 8/7/20

15. Use Tax (86 Ill. Adm. Code 150)

-First Notice Published: 44 Ill. Reg. 487 – 1/10/20

-Expiration of Second Notice: 8/7/20

Secretary of State

16. Statements of Economic Interests (2 Ill. Adm. Code 565)

-First Notice Published: 44 Ill. Reg. 5708 – 4/3/20

-Expiration of Second Notice: 8/6/20

17. Uniform Commercial Code (14 Ill. Adm. Code 180)

-First Notice Published: 44 Ill. Reg. 5720 – 4/3/20

-Expiration of Second Notice: 8/9/20

State Fire Marshal

18. Boiler and Pressure Vessel Safety (41 Ill. Adm. Code 2120)

-First Notice Published: 44 Ill. Reg. 4749 – 3/27/20

-Expiration of Second Notice: 7/16/20

State Universities Retirement System

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ILLINOIS REGISTER 11631

20

JOINT COMMITTEE ON ADMINISTRATIVE RULES

19. Universities Retirement (80 Ill. Adm. Code 1600)

-First Notice Published: 44 Ill. Reg. 4559 – 3/20/20

-Expiration of Second Notice: 7/16/20

EMERGENCY RULEMAKINGS

Children and Family Services

20. Licensing Standards for Day Care Homes (89 Ill. Adm. Code 406)

-44 Ill. Reg. 10161; effective 5/29/20

-Emergency Expires: 10/25/20

21. Licensing Standards for Day Care Centers (89 Ill. Adm. Code 407)

-44 Ill. Reg. 10170; effective 5/29/20

-Emergency Expires: 10/25/20

22. Licensing Standards for Group Day Care Homes (89 Ill. Adm. Code 408)

-44 Ill. Reg. 10184; effective 5/29/20

-Emergency Expires: 10/25/20

Emergency Management Agency

23. Political Subdivision Emergency Services and Disaster Agencies (29 Ill. Adm. Code 301)

-44 Ill. Reg. 10814; effective 6/8/20

-Emergency Expires: 11/4/20

Gaming Board

24. Video Gaming (General) (11 Ill. Adm. Code 1800)

-44 Ill. Reg. 10193; effective 5/27/20

-Emergency Expires: 10/23/20

25. Video Gaming (General) (11 Ill. Adm. Code 1800)

-44 Ill. Reg. 11104; effective 6/15/20

-Emergency Expires: 11/11/20

Labor

26. Illinois Child Labor Law (56 Ill. Adm. Code 250)

-44 Ill. Reg. 10210; effective 5/29/20

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ILLINOIS REGISTER 11632

20

JOINT COMMITTEE ON ADMINISTRATIVE RULES

-Emergency Expires: 10/25/20

Public Health

27. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)

-44 Ill. Reg. 10217; effective 5/28/20

-Emergency Expires: 10/24/20

PEREMPTORY RULEMAKING

Central Management Services

28. Pay Plan (80 Ill. Adm. Code 310)

-44 Ill. Reg. 10232; effective 5/28/20

AGENCY RESPONSE

Environmental Protection Agency

29. Public Participation in the Air Pollution Control Permit Program (35 Ill. Adm. Code 252)

-First Notice Published: 43 Ill. Reg. 07028 − 6/21/20

-Agency Response: Agree

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ILLINOIS REGISTER 11633

20

JOINT COMMITTEE ON ADMINISTRATIVE RULES

SECOND NOTICES RECEIVED

The following second notices were received during the period of June 23, 2020 through June 29,

2020. SOS, DHS, IGB, DOR and HFS rulemakings are scheduled for the July 14, 2020 meeting;

the PCB rulemakings are scheduled for the August 11, 2020 meeting. Other items not contained

in this published list may also be considered. Members of the public wishing to express their

views with respect to a rulemaking should submit written comments to the Committee at the

following address: Joint Committee on Administrative Rules, 700 Stratton Bldg., Springfield IL

62706.

Second

Notice

Expires

Agency and Rule

Start

of First

Notice

JCAR

Meeting

8/6/20 Secretary of State, Statements of Economic

Interests (2 Ill. Adm. Code 565)

4/3/20

44 Ill. Reg.

5708

7/14/20

8/6/20 Department of Human Services, Early

Intervention Program (89 Ill. Adm. Code

500)

3/13/20

44 Ill. Reg.

3836

7/14/20

8/7/20 Illinois Gaming Board, Riverboat and

Casino Gambling (86 Ill. Adm. Code 3000)

4/24/20

44 Ill. Reg.

6205

7/14/20

8/7/20 Department of Revenue, Retailers'

Occupation Tax (86 Ill. Adm. Code 130)

1/10/20

44 Ill. Reg.

485

7/14/20

8/7/20 Department of Revenue, Use Tax (86 Ill.

Adm. Code 150)

1/10/20

44 Ill. Reg.

487

7/14/20

8/8/20 Illinois Gaming Board, Riverboat and

Casino Gambling (86 Ill. Adm. Code 3000)

4/17/20

44 Ill. Reg.

5974

7/14/20

8/9/20 Secretary of State, Uniform Commercial

Code (14 Ill. Adm. Code 180)

4/3/20

44 Ill. Reg.

5720

7/14/20

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ILLINOIS REGISTER 11634

20

JOINT COMMITTEE ON ADMINISTRATIVE RULES

SECOND NOTICES RECEIVED

8/12/20 Department of Healthcare and Family

Services, Medical Payment (89 Ill. Adm.

Code 140)

4/3/20

44 Ill. Reg.

5560

7/14/20

8/12/20 Pollution Control Board, General Rules (35

Ill. Adm. Code 101)

3/20/20

44 Ill. Reg.

4316

8/11/20

8/12/20 Pollution Control Board, Appeals of Final

Decisions of State Agencies (35 Ill. Adm.

Code 105)

3/20/20

44 Ill. Reg.

4347

8/11/20

8/12/20 Pollution Control Board, Major Stationary

Sources Construction and Modification (35

Ill. Adm. Code 203)

3/20/20

44 Ill. Reg.

4367

8/11/20

8/12/20 Pollution Control Board, Prevention of

Significant Deterioration (35 Ill. Adm.

Code 204)

3/20/20

44 Ill. Reg.

4375

8/11/20

8/12/20 Pollution Control Board, Definitions and

General Provisions (35 Ill. Adm. Code 211)

3/20/20

44 Ill. Reg.

4463

8/11/20

8/12/20 Pollution Control Board, Organic Material

Emission Standards and Limitations (35 Ill.

Adm. Code 215)

3/20/20

44 Ill. Reg.

4487

8/11/20

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ILLINOIS REGISTER 11635

20

DEPARTMENT ON AGING

JANUARY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): Americans With Disabilities Act and Civil Rights

Program Grievance Procedure (4 Ill. Adm. Code 1725)

1) Rulemaking:

A) Description: In Section 1725.10 and Appendix A, the Department on

Aging will correct the address listings for its central office location in

Springfield, Illinois. Notifications and service using electronic means,

including email, and methods when the department cannot confirm

delivery via electronic notification and/or service will also be addressed as

set out in the Illinois Administrative Procedure Act [5 ILCS 100].

B) Statutory Authority: 20 ILCS 105/4.01(11); 5 ILCS 100

C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled

or anticipated.

D) Date Agency anticipates First Notice: The Department on Aging

anticipates filing this proposed rulemaking project during the next six

months of this year.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Jason Jordan

Deputy General Counsel

Illinois Department on Aging

One Natural Resources Way, Suite 100

Springfield IL 62702-1271

217/720-4041

[email protected]

G) Related rulemakings and other pertinent information: None

b) Part (Heading and Code Citation): General Grantmaking (AGE) (44 Ill. Adm. Code

7020)

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ILLINOIS REGISTER 11636

20

DEPARTMENT ON AGING

JANUARY 2020 REGULATORY AGENDA

1) Rulemaking:

A) Description: The Department on Aging has reserved and will add Part

7020 to reflect Grant Accountability and Transparency Act required

rulemaking unique to the Department.

B) Statutory Authority: 30 ILCS 708

C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled

or anticipated.

D) Date Agency anticipates First Notice: The Department on Aging

anticipates filing this proposed rulemaking project during the next six

months of this year.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The Department does not anticipate an effect upon small

businesses, small municipalities or not-for-profit corporations.

F) Agency contact person for information:

Jason Jordan

Deputy General Counsel

Illinois Department on Aging

One Natural Resources Way, Suite 100

Springfield IL 62702-1271

217/720-4041

[email protected]

G) Related rulemakings and other pertinent information: None

c) Part (Heading and Code Citation): General Programmatic Requirements (89 Ill. Adm.

Code 220)

1) Rulemaking:

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ILLINOIS REGISTER 11637

20

DEPARTMENT ON AGING

JANUARY 2020 REGULATORY AGENDA

A) Description: Part 220 will be amended or repealed as necessary to: (1)

update outdated language or provisions to provide consistency throughout

the rulemaking; (2) correct the address listing in Section 220.503 for the

central office location of the Department in Springfield, Illinois.

Notifications and service using electronic means, including email, and

methods when the department cannot confirm delivery via electronic

notification and/or service will also be addressed as set out in the Illinois

Administrative Procedure Act [5 ILCS 100]; and (3) update appeals and

hearing process.

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

100

C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled

or anticipated.

D) Date Agency anticipates First Notice: The Department on Aging

anticipates filing this proposed rulemaking project during the next six

months of this year.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The Department does not anticipate an effect upon small

businesses, small municipalities or not-for-profit corporations.

F) Agency contact person for information:

Jason Jordan

Deputy General Counsel

Illinois Department on Aging

One Natural Resources Way, Suite 100

Springfield IL 62702-1271

217/720-4041

[email protected]

G) Related rulemakings and other pertinent information: None

d) Part (Heading and Code Citation): Older Americans Act Programs (89 Ill. Adm. Code

230)

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ILLINOIS REGISTER 11638

20

DEPARTMENT ON AGING

JANUARY 2020 REGULATORY AGENDA

1) Rulemaking:

A) Description: Part 230 will be amended as necessary to (1) update outdated

language or provisions to provide consistency throughout the rulemaking;

(2) update statutory citations; (3) update provisions to reflect changes in

the federal Older Americans Act. Notifications and service using

electronic means, including email, and methods when the department

cannot confirm delivery via electronic notification and/or service will also

be addressed as set out in the Illinois Administrative Procedure Act [5

ILCS 100]; (4) update appeals and hearing process; and (5) update

outdated language and provisions for providers of nutrition services.

B) Statutory Authority: 20 ILCS 105/4.01; 5 ILCS 100

C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled

or anticipated.

D) Date Agency anticipates First Notice: The Department on Aging

anticipates filing this proposed rulemaking project during the next six

months of this year.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Entities include congregate meal providers, home-delivered

meal providers, and Area Agencies on Aging for the Department.

F) Agency contact person for information:

Jason Jordan

Deputy General Counsel

Illinois Department on Aging

One Natural Resources Way, Suite 100

Springfield IL 62702-1271

217/720-4041

[email protected]

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11639

20

DEPARTMENT ON AGING

JANUARY 2020 REGULATORY AGENDA

e) Part (Heading and Code Citation): Community Care Program (89 Ill. Adm. Code 240)

1) Rulemaking:

A) Description: Part 240 will be amended as necessary in order to (1) update

provisions to reflect federal regulations regarding the 1915(c) Medicaid

Persons who are Elderly Waiver including provisions for termination and

reduction of services; (2) revise provisions once the Department on Aging

formally incorporates person-centered planning into the care coordination

process; (3) update provisions regarding conflicts and the appeals process

to improve health, safety, and welfare of program participants; (4) add

new subsections to Section 240.260 (care coordination service) that

outline intensive casework and intensive monitoring to align with person-

centered care coordination; (5) review and address as needed the issues

raised by commenters that were outside of the scope of the person-

centered planning rulemaking process; (6) propose amendments to

sections related to participants' applications and requests for services; (7)

propose amendments to add falls prevention options to emergency home

response service (EHRS); (8) propose updates to the participant financial

eligibility criteria; (9) propose amendments to clean up words/phrases for

consistency throughout the rules, including outdated citations and

language. Notifications and service using electronic means, including

email, and methods when the department cannot confirm delivery via

electronic notification and/or service will also be addressed as set out in

the Illinois Administrative Procedure Act [5 ILCS 100].

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

C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled

or anticipated.

D) Date Agency anticipates First Notice: The Department on Aging

anticipates filing this proposed rulemaking project during the next six

months of this year.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Entities serving as In-Home Service (INH) Provider

Agencies, Care Coordination Units (CCUs), Adult Day Service (ADS)

Provider Agencies, Emergency Home Response Service (EHRS) Provider

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ILLINOIS REGISTER 11640

20

DEPARTMENT ON AGING

JANUARY 2020 REGULATORY AGENDA

Agencies, Automated Medication Dispenser (AMD) Provider Agencies,

and the Area Agencies on Aging (AAAs) for the Department on Aging

under the Community Care Program.

F) Agency contact person for information:

Jason Jordan

Deputy General Counsel

Illinois Department on Aging

One Natural Resources Way, Suite 100

Springfield IL 62702-1271

217/720-4041

[email protected]

G) Related rulemakings and other pertinent information: None

f) Part (Heading and Code Citation): Introduction (89 Ill. Adm. Code 210)

1) Rulemaking:

A) Description: Part 210 will be amended to update language implementing

PA 101-325, which revised the definition of "greatest social need" in the

Illinois Act on Aging [20 ILCS 105/3.11].

B) Statutory Authority: PA 101-325 and as authorized by 20 ILCS 105/4,

4.01(4), 4.01(11), and 4.02; 5 ILCS 100

C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled

or anticipated.

D) Date Agency anticipates First Notice: The Department on Aging

anticipates filing this proposed rulemaking project during the next six

months of this year.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The Department does not anticipate an effect upon small

businesses, small municipalities or not-for-profit corporations.

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ILLINOIS REGISTER 11641

20

DEPARTMENT ON AGING

JANUARY 2020 REGULATORY AGENDA

F) Agency contact person for information:

Jason Jordan

Deputy General Counsel

Illinois Department on Aging

One Natural Resources Way, Suite 100

Springfield IL 62702-1271

217/720-4041

[email protected]

G) Related rulemakings and other pertinent information: None

g) Part (Heading and Code Citation): Adult Protection and Advocacy Series (89 Ill. Adm.

Code 270)

1) Rulemaking:

A) Description: Part 270 will be updated by proposing amendments to: (1)

the subject matter that may be reviewed by Fatality Review Teams; (2)

expand collaboration with law enforcement; (3) notification and registry

process; (4) update definitions; (5) time frames for investigative

documentation; (6) educational requirements for case workers.

B) Statutory Authority: 20 ILCS 105/4, 4.01(4), and 4.01(11); 320 ILCS

20/3, 4, 6, 7.5, 10, 15(g); 5 ILCS 100

C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled

or anticipated.

D) Date Agency anticipates First Notice: The Department on Aging

anticipates filing this proposed rulemaking project during the next six

months of this year.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The Department does not anticipate an effect upon small

businesses, small municipalities or not-for-profit corporations.

F) Agency contact person for information:

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ILLINOIS REGISTER 11642

20

DEPARTMENT ON AGING

JANUARY 2020 REGULATORY AGENDA

Jason Jordan

Deputy General Counsel

Illinois Department on Aging

One Natural Resources Way, Suite 100

Springfield IL 62702-1271

217/720-4041

[email protected]

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11643

20

CAPITAL DEVELOPMENT BOARD

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): Grant Agreement Procedures (71 Ill. Adm. Code 41)

1) Rulemaking:

A) Description: Amendments are needed to update the rules to reflect current

law and practices. This includes the adoption of the Code of Federal

Regulation pursuant to the Grant Accountability and Transparency Act [30

ILCS 708/50]. Other technical revisions may also be made.

B) Statutory Authority: Section 9.06 of the Capital Development Board Act

[20 ILCS 3105/9.06] and Section 50 of the Grant Accountability and

Transparency Act [30 ILCS 708/50].

C) Scheduled meeting/hearing dates: No hearings or meetings have been

scheduled.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rulemaking may affect not-for-profit corporations

seeking a grant from the Capital Development Board.

F) Agency contact person for information:

Capital Development Board

Attn: Lauren Noll

401 S. Spring Street

Stratton Building, 3rd Floor

Springfield IL 62706

217/782-0700

[email protected]

G) Related rulemakings and other pertinent information: None

b) Part (Heading and Code Citation): Community Health Center Construction (71 Ill. Adm.

Code 42)

1) Rulemaking:

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ILLINOIS REGISTER 11644

20

CAPITAL DEVELOPMENT BOARD

JULY 2020 REGULATORY AGENDA

A) Description: Amendments are needed to update the rules to reflect current

law and practices. This includes the adoption of the Code of Federal

Regulation pursuant to the Grant Accountability and Transparency Act [30

ILCS 708/50]. Other technical revisions may also be made.

B) Statutory Authority: Community Health Center Construction Act [30

ILCS 766] and Section 50 of the Grant Accountability and Transparency

Act [30 ILCS 708/50].

C) Scheduled meeting/hearing dates: No hearings or meetings have been

scheduled.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rulemaking may affect not-for-profit health centers

seeking a grant from the Capital Development Board.

F) Agency contact person for information:

Capital Development Board

Attn: Lauren Noll

401 S. Spring Street

Stratton Building, 3rd Floor

Springfield IL 62706

217/782-0700

[email protected]

G) Related rulemakings and other pertinent information: None

c) Part (Heading and Code Citation): Early Childhood Construction Grant Rules (71 Ill.

Adm. Code 43)

1) Rulemaking:

A) Description: Amendments are needed to update the rules to reflect current

law and practices. This includes the adoption of the Code of Federal

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ILLINOIS REGISTER 11645

20

CAPITAL DEVELOPMENT BOARD

JULY 2020 REGULATORY AGENDA

Regulation pursuant to the Grant Accountability and Transparency Act [30

ILCS 708/50]. Other technical revisions may also be made.

B) Statutory Authority: Section 5-300 of the School Construction Law [105

ILCS 230/5-300] and Section 50 of the Grant Accountability and

Transparency Act [30 ILCS 708/50].

C) Scheduled meeting/hearing dates: No hearings or meetings have been

scheduled.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rulemaking may affect not-for-profit early childcare

providers seeking a grant from the Capital Development Board.

F) Agency contact person for information:

Capital Development Board

Attn: Lauren Noll

401 S. Spring Street

Stratton Building, 3rd Floor

Springfield IL 62706

217/782-0700

[email protected]

G) Related rulemakings and other pertinent information: None

d) Part (Heading and Code Citation): Hospital and Healthcare Transformation Capital

Investment Grant Program (71 Ill. Adm. Code 44)

1) Rulemaking:

A) Description: This Part will include rules required by PA 101-10 which

amends the Capital Development Board Act [20 ILCS 3105/20] to create a

Hospital and Healthcare Transformation Capital Investment Grant

Program. The rules will specify the manner of applying for grants, grantee

eligibility requirements, project eligibility requirements, restrictions on the

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ILLINOIS REGISTER 11646

20

CAPITAL DEVELOPMENT BOARD

JULY 2020 REGULATORY AGENDA

use of grant moneys, and the manner in which grantees must account for

the use of grant moneys, among other things.

B) Statutory Authority: Section 20 of the Capital Development Board Act

[20 ILCS 3105/20] and Section 50 of the Grant Accountability and

Transparency Act [30 ILCS 708/50].

C) Scheduled meeting/hearing dates: No hearings or meetings have been

scheduled.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rulemaking may affect not-for-profit hospitals and

other qualified healthcare providers seeking a grant from the Capital

Development Board.

F) Agency contact person for information:

Capital Development Board

Attn: Lauren Noll

401 S. Spring Street

Stratton Building, 3rd Floor

Springfield IL 62706

217/782-0700

[email protected]

G) Related rulemakings and other pertinent information: None

e) Part (Heading and Code Citation): Selection of Architects/Engineers (A/E) (44 Ill. Adm.

Code 1000)

1) Rulemaking:

A) Description: Amendments are needed to remove Sections of the rules that

are duplicitous to the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act [30 ILCS 535], and to update the rules

to reflect current law and practices, including changing references from

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ILLINOIS REGISTER 11647

20

CAPITAL DEVELOPMENT BOARD

JULY 2020 REGULATORY AGENDA

female owned businesses to woman owned business to reflect

amendments to the Business Enterprise for Minorities, Women, and

Persons with Disabilities Act [30 ILCS 575], and adding language

regarding the use of veteran owned businesses. Other technical revisions

may also be made.

B) Statutory Authority: Sections 9.06 and 16 of the Capital Development

Board Act [20 ILCS 3105], Section 1-15.25 and Article 30 of the Illinois

Procurement Code [30 ILCS 500], and Section 20 of the Architectural,

Engineering, and Land Surveying Qualifications Based Selection Act [30

ILCS 535].

C) Scheduled meeting/hearing dates: No hearings or meetings have been

scheduled.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The Agency does not anticipate this rulemaking to affect

these entities.

F) Agency contact person for information:

Capital Development Board

Attn: Lauren Noll

401 S. Spring Street

Stratton Building, 3rd Floor

Springfield IL 62706

217/782-0700

[email protected]

G) Related rulemakings and other pertinent information: None

f) Part (Heading and Code Citations): Selection of Design-Build Entities (44 Ill. Adm.

Code 1030)

1) Rulemaking:

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ILLINOIS REGISTER 11648

20

CAPITAL DEVELOPMENT BOARD

JULY 2020 REGULATORY AGENDA

A) Description: This Part will be updated to remove duplicitous language, to

add clarification as to when evaluation of the proposals begins, to update

inactive website addresses, correct the title of the Business Enterprise for

Minorities, Women, and Persons with Disabilities Act to reflect recent

amendments, and to add language on the Design-Build Selection Process

when the two-step evaluation process is combined into one step pursuant

to 30 ILCS 537/35. Other technical revisions may also be made.

B) Statutory Authority: The Design-Build Procurement Act [30 ILCS 537],

Sections 9.06 and 16 of the Capital Development Board Act [20 ILCS

3105], and Section 1-15.25 and Article 30 of the Illinois Procurement

Code [30 ILCS 500].

C) Scheduled meeting/hearing dates: No hearings or meetings have been

scheduled.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The Agency does not anticipate this rulemaking to affect

these entities.

F) Agency contact person for information:

Capital Development Board

Attn: Lauren Noll

401 S. Spring Street

Stratton Building, 3rd Floor

Springfield IL 62706

217/782-0700

[email protected]

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11649

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citations): Pay Plan 80 Ill. Adm. Code 310

1) Rulemaking: Proposed Amendments

A) Description: Projected amendments to the Department of Central

Management Services' Pay Plan include revisions to the following

sections:

In Section 310.47, the revisions are to in-hiring rates based on bargaining

unit agreements, trainee programs, or the Director of Central Management

Services decision.

In Section 310.410, the revisions are to include MS-salary range

assignments to newly established classifications, or to existing

classifications when bargaining unit negotiations are complete, or when

the Illinois Labor Relations Board issues a decision regarding bargaining

unit representation.

In section 310.480, the revisions are expected to better align existing Pay

Plan provisions to the policy guidance accompanying the passage of the

Equal Pay Act.

In various sections, the revisions are to include policy provisions changed

when the Illinois Labor Relations Board issues a decision regarding

bargaining unit representation or when a court issues a decision.

In various sections, the revisions are to classifications established, revised,

or abolished with the approval of the Civil Service Commission.

In various sections, the revisions are to the format of the Pay Plan to

reduce duplicate information and provide easier access to information

contained within the Pay Plan.

In various sections, the revisions are to align the Pay Plan with procedural

changes expected due to implementation of an enterprise-wide human

capital management (IT personnel software) system.

B) Statutory Authority: Authorized by Sections 8, 8a and 9(7) of the

Personnel Code [20 ILCS 415/8, 20 ILCS 415/8a, 20 ILCS 415/8c, 20

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ILLINOIS REGISTER 11650

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

JULY 2020 REGULATORY AGENDA

ILCS 415/8e, 20 ILCS 415/9(7) and 20 ILCS 415/9(14)], subsection (d) of

Section 1‑5 of the Illinois Administrative Procedure Act [5 ILCS 100/1-

5(d)] and by Sections 4, 6, 15 and 21 of the Illinois Public Labor Relations

Act [5 ILCS 315/4, 5 ILCS 315/6, 5 ILCS 315/15 and 5 ILCS 315/21].

C) Scheduled meeting/hearing dates: Interested persons may send specific

criticisms, suggestions, and/or comments to the Department of Central

Management Services in writing during the First Notice Period of the Pay

Plan amendments.

D) Date Agency anticipates First Notice: Proposed amendments based on

new, revised, or abolished classifications will be filed as the classification

actions are approved by the Civil Service Commission.

Proposed amendments for the other revisions will be filed as the policies

are prepared by the Director of Central Management Services after

consultation with operating agency heads and the Director of the

Governor's Office of Management and Budget and approved by the

Governor.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: These amendments to the Pay Plan pertain only to state

employees subject to the Personnel Code under the Governor. They do

not set out guidelines that are to be followed by local or other

jurisdictional bodies within the State.

F) Agency contact person for information:

Lisa Fendrich

Compensation Section

Division of Technical Services

Bureau of Personnel

Department of Central Management Services

504 William G. Stratton Building

401 South Spring Street

Springfield IL 62706

217/782-7976

fax: 217/524-4570

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ILLINOIS REGISTER 11651

20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

JULY 2020 REGULATORY AGENDA

[email protected]

G) Related rulemakings and other pertinent information: Other amendments

may be necessary based on emergent issues regarding state employee

salary rates and policies.

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ILLINOIS REGISTER 11652

20

CHIEF PROCUREMENT OFFICER FOR THE

CAPITAL DEVELOPMENT BOARD

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): Chief Procurement Officer for the Capital

Development Board (44 Ill. Adm. Code 8)

1) Rulemaking:

A) Description: The Chief Procurement Officer for the Capital Development

Board anticipates amendments to address legislative changes made by the

100th General Assembly.

B) Statutory Authority: 30 ILCS 500

C) Scheduled meeting/hearing dates: None have been scheduled.

D) Date Agency anticipates First Notice: October 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The proposals may affect small businesses that contract

with the State of Illinois.

F) Agency contact person for information:

Arthur Moore

Chief Procurement Officer

Chief Procurement Office for Capital Development Board

401 S. Spring Street

Room 318 Stratton Office Building

Springfield IL 62706

217/558-2156

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11653

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): Registration and Operator Requirements for Radiation

Installations (32 Ill. Adm. Code 320)

1) Rulemaking: Proposed Amendment

A) Description: The Agency will propose amendments to update categories

and requirements to coincide with the appropriate public safety level.

B) Statutory Authority: Implementing and authorized by Sections 24.7, 25

and 25.1 of the Radiation Protection Act of 1990 [420 ILCS 40/24.7, 25

and 25.1].

C) Scheduled meeting/hearing dates: None are scheduled at this time but, if

scheduled, dates and times will be announced in the Illinois Register and

on IEMA's website.

D) Date Agency anticipates First Notice: Summer 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: These amendments could affect all of these entities if they

possess x-ray machines.

F) Agency contact person for information:

Traci Burton

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield IL 62704

217/524-0770

fax: 217/524-3698

G) Related rulemakings and other pertinent information: None

b) Part (Heading and Code Citation): Licensing of Radioactive Material (32 Ill. Adm. Code

330)

1) Rulemaking: Proposed Amendment

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ILLINOIS REGISTER 11654

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

JULY 2020 REGULATORY AGENDA

A) Description: The Agency will propose amendments to Section 330.310 to

add radiopharmaceutical generator eluate testing requirements for

radiopharmacy manufacturers and to Section 330.260 to revise

radiopharmacist training and attestation requirements. These amendments

are required to be adopted by the Agency to maintain compatibility with

the U.S. Nuclear Regulatory Commission.

B) Statutory Authority: Implementing and authorized by the Radiation

Protection Act of 1990 [420 ILCS 40].

C) Scheduled meeting/hearing dates: None are scheduled at this time but, if

scheduled, dates and times will be announced in the Illinois Register and

on IEMA's website.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Small municipalities will not be impacted. Small

businesses and not-for-profit corporation may be affected if they have a

radioactive material license for medical use. The cost of these changes

should be minimal.

F) Agency contact person for information:

Traci Burton

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield IL 62704

217/524-0770

fax: 217/524-3698

G) Related rulemakings and other pertinent information: These revisions

make training and generator testing requirements compatible with the

corresponding changes in 32 Ill. Adm. Code 335 for hospitals and

authorized user physicians.

c) Part (Heading and Code Citation): Fees for Calibration Services (32 Ill. Adm. Code 333)

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ILLINOIS REGISTER 11655

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

JULY 2020 REGULATORY AGENDA

1) Rulemaking: Proposed Amendment

A) Description: The Agency plans to propose amendments to Part 333 to

update the regulation and reduce duplicative provisions.

B) Statutory Authority: Implementing and authorized by Section 25(g) of the

Radiation Protection Act of 1990 [420 ILCS 40/25(g)].

C) Scheduled meeting/hearing dates: None are scheduled at this time but, if

scheduled, dates and times will be announced in the Illinois Register and

on IEMA's website.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: These entities may be affected if they use the Agency's

calibration services.

F) Agency contact person for information:

Traci Burton

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield IL 62704

217/524-0770

fax: 217/524-3698

G) Related rulemakings and other pertinent information: None

d) Part (Heading and Code Citation): Fees for By-Product Material Licenses (32 Ill. Adm.

Code 334)

1) Rulemaking: Proposed Amendment

A) Description: The Agency plans to propose amendments to Part 334 to

update the regulation and reduce duplicative provisions.

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ILLINOIS REGISTER 11656

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: Implementing and authorized by the Uranium and

Thorium Mill Tailings Control Act [420 ILCS 42].

C) Scheduled meeting/hearing dates: None are scheduled at this time but, if

scheduled, dates and times will be announced in the Illinois Register and

on IEMA's website.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The Agency does not currently anticipate any effects to

these entities.

F) Agency contact person for information:

Traci Burton

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield IL 62704

217/524-0770

fax: 217/524-3698

G) Related rulemakings and other pertinent information: None

e) Part (Heading and Code Citation): Medical Use of Radioactive Material (32 Ill. Adm.

Code 335)

1) Rulemaking: Proposed Amendment

A) Description: The Agency will propose amendments to increase eluate

sampling for radiopharmaceuticals; add new terms such as Associate

Radiation Safety Officer and Ophthalmic Physicist; change requirements

to written directives and event reporting for permanent brachytherapy to

give physicians latitude in establishing treatment parameters; change

physician training requirements for 3rd party attestations; and, provide

exemptions for certain board-certified individuals. Many of these

amendments are required to maintain compatibility with the U.S. Nuclear

Regulatory Commission.

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ILLINOIS REGISTER 11657

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: Implementing and authorized by the Radiation

Protection Act of 1990 [420 ILCS 40].

C) Scheduled meeting/hearing dates: None are scheduled at this time but, if

scheduled, dates and times will be announced in the Illinois Register and

on IEMA's website.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: These amendments will not impact small municipalities.

Small businesses and not-for-profit corporations may be impacted if they

have a radioactive material license for medical use. Generally, the

amendments should benefit the medical community with medical

diagnostic and therapeutic uses and reporting. Costs should be minimal.

F) Agency contact person for information:

Traci Burton

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield IL 62704

217/524-0770

fax: 217/524-3698

G) Related rulemakings and other pertinent information: A corresponding

change will be made to 32 Ill. Adm. Code 330 for nuclear pharmacists that

prepare radiopharmaceuticals.

f) Part (Heading and Code Citation): Quality Standards and Certification Requirements for

Facilities Performing Mammography (32 Ill. Adm. Code 370)

1) Rulemaking: Proposed Amendment

A) Description: The Agency will propose amendments to update

requirements for mammography certification to be consistent with U.S.

Food and Drug Administration regulations for the Mammography Quality

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ILLINOIS REGISTER 11658

20

ILLINOIS EMERGENCY MANAGEMENT AGENCY

JULY 2020 REGULATORY AGENDA

Standards Act (MQSA); to clarify suspension/revocation provisions; and

to clarify other procedural issues.

B) Statutory Authority: Implementing and authorized by Section 24.5 of the

Radiation Protection Act of 1990 [420 ILCS 40/].

C) Scheduled meeting/hearing dates: None are scheduled at this time but, if

scheduled, dates and times will be announced in the Illinois Register and

on IEMA's website.

D) Date Agency anticipates First Notice: Winter 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rulemaking would only affect those entities that

possess a mammography unit and perform mammography procedures.

F) Agency contact person for information:

Traci Burton

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield IL 62704

217/524-0770

fax: 217/524-3698

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11659

20

EXECUTIVE ETHICS COMMISSION

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): Organization, Information, Rulemaking and Hearings,

(2 Ill. Adm. Code 1620)

1) Rulemaking:

A) Description: The Commission will propose amendments designed to

implement the amendments made to the State Officials and Employees

Ethics Act by PA 101-221, effective August 9, 2019, and PA 101-617,

effective December 20, 2020. In particular, the rules will address

expansion of oversight of the sexual harassment training programs to

include prevention of other forms of harassment and unlawful

discrimination and new procedural rights of subjects of harassment and

discrimination violations.

B) Statutory Authority: State Officials and Employees Act [5 ILCS 430] and

Section 1-13(e) of the Illinois Procurement Code [30 ILCS 500/1-13(e)]

C) Scheduled meeting/hearing dates: None have been scheduled.

D) Date Agency anticipates First Notice: The Commission anticipates filing

the proposed rulemaking in the third quarter of 2020.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Michelle Casey

Executive Director

Executive Ethics Commission

401 S. Spring St.

513 William Stratton Building

Springfield IL 62706

217/558-1393

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11660

20

DEPARTMENT OF INSURANCE

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): Acquisition of Control of a Domestic Company (50

Ill. Adm. Code 651)

1) Rulemaking:

A) Description: 50 Ill. Adm. Code 913.Illustration A is being repealed and

replaced by the use of the NAIC Biographical Affidavit form. Item 3 of

Part 651.Illustration A will be revised to reflect this change.

B) Statutory Authority: Implementing Article VIII½ and authorized by

Section 401 of the Illinois Insurance Code [215 ILCS 5/Art. VIII½ and

Section 401].

C) Scheduled meeting/hearing dates: None scheduled.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Marcy Savage

Assistant Deputy Director, Corporate Regulation Section

Illinois Department of Insurance

320 W. Washington St.

Springfield IL 62767

217/524-0016

G) Related rulemakings and other pertinent information: 50 Ill. Adm. Code

913, 915, 2905

b) Part (Heading and Code Citation): Registration of Insurers (50 Ill. Adm. Code 652)

1) Rulemaking:

A) Description: The rule is being amended to change guidance regarding the

filing of UCP financial statements.

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ILLINOIS REGISTER 11661

20

DEPARTMENT OF INSURANCE

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: Implementing Article VIII½ and authorized by

Sections 131.13 and 401 of the Illinois Insurance Code [215 ILCS 5/Art.

VIII½ and Sections 131.13 and 401].

C) Scheduled meeting/hearing dates: None scheduled.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Eric Moser

Assistant Deputy Director, Financial Analysis

Illinois Department of Insurance

320 West Washington Street, 4th Floor

Springfield IL 62767-0001

217/557-3759

G) Related rulemakings and other pertinent information:

c) Part (Heading and Code Citation): Securities Regulation (50 Ill. Adm. Code 913)

1) Rulemaking:

A) Description: Part 913.ILLUSTRATION A is an outdated biographical

affidavit form that is no longer being used; the NAIC form is currently in

use. Part 913.Illustration A needs to be repealed and references to it need

to be changed to refer to the NAIC Biographical Affidavit form instead.

Additionally, housekeeping changes will be made throughout the rule.

B) Statutory Authority: Implementing Sections 20, 32, 32.1 and 147.1 and

authorized by Section 401 of the Illinois Insurance Code [215 ILCS 5/20,

32, 32.1, 147.1 and 401].

C) Scheduled meeting/hearing dates: None scheduled.

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ILLINOIS REGISTER 11662

20

DEPARTMENT OF INSURANCE

JULY 2020 REGULATORY AGENDA

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Marcy Savage

Assistant Deputy Director, Corporate Regulation Section

Illinois Department of Insurance

320 W. Washington St.

Springfield IL 62767

217/524-0016

G) Related rulemakings and other pertinent information: 50 Ill. Adm. Code

651, 915, 2905

d) Part (Heading and Code Citation): Management Information Reports (50 Ill. Adm. Code

915)

1) Rulemaking:

A) Description: Part 913.ILLUSTRATION A is an outdated biographical

affidavit form that is no longer being used; the NAIC form is currently in

use. Part 913 is being amended to remove ILLUSTRATION A, and

references to it within Part 915 need to be changed to refer to the NAIC

Biographical Affidavit form instead. Additionally, housekeeping changes

will be made throughout the rule.

B) Statutory Authority: Implementing Section 155.04 and authorized by

Section 401 of the Illinois Insurance Code [215 ILCS 5/155.04 and 401].

C) Scheduled meeting/hearing dates: None scheduled.

D) Date Agency anticipates First Notice: Fall 2020

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ILLINOIS REGISTER 11663

20

DEPARTMENT OF INSURANCE

JULY 2020 REGULATORY AGENDA

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Marcy Savage

Assistant Deputy Director, Corporate Regulation Section

Illinois Department of Insurance

320 W. Washington St.

Springfield IL 62767

217/524-0016

G) Related rulemakings and other pertinent information: Parts 651, 913,

2905

e) Part (Heading and Code Citation): Uniform Prior Authorization Form Requirements

(New rule, 50 Ill. Adm. Code 2018)

1) Rulemaking:

A) Description: This new rule will be promulgated to comply with PA 101-

463, which requires the Department of Insurance to develop a uniform

electronic prior authorization form that shall be used by commercial

insurers.

B) Statutory Authority: Implementing and authorized by 215 ILCS 5/364.3.

C) Scheduled meeting/hearing dates: None are scheduled.

D) Date Agency anticipates First Notice: Summer 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Marcy Savage

Assistant Deputy Director, Corporate Regulation Section

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ILLINOIS REGISTER 11664

20

DEPARTMENT OF INSURANCE

JULY 2020 REGULATORY AGENDA

Illinois Department of Insurance

320 W. Washington St.

Springfield IL 62767

217/524-0016

G) Related rulemakings and other pertinent information: None

f) Part (Heading and Code Citation): Minimum Benefit Standards for Diabetic Coverage

(50 Ill. Adm. Code 2019)

1) Rulemaking:

A) Description: PA 101-625 makes statutory changes regarding the coverage

of prescription insulin drugs. 215 ILCS 5/356w requires plans that offer

prescription coverage to cover insulin at the same deductible, copay and

out of pocket amounts for insulin and diabetic supplies. The new Act

expands the limitations of diabetic insulin coverage to include a maximum

cap of cost-sharing per 30 day supply of insulin to $100, to apply only to

plans that cover prescriptions.

Part 2019 currently does not address the $100 per 30 day supply cap on

insulin. Language will need to be added to implement the statute.

B) Statutory Authority: Implementing Section 356w and 356z.41 and

authorized by Section 401 of the Illinois Insurance Code [215 ILCS

5/356w, 356z.41 and 401].

C) Scheduled meeting/hearing dates: None are scheduled.

D) Date Agency anticipates First Notice: Summer 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Ryan Gillespie, Deputy Director of Health Products

Illinois Department of Insurance

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ILLINOIS REGISTER 11665

20

DEPARTMENT OF INSURANCE

JULY 2020 REGULATORY AGENDA

320 West Washington St.

Springfield IL 62767

217/558-2746

G) Related rulemakings and other pertinent information: None

g) Part (Heading and Code Citation): Registration of Workers' Compensation Utilization

Review Organizations (50 Ill. Adm. Code 2905)

1) Rulemaking:

A) Description: Exhibit B of Part 2905 is the Utilization Review

Organization Officers and Directors Biographical Affidavit. The

requirements in Exhibit B are contained in the current NAIC Biographical

Affidavit. Section 2905.20 will be revised to note the use of the current

NAIC Biographical Affidavit and remove the reference to Exhibit B.

Housekeeping changes will also be made to the Definitions Section.

B) Statutory Authority: Implementing Section 8.7 of the Workers'

Compensation Act [820 ILCS 305/8.7] and authorized by Section 8.7 of

the Workers' Compensation Act and Section 401 of the Illinois Insurance

Code [215 ILCS 5/401].

C) Scheduled meeting/hearing dates: None are currently scheduled.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None anticipated.

F) Agency contact person for information:

Michael Chrysler

Chief Deputy Director, Product Lines

Illinois Department of Insurance

320 W. Washington St.

Springfield IL 62767-0001

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ILLINOIS REGISTER 11666

20

DEPARTMENT OF INSURANCE

JULY 2020 REGULATORY AGENDA

217/558-2744

G) Related rulemakings and other pertinent information: Parts 651, 913, 915

h) Part (Heading and Code Citation): Premium Fund Trust Account (50 Ill. Adm. Code

3113)

1) Rulemaking:

A) Description: Changes are required to update the rule to reflect modern

banking and insurance agency operations.

B) Statutory Authority: Implementing Sections 500-70, 500-110 and 500-

115 and authorized by Section 401 of the Illinois Insurance Code [215

ILCS 5/401, 500-70, 500-110 and 500-115].

C) Scheduled meeting/hearing dates: None scheduled.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Justin Hammersmith, Deputy Director

Enforcement/Investigations

Illinois Department of Insurance

320 West Washington St.

Springfield IL 62767

312/814-1767

G) Related rulemakings and other pertinent information: None

i) Part (Heading and Code Citation): Licensing of Public Adjusters (50 Ill. Adm. Code

3118)

1) Rulemaking:

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ILLINOIS REGISTER 11667

20

DEPARTMENT OF INSURANCE

JULY 2020 REGULATORY AGENDA

A) Description: Changes are necessary to more clearly define the law and

requirements of licensed Public Adjusters and Public Adjuster Business

Entities conducting business in the State of Illinois. This clarification is

necessary for consumers, Public Adjusters, insurers and Department

regulators. In addition, it will allow the Department to more efficiently

investigate, examine and regulate the profession.

B) Statutory Authority: Implementing Article XLV and authorized by

Section 401 of the Illinois Insurance Code [215 ILCS 5/Art. XLV and

401].

C) Scheduled meeting/hearing dates: None scheduled.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Justin Hammersmith, Deputy Director

Enforcement/Investigations

Illinois Department of Insurance

320 West Washington St.

Springfield IL 62767

312/814-1767

G) Related rulemakings and other pertinent information: None

j) Part (Heading and Code Citation): Portability of Creditable Service Time for Downstate

and Suburban Police Pension Funds (50 Ill. Adm. Code 4404)

1) Rulemaking:

A) Description: Part 4404.Illustration A will be repealed or amended to

delete a request for the participant's Social Security Number and to add

requests for other relevant information.

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ILLINOIS REGISTER 11668

20

DEPARTMENT OF INSURANCE

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: Implementing Section 3-110 and 3-110.7, and

authorized by Section 3-110 of the Illinois Pension Code [40 ILCS 5/3-

110 and 3-110.7].

C) Scheduled meeting/hearing dates: None scheduled.

D) Date Agency anticipates First Notice: Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Kevin Fry, Chief Operating Officer

Illinois Department of Insurance

320 West Washington St.

Springfield IL 62767

217/782-1756

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11669

20

DEPARTMENT OF NATURAL RESOURCES

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): Camping on Department of Natural Resources

Properties (17 Ill. Adm. Code 130)

1) Rulemaking:

A) Description: This Part is being amended to allow for more opportunities

for constituents that do not possess camping equipment to be able to rent

(from an IDNR contracted Concessionaire) camping equipment and enjoy

camping at select IDNR sites.

B) Statutory Authority: Implementing and authorized by Sections 1 and 4(1)

and (5) of the State Parks Act [20 ILCS 835], and by Sections 805-305

and 805-515 of the Civil Administrative Code of Illinois [20 ILCS 805].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: July 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

George Sisk, Legal Counsel

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

G) Related rulemakings and other pertinent information: None

b) Part (Heading and Code Citation): Sportfishing Regulations for the Waters of Illinois (17

Ill. Adm. Code 810)

1) Rulemaking:

A) Description: This Part is being amended to update sportfishing

regulations.

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ILLINOIS REGISTER 11670

20

DEPARTMENT OF NATURAL RESOURCES

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: Implementing and authorized by Sections 1-120, 1-

125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45,

10-50, 10-60, 10-75, 10-90, 10-95, 15-50, 20-5, 20-35 and 25-5 of the Fish

and Aquatic Life Code [515 ILCS 5/1-120, 1-125, 1-150, 5-5, 10-5, 10-10,

10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10-

95, 15-50, 20-5, 20-35, 25-5, and 5/5-15].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: October 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

John Heidinger, Legal Counsel

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

G) Related rulemakings and other pertinent information: None

c) Part (Heading and Code Citation): Commercial Fishing and Musseling in Certain Waters

of the State (17 Ill. Adm. Code 830)

1) Rulemaking:

A) Description: This Part is being amended to update regulations for certain

waters in the State.

B) Statutory Authority: Implementing and authorized by Sections 1-60, 1-65,

1-120, 10-120, 15-35, 15-40, 20-35 and 25-5 of the Fish and Aquatic Life

Code [515 ILCS 5/1-60, 1-65, 1-120, 10-120, 15-35, 15-40, 20-35 and 25-

5].

C) Scheduled meeting/hearing dates: None

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ILLINOIS REGISTER 11671

20

DEPARTMENT OF NATURAL RESOURCES

JULY 2020 REGULATORY AGENDA

D) Date Agency anticipates First Notice: October 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

John Heidinger, Legal Counsel

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

G) Related rulemakings and other pertinent information: None

d) Part (Heading and Code Citation): Timber Buyer Licensing and Harvest Fees (17 Ill.

Adm. Code 1535)

1) Rulemaking:

A) Description: This Part is being amended to better define agents of buyers

and change reporting from quarterly to monthly for necessity of tracking

legal timber and law and legal enforcement.

B) Statutory Authority: Implementing and authorized by the Timber Buyers

Licensing Act [225 ILCS 735].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: August 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: No effect on small businesses. Required paperwork to be a

timber buyer and purchase timber will require additional information and

will require paperwork more often. Said information and paperwork are

already on hand and/or are records buyers already keep.

F) Agency contact person for information:

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ILLINOIS REGISTER 11672

20

DEPARTMENT OF NATURAL RESOURCES

JULY 2020 REGULATORY AGENDA

John Heidinger, Legal Counsel

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

G) Related rulemakings and other pertinent information: None

e) Part (Heading and Code Citation): Wrongful Tree Cutting (17 Ill. Adm. Code 1585)

1) Rulemaking:

A) Description: This Part is being amended to made updates pursuant to PA

101-102.

B) Statutory Authority: Implementing and authorized by the Wrongful Tree

Cutting Act [740 ILCS 185].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: August 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: No known effects. Provides protection and mitigation for

natural resource owns experiencing trespass with damage/theft to/of tree

and related natural resource plant communities

F) Agency contact person for information:

John Heidinger, Legal Counsel

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11673

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DEPARTMENT OF NATURAL RESOURCES

JULY 2020 REGULATORY AGENDA

f) Part (Heading and Code Citation): Permanent Program Performance Standards – Surface

Mining Activities (62 Ill. Adm. Code 1816)

1) Rulemaking:

A) Description: This Part is being amended to add clarifying language to the

procedures used to meet the revegetation performance standards for land

affected by the mining of coal.

B) Statutory Authority: Implementing and authorized by the Surface Coal

Mining Land Conservation and Reclamation Act [225 ILCS 720].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: October 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: No impact anticipated.

F) Agency contact person for information:

Amy Oakes, Legal Counsel

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

G) Related rulemakings and other pertinent information: None

g) Part (Heading and Code Citation): Permanent Program Performance Standards –

Underground Mining Operations (62 Ill. Adm. Code 1817)

1) Rulemaking:

A) Description: This Part is being amended to add clarifying language to the

procedures used to meet the revegetation performance standards for land

affected by the mining of coal.

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ILLINOIS REGISTER 11674

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DEPARTMENT OF NATURAL RESOURCES

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: Implementing and authorized by the Surface Coal

Mining Land Conservation and Reclamation Act [225 ILCS 720].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: October 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: No impact anticipated.

F) Agency contact person for information:

Amy Oakes, Legal Counsel

One Natural Resources Way

Springfield IL 62702-1271

217/782-1809

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11675

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): Fire Sprinkler Contractor Licensing Rules (41 Ill.

Adm. Code 109)

1) Rulemaking:

A) Description: The OSFM is proposing an Agency bill that would amend

the Fire Sprinkler Contractor Licensing Act in order to address recently

identified enforcement issues and other operational concerns. A

rulemaking would then follow to implement the statutory changes.

B) Statutory Authority: Implementing and authorized by Section 55 of the

Fire Sprinkler Contractor Licensing Act [225 ILCS 317/55].

C) Scheduled meeting/hearing dates: The Agency has not yet scheduled

meetings or hearings on this proposal

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Unknown but could impact any small business that installs,

repairs, inspects, or maintains fire sprinkler systems.

F) Agency contact person for information: Address written comments

concerning the substance of the rulemaking as follows:

Larry Eaton

Manager

Division of Fire Prevention

Office of the State Fire Marshal

1035 Stevenson Drive

Springfield IL 62704

217/558-0639

G) Related rulemakings and other pertinent information: None

b) Part (Heading and Code Citation): Policy and Procedures Manual for Fire Protection

Personnel (41 Ill. Adm. Code 141)

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ILLINOIS REGISTER 11676

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OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

1) Rulemaking:

A) Description: These proposed changes would involve updates to the fire

fighter training certification and recertification requirements, including

updates to Subpart B (Training Facilities) and Subpart C (Examination), as

approved by the certification subcommittees established by the Fire

Advisory Commission. It will also include corrections or clarifications

needed for certification requirements in Subpart D. This rulemaking will

also make other minor edits to achieve consistency with changes to

Section 8 of the Illinois Fire Protection Training Act [50 ILCS 740/8]

made by PA 99-480, regarding Opioid Antagonists Training, and by PA

101-375, regarding Mental Health First Aid Training. Makes other updates

as needed.

B) Statutory Authority: Implementing and authorized by Sections 8 and 11

of the Fire Protection Training Act [50 ILCS 740/8] and the Peace Officer

Fire Investigation Act [20 ILCS 2910].

C) Scheduled meeting/hearing dates: None scheduled.

D) Date Agency anticipates First Notice: Summer/Fall 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rulemaking may impact small municipalities or fire

protection districts that elect to participate in the Office of the State Fire

Marshal's voluntary certification program and seek reimbursement for

training expenditures from funds appropriated to the Office for these

reimbursements. Streamlined procedural rules are expected to speed the

curriculum approval time and decrease administrative burdens on

participants.

F) Agency contact person for information:

Mitzi Woodson

Manager

Division of Personnel Standards and Education

Office of the State Fire Marshal

1035 Stevenson Drive

Springfield IL 62703

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ILLINOIS REGISTER 11677

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

217/785-1003

G) Related rulemakings and other pertinent information: The first phase of

amendments to this Part was published for First Notice on April 1, 2016

(40 Ill. Reg. 5366), received a Certification of No Objection from JCAR

and was adopted, effective March 27, 2017. The second phase was

published for First Notice on November 18, 2016 (40 Ill. Reg. 15482),

received a Certification of No Objection from JCAR and was adopted,

effective August 1, 2017

c) Parts (Heading and Code Citations): Storage, Transportation, Sale and Use of Gasoline

and Volatile Oils: Rules and Regulations\Relating to General Storage (41 Ill. Adm. Code

160); Storage, Transportation, Sale and Use of Gasoline and Volatile Oils (41 Ill. Adm.

Code 180)

1) Rulemaking:

A) Description: This rulemaking will update the Agency's rules applicable to

aboveground storage tanks (ASTs). This includes two primary rule Parts:

41 Ill. Adm. Code 160 and 41 Ill. Adm. Code 180 that are applicable to

ASTs used for both dispensing and non-dispensing purposes. Part 160

rules primarily address the use of ASTs for bulk storage of flammable or

combustible liquids (storage for other than dispensing purposes). Part 180

rules primarily address the use of ASTs for flammable or combustible

liquids used to dispense fuel into vehicles or portable containers. The

primary focus of the rules will be to replace the currently outdated rules

with references to nationally recognized standards for ASTs and the

storage and handling of flammable and combustible liquids.

B) Statutory Authority: Implementing and authorized by Section 2 of the

Gasoline Storage Act [430 ILCS 15/2].

C) Scheduled meeting/hearing dates: The Agency has not yet scheduled

meetings or hearings on this proposal.

D) Date Agency anticipates First Notice: Unknown

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ILLINOIS REGISTER 11678

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OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The rules will impact any small business, municipality or

not-for-profit corporations that install or relocate an AST containing

flammable or combustible liquids. The proposed rules are not anticipated

to impose further restrictions upon ASTs that are already in-place. It is

estimated these changes will make the storage and handling of flammable

and combustible liquids, including ASTs, less expensive, more cost

effective and safer.

F) Agency contact person for information:

Cathy Stashak

Section Chief

Technical Services Division

Office of the State Fire Marshal

100 W. Randolph St., Suite 4-600

Chicago IL 60601

312/814-2425

G) Related rulemakings and other pertinent information: The proposed

changes to 41 Ill. Adm. Code 160 are related to the proposed changes to

41 Ill. Adm. Code 180.

d) Parts (Heading and Code Citations): Storage, Transportation, Sale and Use of Gasoline

and Volatile Oils: Rules and Regulations\Relating to General Storage (41 Ill. Adm. Code

160); Storage, Transportation, Sale and Use of Gasoline and Volatile Oils (41 Ill. Adm.

Code 180)

1) Rulemaking:

A) Description: This rulemaking may be filed separately from the one

described in paragraph c) above and will amend the Agency's rules

applicable to aboveground storage tanks (ASTs) in two primary rule Parts:

41 Ill. Adm. Code 160 and 41 Ill. Adm. Code 180. The primary focus of

the rulemaking will be to amend the provisions pertaining to the maximum

number of storage or dispensing ASTs and maximum allowable capacity

for storage or dispensing ASTs at facilities used for fleet dispensing as

described in Section 180.20(a)(2).

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ILLINOIS REGISTER 11679

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OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: Implementing and authorized by Section 2 of the

Gasoline Storage Act [430 ILCS 15/2].

C) Scheduled meeting/hearing dates: The Agency has not yet scheduled

meetings or hearings on this proposal.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The rules will impact any small business, municipality or

not-for-profit corporations that install or relocate an AST containing

flammable or combustible liquids. The proposed rules are not expected to

create more stringent restrictions upon ASTs. It is estimated that these

changes will make the dispensing of flammable and combustible liquids

using ASTs less expensive, more cost effective and safer.

F) Agency contact person for information:

Cathy Stashak

Section Chief

Technical Services Division

Office of the State Fire Marshal

100 W. Randolph St., Suite 4-600

Chicago IL 60601

312/814-2425

G) Related rulemakings and other pertinent information: The proposed

changes to 41 Ill. Adm. Code 160 are related to the proposed changes to

41 Ill. Adm. Code 180.

e) Part (Heading and Code Citation): Petroleum Equipment Contractor Licensing (41 Ill.

Adm. Code 172)

1) Rulemaking:

A) Description: This rulemaking will update certification and licensure rules

for petroleum equipment contractors doing work on underground storage

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ILLINOIS REGISTER 11680

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

tanks as a result of changes to the program made by PA 97-428. The

rulemaking will address inconsistencies between the rules and the statute

raised in internal audit findings. It will also update cross-references to

OSFM rules for which the numbering has changed from Part 170 to Parts

174, 175 and 176.

B) Statutory Authority: Petroleum Equipment Contractor Licensing Act [225

ILCS 729/25, 35(a)(4), and 35(b)(7)].

C) Scheduled meeting/hearing dates: None scheduled yet.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rulemaking with have a minimal impact on small

businesses that conduct permitted work on underground storage tanks.

F) Agency contact person for information:

James Bentley

Manager

Division of Petroleum and Chemical Safety

Office of the State Fire Marshal

1035 Stevenson Drive

Springfield IL 62603

217/557-3131

G) Related rulemakings and other pertinent information: None

f) Part (Heading and Code Citation): Storage, Transportation, Sale and Use of Liquefied

Petroleum Gas (41 Ill. Adm. Code 200)

1) Rulemaking:

A) Description: This rulemaking will update the Agency's rules applicable to

liquefied petroleum gas (LPG) tanks. The primary focus of the rules will

be to update the reference to a national standard: NFPA 58 Liquefied

Petroleum Gas Code. The rule currently references to the 2011 edition of

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ILLINOIS REGISTER 11681

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OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

NFPA 58 and the OSFM intends to update that reference to the latest

published edition of NFPA 58 (2017 edition) in order to remain current

with industry practices. The statute requires that OSFM rules on this topic

be in substantial conformity with the national codes published by the

National Fire Protection Association (NFPA).

B) Statutory Authority: Liquefied Petroleum Gas Regulation Act [430 ILCS

5/3].

C) Scheduled meeting/hearing dates: None scheduled.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The rules will impact any small business, municipality or

not-for-profit corporation that installs or relocates a LPG (including

propane) storage tank. The proposed rules are not anticipated to impose

further restrictions upon existing LPG tanks.

F) Agency contact person for information:

Cathy Stashak

Section Chief

Technical Services Division

Office of the State Fire Marshal

100 W. Randolph St., Suite 4-600

Chicago IL 60601

312/814-2425

G) Related rulemakings and other pertinent information: None

g) Part (Heading and Code Citation): Appeals and Enforcement Proceedings (41 Ill. Adm.

Code 210)

1) Rulemaking:

A) Description: This Part will be amended to delineate and clarify the appeal

process utilized during certain OSFM administrative enforcement

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ILLINOIS REGISTER 11682

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OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

proceedings. Amendments will include, among other things, clarification

concerning the duties of the respective parties, the initiation of contested

hearings, pleadings, motions, discovery, the burden and standard of proof,

the applicable rules of evidence, the consequences of failing to appear, and

default procedures.

B) Statutory Authority: Implemented and authorized by Section 10-5 of the

Illinois Administrative Procedures Act [5 ILCS 100/10-5].

C) Scheduled meeting/hearing dates: The Agency has not yet scheduled

meetings or hearings on this proposal.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None anticipated.

F) Agency contact person for information:

Matt Taksin

General Counsel - Legal Division

Office of the State Fire Marshal

1035 Stevenson Drive

Springfield IL 62703

312/814-6322

G) Related rulemakings and other pertinent information: None

h) Part (Heading and Code Citation): Pyrotechnic Distributor and Operator Licensing Rules

(41 Ill. Adm. Code 230)

1) Rulemaking:

A) Description: This rulemaking is for the purpose of clarifying insurance

requirements, verification of business identity and tax compliance for

licensees, incorporation of more current technical and federal regulatory

standards, deleting references to the Music Entertainment Task Force,

establishing fee schedule for Assistant registration, and establishing a

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ILLINOIS REGISTER 11683

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

protocol to license out of state production companies to support the

film/entertainment industry.

B) Statutory Authority: Implemented and authorized by Section 30 of

Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227/30].

C) Scheduled meeting/hearing dates: None scheduled yet.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This change will always require all Pyrotechnic Distributors

to maintain to maintain product, and general liability insurance at all times

their license is in effect. This will also add a fee of $30 per pyrotechnic

assistant at time of registration renewal (every three years).

F) Agency contact person for information:

Larry Eaton

Manager

Division of Fire Prevention

Office of the State Fire Marshal

1035 Stevenson Drive

Springfield IL 62703

217/558-0639

G) Related rulemakings and other pertinent information: Pyrotechnic and

Consumer Display Permitting Rules (41 Ill. Adm. Code 235)

i) Part (Heading and Code Citation): Pyrotechnic and Consumer Display Permitting Rules

(41 Ill. Adm. Code 235)

1) Rulemaking:

A) Description: This rulemaking will update referenced industry technical

standards, incorporate recent federal requirements, amend local permit

requirements, and better align with Part 230 Pyrotechnic Distributor and

Operator Licensing Rules.

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ILLINOIS REGISTER 11684

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OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: Implementing and authorized by Section 4.1 of the

Fireworks Use Act [425 ILCS 35/5].

C) Scheduled meeting/hearing dates: None scheduled yet.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The rules may impact any small business, municipality or

not-for-profit corporation that possesses or applies for a Pyrotechnic or

Consumer Display permit.

F) Agency contact person for information:

Larry Eaton

Manager

Division of Fire Prevention

Office of the State Fire Marshal

1035 Stevenson Drive

Springfield IL 62703

217/558-0639

G) Related rulemakings and other pertinent information: Proposed revisions

to 41 Ill. Adm. Code 230's requirements for Pyrotechnic Distributor and

Operator Licensing Rules

j) Parts (Heading and Code Citations): Fire Equipment Distributor and Employee

Standards (41 Ill. Adm. Code 251); Fire Equipment Administrative Procedures (41 Ill.

Adm. Code 280)

1) Rulemaking:

A) Description: This proposed rulemaking will combine the Part 251 and

Part 280 rules into one document to streamline administration of the

program. The rulemaking will update the statutory authority which is now

known as the Fire Equipment Distributor and Employee Regulation Act of

2011 [225 ILCS 217] and define the procedures for the citation authority

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ILLINOIS REGISTER 11685

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

provided in Section 83 of this Act [225 ILCS 217/83]. This rulemaking

will implement statutory changes that eliminated the Fire Equipment

Distributor and Employee Advisory Board and require a photo or

electronic copy of a driver's license or State identification in lieu of a

social security number for licensees

B) Statutory Authority: Implementing and authorized by the Fire Equipment

Distributor and Employee Regulation Act of 2011 [225 ILCS 217].

C) Scheduled meeting/hearing dates: The Agency has not yet scheduled

meetings or hearings on this proposal.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: The rules will have no additional impact on the regulated

community, small municipalities or not-for-profit corporations and may

simplify the regulatory environment.

F) Agency contact person for information:

Larry Eaton

Manager

Division of Fire Prevention

Office of the State Fire Marshal

1035 Stevenson Drive

Springfield IL 62703

217/558-0639

G) Related rulemakings and other pertinent information: None

k) Part (Heading and Code Citation): Fire Truck Revolving Loan Program (41 Ill. Adm.

Code 290)

1) Rulemaking:

A) Description: The Office of the Illinois State Fire Marshal (OSFM) and the

Illinois Finance Authority (IFA) have authority to jointly administer a

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ILLINOIS REGISTER 11686

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OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

program to provide zero-interest loans or low-interest loans to finance or

reimburse the purchase of fire trucks or brush trucks by a unit of local

government (fire department, fire protection district or township fire

department). This rulemaking would update language regarding the work

of the review committee in reviewing and scoring loan applications. This

would include the deletion of obsolete language about voting and

quorums. Makes changes that would allow applicants to use loan

proceeds to pay off a loan received within one year of the loan application

deadline rather that one year from the receipt of loan proceeds. The

rulemaking would also clarify that a function of the Fire Marshal's

designee is to have the ability to review applications that may be

submitted by a department or district that one of the members of the

review committee is employed by.

B) Statutory Authority: Implementing and authorized by Section 825-80 of

the Illinois Finance Authority Act [20 ILCS 3501/825-80].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Changing these references would merely clarify the rules

and would not have any fiscal or other impacts.

F) Agency contact person for information:

Ronny J. Wickenhauser

Chief Fiscal Officer

Office of the Illinois State Fire Marshal

1035 Stevenson Drive

Springfield IL 62703

217/558-0577

G) Related rulemakings and other pertinent information: None

l) Part (Heading and Code Citation): Small Equipment Grant Program (41 Ill. Adm. Code

291)

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ILLINOIS REGISTER 11687

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

1) Rulemaking:

A) Description: The Office of the Illinois State Fire Marshal (OSFM)

administers a program to provide grants for the purchase of small

equipment by a not-for-profit ambulance service or a unit of local

government (fire department, fire protection district or township fire

department) in Illinois that provides emergency medical service within a

geographical area. This rulemaking would update language regarding the

work of the review committee in reviewing and scoring loan applications.

This would include the deletion of obsolete language about voting and

quorums. The rulemaking would also clarify that a function of the Fire

Marshal's designee is to have the ability to review applications that may be

submitted by a department or district that one of the members of the

review committee is employed by.

B) Statutory Authority: Implementing and authorized by Section 2.7 of the

State Fire Marshal Act [20 ILCS 2905/2.7].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Changing these references would merely clarify the rules

and would not have any fiscal or other impacts.

F) Agency contact person for information:

Ronny J. Wickenhauser

Chief Fiscal Officer

Office of the Illinois State Fire Marshal

1035 Stevenson Drive

Springfield IL 62703

217/558-0577

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11688

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

m) Part (Heading and Code Citation): Ambulance Revolving Loan Program (41 Ill. Adm.

Code 292)

1) Rulemaking:

A) Description: The Office of the Illinois State Fire Marshal (OSFM) and the

Illinois Finance Authority (IFA) have authority to jointly administer a

program to provide zero-interest and low-interest loans for the purchase of

an ambulance or ambulances by a not-for-profit ambulance service or a

unit of local government (fire department, fire protection district or

township fire department) in Illinois that provides emergency medical

service within a geographical area. This rulemaking would update

language regarding the work of the review committee in reviewing and

scoring loan applications. This would include the deletion of obsolete

language about voting and quorums. Makes changes that would allow

applicants to use loan proceeds to pay off a loan received within one year

of the loan application deadline rather that one year from the receipt of

loan proceeds. The rulemaking would also clarify that a function of the

Fire Marshal's designee is to have the ability to review applications that

may be submitted by a department or district that one of the members of

the review committee is employed by.

B) Statutory Authority: Implementing and authorized by Section 825-85 of

the Illinois Finance Authority Act [20 ILCS 3501/825-85].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Changing these references would merely clarify the rules

and would not have any fiscal or other impacts.

F) Agency contact person for information:

Ronny J. Wickenhauser

Chief Fiscal Officer

Office of the Illinois State Fire Marshal

1035 Stevenson Drive

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ILLINOIS REGISTER 11689

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

Springfield IL 62703

217/558-0577

G) Related rulemakings and other pertinent information: None

n) Part (Heading and Code Citation): Fire Sprinkler Dormitory Revolving Loan Program

(41 Ill. Adm. Code 293)

1) Rulemaking:

A) Description: The Office of the Illinois State Fire Marshal (OSFM) and the

Illinois Finance Authority (IFA) have authority to jointly administer a

program to provide low-interest loans to post-secondary educational

institutions for the planning, purchasing, installing, upgrading, altering,

modifying, fixing or repairing of a fire sprinkler system or fire sprinkler

systems located in such institutions' on-campus housing. This rulemaking

would update language regarding the work of the review committee in

reviewing and scoring loan applications. This would include the deletion

of obsolete language about voting and quorums. Makes changes that

would allow applicants to use loan proceeds to pay off a loan received

within one year of the loan application deadline rather that one year from

the receipt of loan proceeds. The rulemaking would also clarify that a

function of the Fire Marshal's designee is to have the ability to review

applications that may be submitted by a department or district that one of

the members of the review committee is employed by.

B) Statutory Authority: Implementing and authorized by Section 15 of the

Fire Sprinkler Dormitory Act [110 ILCS 47/15].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Changing these references would merely clarify the rules

and would not have any fiscal or other impacts.

F) Agency contact person for information:

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ILLINOIS REGISTER 11690

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

Ronny J. Wickenhauser

Chief Fiscal Officer

Office of the Illinois State Fire Marshal

1035 Stevenson Drive

Springfield IL 62703

217/558-0577

G) Related rulemakings and other pertinent information: None

o) Part (Heading and Code Citation): Fire Station Revolving Loan Program (41 Ill. Adm.

Code 294)

1) Rulemaking:

A) Description: The Office of the Illinois State Fire Marshal (OSFM) and the

Illinois Finance Authority (IFA) have authority to jointly administer a

program to provide zero-interest loans or low-interest loans to finance all

or any portion of the costs associated with the construction, rehabilitation,

remodeling or expansion of a fire station by a unit of local government

(fire department, fire protection district or township fire department). This

rulemaking would update language regarding the work of the review

committee in reviewing and scoring loan applications. This would include

the deletion of obsolete language about voting and quorums. Makes

changes that would allow applicants to use loan proceeds to pay off a loan

received within one year of the loan application deadline rather that one

year from the receipt of loan proceeds. The rulemaking would also clarify

that a function of the Fire Marshal's designee is to have the ability to

review applications that may be submitted by a department or district that

one of the members of the review committee is employed by.

B) Statutory Authority: Implementing and authorized by Section 825-81 of

the Illinois Finance Authority Act [20 ILCS 3501/825-81].

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: Unknown

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ILLINOIS REGISTER 11691

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OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Changing these references would merely clarify the rules

and would not have any fiscal or other impacts.

F) Agency contact person for information:

Ronny J. Wickenhauser

Chief Fiscal Officer

Office of the Illinois State Fire Marshal

1035 Stevenson Drive

Springfield IL 62703

217/558-0577

G) Related rulemakings and other pertinent information: None

p) Part (Heading and Code Citation): Furniture Fire Safety Regulations (41 Ill. Adm. Code

300)

1) Rulemaking:

A) Description: As required by statute [425 ILCS 45], this rulemaking will

update referenced standards to the current "bulletins" (standards) used by

the State of California's Department of Consumer Affairs: Bureau of

Home Furnishings and Thermal Insulation for descriptions of the tests that

are required to be performed on upholstered furniture components.

B) Statutory Authority: Implementing and authorized by Section 15 of the

Furniture Fire Safety Act [425 ILCS 45/15].

C) Scheduled meeting/hearing dates: The Agency has not yet scheduled

meetings or hearings on this proposal.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: Any small business or not-for-profit corporation that

manufactures upholstered seating furniture used in public occupancies or

public assembly areas, or any small business, small municipality or not-

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ILLINOIS REGISTER 11692

20

OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

for-profit that owns or maintains a public occupancy or public assembly

area that contains stuffed or upholstered furniture for specified

occupancies. These include assembly occupancies; day care centers;

health care occupancies; detention and correctional facilities; and public

assembly areas of hotel and motels that contain seating for more than 10

(individual guest rooms are not included). These proposed rules are not

anticipated to impose further restriction upon regulated furniture.

F) Agency contact person for information:

Cathy Stashak

Section Chief

Technical Services Division

Office of the State Fire Marshal

100 W. Randolph St., Suite 4-600

Chicago IL 60601

312/814-2425

G) Related rulemakings and other pertinent information: None

q) Part (Heading and Code Citation): Illinois Elevator Safety Rules (41 Ill. Adm. Code

1000)

1) Rulemaking:

A) Description: Incorporate nationally recognized safety codes which were

recently published. Pursuant to statute, the Elevator Safety Board is given

12 months after the effective date of a new standard to adopt any new

safety code cited in the statute.

B) Statutory Authority: Authorized by Section 35 of the Elevator Safety and

Regulation Act [225 ILCS 312/35].

C) Scheduled meeting/hearing dates: The Agency has not yet scheduled

meetings or hearings on this proposal.

D) Date Agency anticipates First Notice: Fall 2020

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ILLINOIS REGISTER 11693

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OFFICE OF THE STATE FIRE MARSHAL

JULY 2020 REGULATORY AGENDA

E) Effect on small businesses, small municipalities or not-for-profit

corporations: All new conveyances and conveyances being modernized

will be required to conform to the new codes. Municipalities would also

be required to enforce these new codes locally, per their municipal

elevator agreements with OSFM.

F) Agency contact person for information:

Bob Capuani

Elevator Safety Division

Office of the Illinois State Fire Marshal

James R. Thompson Center

100 W. Randolph Street

Suite 4-600

Chicago IL 60601

312/814-8734

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11694

20

OFFICE OF THE STATE TREASURER

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): College Savings Pool (23 Ill. Adm. Code 2500)

1) Rulemaking:

A) Description: This rulemaking updates the existing rule to make it

consistent with PAs 100-905 and 101-26. The changes will provide

clarification as to how the pool is administered in accordance with the

amended state Statute as well as federal statutes and guidelines provided

by federal regulatory agencies.

B) Statutory Authority: Section 16.5(n) of the State Treasurer Act [15 ILCS

505/16.5(n)]

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: September 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Laura J. Duque

General Counsel

Illinois State Treasurer

100 W. Randolph St, Suite 15-600

Chicago IL 60601

217/720-0991

[email protected]

G) Related rulemakings and other pertinent information: None

b) Part (Heading and Code Citation): Achieving a Better Life Experience (ABLE) Account

Program (74 Ill. Adm. Code 722)

1) Rulemaking:

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ILLINOIS REGISTER 11695

20

OFFICE OF THE STATE TREASURER

JULY 2020 REGULATORY AGENDA

A) Description: This rulemaking revises the existing rule to make it

consistent with PA 101-329. Among other things, the changes will allow

guardians of the person to open ABLE accounts and make it easier for

guardians and designated representatives to establish ABLE accounts.

B) Statutory Authority: Section 16.6(p) of the State Treasurer Act [15 ILCS

505/16.6(p)]

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: September 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Christopher M. Flynn

Deputy General Counsel

Illinois State Treasurer

400 W. Monroe St, Suite 401

Springfield IL 62704

217/558-0115

fax: 217/208-2001

[email protected]

G) Related rulemakings and other pertinent information: None

c) Part (Heading and Code Citation): E-Pay Program (74 Ill. Adm. Code 735)

1) Rulemaking:

A) Description: This rulemaking will provide guidance on the

implementation of PA 100-490, which clarifies that revenue received by

the State in various forms, including electronic checks and credit card

payments, and the processing thereof, shall be authorized for acceptance

and collection by the State Treasurer.

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ILLINOIS REGISTER 11696

20

OFFICE OF THE STATE TREASURER

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: Section 17 of the State Treasurer Act [15 ILCS

505/17]

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: September 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Christopher M. Flynn

Deputy General Counsel

Illinois State Treasurer

400 W. Monroe St, Suite 401

Springfield IL 62704

217/558-0115

fax: 217/208-2001

[email protected]

G) Related rulemakings and other pertinent information: None

d) Part (Heading and Code Citation): Home Ownership Made Easy Act (74 Ill. Adm. Code

750)

1) Rulemaking:

A) Description: This rulemaking will repeal this Part following repeal of the

statute through PA 100-621.

B) Statutory Authority: Home Ownership Made Easy Act [310 ILCS 55]

C) Scheduled meeting/hearing dates: None

D) Date Agency anticipates First Notice: August 2020

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ILLINOIS REGISTER 11697

20

OFFICE OF THE STATE TREASURER

JULY 2020 REGULATORY AGENDA

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Sara Meek

Legislative Director

Illinois State Treasurer

219 State House

Springfield IL 62706

217/524-0530

fax: 217/785-2777

[email protected]

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11698

20

ILLINOIS STUDENT ASSISTANCE COMMISSION

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): General Provisions (23 Ill. Adm. Code 2700)

1) Rulemaking:

A) Description: This Part is being revised to update the name of the financial

aid application used by RISE Act-eligible students and to implement

statutory amendments as necessary.

B) Statutory Authority: Implementing the Higher Education Student

Assistance Act [110 ILCS 947]; Title IV of the Higher Education Act of

1965, as amended (20 USC 1070 et seq., as amended by P.L. 105-244);

and authorized by Section 20(f) of the Higher Education Student

Assistance Act [110 ILCS 947/20(f)].

C) Scheduled meeting/hearing dates: At this time, ISAC has not scheduled a

hearing or a meeting specifically to solicit comments on this anticipated

rulemaking. Nonetheless, members of the public may submit views or

comments in writing to the individual identified in item F, below.

D) Date Agency anticipates First Notice: July 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Jackie Eckley

Agency Rules Coordinator

Illinois Student Assistance Commission

500 West Monroe, 3rd floor

Springfield IL 62704

217/782-5161

[email protected]

G) Related rulemakings and other pertinent information: None

b) Part (Heading and Code Citation): AIM HIGH Grant Pilot Program (23 Ill. Adm. Code

2766)

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ILLINOIS REGISTER 11699

20

ILLINOIS STUDENT ASSISTANCE COMMISSION

JULY 2020 REGULATORY AGENDA

1) Rulemaking:

A) Description: This Part is being revised due to legislation (PA 101-643)

stating that the program's income requirement at the time of initial

application will be the income considered for each subsequent application,

for the duration of the program.

B) Statutory Authority: Implementing and authorized by Section 65.100 of

the Higher Education Student Assistance Act [110 ILCS 947/65.100].

C) Scheduled meeting/hearing dates: At this time, ISAC has not scheduled a

hearing or a meeting specifically to solicit comments on this anticipated

rulemaking. Nonetheless, members of the public may submit views or

comments in writing to the individual identified in item F, below.

D) Date Agency anticipates First Notice: July 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Jackie Eckley

Agency Rules Coordinator

Illinois Student Assistance Commission

500 West Monroe, 3rd floor

Springfield IL 62704

217/782-5161

[email protected]

G) Related rulemakings and other pertinent information: None

c) Part (Heading and Code Citation): Public University Uniform Admission Pilot Program

(23 Ill. Adm. Code 2773)

1) Rulemaking:

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ILLINOIS REGISTER 11700

20

ILLINOIS STUDENT ASSISTANCE COMMISSION

JULY 2020 REGULATORY AGENDA

A) Description: ISAC is adding this Part in response to the creation of a new

program through PA 101-448.

B) Statutory Authority: New Act

C) Scheduled meeting/hearing dates: At this time, ISAC has not scheduled a

hearing or a meeting specifically to solicit comments on this anticipated

rulemaking. Nonetheless, members of the public may submit views or

comments in writing to the individual identified in item F, below.

D) Date Agency anticipates First Notice: July 2020

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Jackie Eckley

Agency Rules Coordinator

Illinois Student Assistance Commission

500 West Monroe, 3rd floor

Springfield IL 62704

217/782-5161

[email protected]

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11701

20

TEACHERS' RETIREMENT SYSTEM OF THE STATE OF ILLINOIS

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): The Administration and Operation of the Teachers'

Retirement System (80 Ill. Adm. Code 1650)

1) Rulemaking:

A) Description: Update rules to implement and administer new defined

contribution plan pursuant to 40 ILCS 5/16-204.

B) Statutory Authority: Implementing and authorized by Article 16 of the

Illinois Pension Code [40 ILCS 5/Art. 16].

C) Scheduled meeting/hearing dates: There is no proposed schedule of dates

for meetings/hearings at this time.

D) Date Agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not-for-profit

corporations: None

F) Agency contact person for information:

Sandy Cochran

Teachers' Retirement System

Office of Legal Counsel

P.O. Box 19253

2815 West Washington

Springfield IL 62794-9253

217/814-2041

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11702

20

DEPARTMENT OF TRANSPORTATION

JULY 2020 REGULATORY AGENDA

a) Part (Heading and Code Citation): Aviation Safety (92 Ill. Adm. Code 14)

1) Rulemaking:

A) Description: The Department will propose an update to this Part to reflect

the recent changes made to the Illinois Aeronautics Act by PA 101-538.

PA 101-538 requires airports under the jurisdiction of the Department to

fly the POW/MIA flag.

B) Statutory Authority: 620 ILCS 5

C) Scheduled meeting/hearing date: None scheduled.

D) Date Agency anticipates First Notice: Within six months.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rulemaking will affect those small municipalities that

operate an airport under the Department's jurisdiction.

F) Agency contact person for information:

Greg Stucka, Rules Manager

Illinois Department of Transportation

2300 S. Dirksen Parkway, Room 317

Springfield IL 62764

G) Related rulemakings and other pertinent information: None

b) Part (Heading and Code Citation): Port Facilities Capital Investment Grant Program (92

Ill. Adm. Code 600)

1) Rulemaking:

A) Description: PA 101-10 created the Port Facilities Capital Investment

Grant Program to make capital improvement grants available to port

districts within this State. The Department will propose a new rule to

outline the grant application process, required manner of accounting,

eligibility requirements, and restrictions on the use of the grant money.

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ILLINOIS REGISTER 11703

20

DEPARTMENT OF TRANSPORTATION

JULY 2020 REGULATORY AGENDA

B) Statutory Authority: 20 ILCS 2705/2705-285

C) Scheduled meeting/hearing date: None scheduled.

D) Date Agency anticipates First Notice: Within six months.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rulemaking will affect those small businesses, small

municipalities and not-for-profit corporations that apply for grants under

this program.

F) Agency contact person for information:

Greg Stucka, Rules Manager

Illinois Department of Transportation

2300 S. Dirksen Parkway, Room 317

Springfield IL 62764

G) Related rulemakings and other pertinent information: None

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ILLINOIS REGISTER 11704

20

EXECUTIVE ORDERS

2020-43

EXECUTIVE ORDER 2020-43

(COVID-19 EXECUTIVE ORDER NO. 41)

Community Revitalization Order

WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused

extraordinary sickness and loss of life, infecting over 140,000 and growing, and taking the lives

of thousands of residents; and,

WHEREAS, at all times but especially during a public health crisis, protecting the health and

safety of Illinoisans is among the most important functions of State government; and,

WHEREAS, as Illinois enters the fifth month of responding to the public health disaster caused

by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads

rapidly through respiratory transmissions and that continues to be without an effective treatment

or vaccine, the burden on residents, healthcare providers, first responders, and governments

throughout the State is unprecedented; and,

WHEREAS, as circumstances surrounding COVID-19 rapidly evolve and new evidence

emerges, there have been frequent changes in information and public health guidance; and,

WHEREAS, although the CDC initially recommended against wearing cloth face coverings or

masks as protection, as a result of research on asymptomatic and pre-symptomatic transmission,

the CDC revised its conclusions and recommends wearing cloth face coverings in public settings

where social distancing measures are difficult to maintain; and,

WHEREAS, public health research and guidance increasingly supports wearing cloth face

coverings in public settings where social distancing measures are difficult to maintain, and

indicates that the risk of transmission outdoors is less than the risk of transmission indoors; and,

WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster

Proclamations, the circumstances causing a disaster throughout the State have changed and

continue to change, making definitive predictions of the course the virus will take over the

coming months extremely difficult; and,

WHEREAS, as of today, June 26, 2020, there have been over 140,000 confirmed cases of

COVID-19 in 101 Illinois counties; and,

WHEREAS, as of today, June 26, 2020, more than 6,800 residents of Illinois have died due to

COVID-19; and,

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ILLINOIS REGISTER 11705

20

EXECUTIVE ORDERS

WHEREAS, the CDC now estimates that for every reported case of COVID-19, there are 10

unreported infections, resulting in a number of total cases in the country that may be 10 times

higher than currently reported; and,

WHEREAS, social distancing, face coverings, and other public health precautions have proven

to be critical in slowing and stopping the spread of COVID-19; and,

WHEREAS, although the number of new COVID-19 cases has decreased in recent weeks, the

virus continues to infect thousands of individuals and claim the lives of too many Illinoisans

each day; and,

WHEREAS, while the precautions taken by Illinoisans have led to a steep decline in the number

of COVID-19 cases and deaths in the State in recent weeks, other states that have resisted taking

public health precautions or that lifted those precautions earlier are now experiencing

exponential growth and record high numbers of cases; and,

WHEREAS, COVID-19 has claimed the lives of and continues to impact the health of Black

and Hispanic Illinoisans at a disproportionately high rate – magnifying significant health

disparities and inequities; and,

WHEREAS, while hospitalizations have declined, Illinois is using a significant percentage of

hospital beds and ICU beds, and, if COVID-19 cases were to surge, the State could face a

shortage of critical health care resources; and,

WHEREAS, in addition to causing the tragic loss of more than 6,800 Illinoisans and wreaking

havoc on the physical health of tens of thousands more, COVID-19 has caused extensive

economic loss and continues to threaten the financial welfare of a significant number of

individuals and businesses across the nation and the State; and,

WHEREAS, the Illinois Department of Employment Security announced that the State's

unemployment rate rose to 16.4% in April, with 762,000 jobs lost during that month; and,

WHEREAS, the Illinois Department of Employment Security announced that the State's

unemployment rate was 15.2% in May, and that major Illinois industries such as leisure and

hospitality, transportation and utilities, and educational and health services had been particularly

hard-hit during the March to May period; and,

WHEREAS, the Illinois Department of Employment Security is responding to the economic

crisis in a number of ways, including through the Pandemic Unemployment Assistance program;

and,

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ILLINOIS REGISTER 11706

20

EXECUTIVE ORDERS

WHEREAS, the Department of Commerce and Economic Opportunity is working to address the

economic crisis, including through assistance programs such as the Business Interruption Grants

Program for businesses that experienced a limited ability to operate due to COVID-19 related

closures; and,

WHEREAS, the economic loss and insecurity caused by COVID-19 threatens the viability of

business and the access to housing, medical care, food, and other critical resources that directly

impact the health and safety of residents; and,

WHEREAS, based on the foregoing facts, and considering the expected continuing spread of

COVID-19 and the ongoing health and economic impacts that will be felt over the coming month

by people across the State, I declared that the current circumstances in Illinois surrounding the

spread of COVID-19 constitute an epidemic emergency and a public health emergency under

Section 4 of the Illinois Emergency Management Agency Act; and,

WHEREAS, based on the foregoing, I declared that the continuing burden on hospital

resources, the potential shortages of these resources in the event of a surge in infections, and the

critical need to increase the purchase and distribution of PPE as well as to expand COVID-19

testing capacity constitute a public health emergency under Section 4 of the Illinois Emergency

Management Agency Act;

THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to

the Illinois Constitution and Sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Illinois

Emergency Management Agency Act, 20 ILCS 3305, and consistent with the powers in public

health laws, I hereby order the following, effective immediately:

Community Revitalization Order

1. Intent of this Executive Order. The intent of this Executive Order is to safely and

conscientiously resume and expand activities that were paused or limited as COVID-19

cases rose exponentially and threatened to overwhelm our healthcare system. As

Illinoisans safely resume and expand these activities, we must not backslide on the

progress we have made. We cannot risk overwhelming our healthcare system, and we

must prioritize the health and lives of all Illinoisans, especially the most vulnerable

among us. While protecting our communities, we will restore our economy and begin to

repair the economic damage that the virus has caused. The intent of this Executive Order

is to effectuate those goals.

This Executive Order supersedes Executive Order 2020-38.

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ILLINOIS REGISTER 11707

20

EXECUTIVE ORDERS

2. Public health requirements for individuals. Individuals must take the following public

health steps to protect their own and their neighbors' health and lives:

a. Practice social distancing. To the extent individuals are using shared spaces

when outside their residence, including when outdoors, they must at all times and

as much as reasonably possible maintain social distancing of at least six feet from

any other person who does not live with them.

b. Wear a face covering in public places or when working. Any individual who

is over age two and able to medically tolerate a face covering (a mask or cloth

face covering) shall be required to cover their nose and mouth with a face

covering when in a public place and unable to maintain a six-foot social distance.

This requirement applies whether in an indoor space, such as a store, or in a

public outdoor space where maintaining a six-foot social distance is not always

possible.

c. Elderly people and those who are vulnerable as a result of illness should take

additional precautions. People at high risk of severe illness from COVID-19,

including elderly people and those with a health condition that may make them

vulnerable, are urged to stay in their residence and minimize in-person contact

with others to the extent possible.

d. Limit gatherings. Any gathering of more than fifty people is prohibited unless

exempted by this Executive Order. Nothing in this Executive Order prohibits the

gathering of members of a household or residence. Because in-person contact

presents the greatest risk of transmission of COVID-19, Illinoisans are

encouraged to continue limiting in-person contact with others and to expand their

social contact cautiously. Gathering remotely continues to be the safest way to

interact with those outside a household or residence.

e. Go outdoors. Public health guidance suggests that the risks of transmission of

COVID-19 are greatly reduced outdoors as opposed to indoors. Where possible,

Illinoisans are encouraged to conduct their activities outdoors.

3. Public health requirements for businesses, nonprofits, and other organizations. For

the purposes of this Executive Order, covered businesses include any for-profit, non-

profit, or educational entity, regardless of the nature of the service, the function it

performs, or its corporate or entity structure. Those entities must take the following

public health measures to protect their employees, their customers, and all others who

come into physical contact with their operations:

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ILLINOIS REGISTER 11708

20

EXECUTIVE ORDERS

a. Requirements for all businesses. All businesses must:

• continue to evaluate which employees are able to work from home, and

are encouraged to facilitate remote work from home when possible;

• ensure that employees practice social distancing and wear face coverings

when social distancing is not always possible;

• ensure that all spaces where employees may gather, including locker

rooms and lunchrooms, allow for social distancing; and

• ensure that all visitors (customers, vendors, etc.) to the workplace can

practice social distancing; but if maintaining a six-foot social distance will

not be possible at all times, encourage visitors to wear face coverings; and

• prominently post the guidance from the Illinois Department of Public

Health (IDPH) and Office of the Illinois Attorney General regarding

workplace safety during the COVID-19 emergency.

The Department of Commerce and Economic Opportunity (DCEO), in

partnership with IDPH, has developed industry-specific guidance and toolkits to

help businesses operate safely and responsibly. These documents are available at:

https://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/.

b. Requirements for retail stores. Retail stores must ensure all employees practice

social distancing and must take appropriate additional public health precautions,

in accordance with DCEO guidance, which include:

• provide face coverings to all employees who are not able to maintain a

minimum six-foot social distance from customers and other employees at

all times;

• cap occupancy at 50 percent of store capacity, or, alternatively, at the

occupancy limits based on store square footage set by the Department of

Commerce and Economic Opportunity;

• communicate with customers through in-store signage, and public service

announcements and advertisements, about the social distancing and face

covering requirements set forth in this Order; and

• discontinue use of reusable bags.

c. Requirements for manufacturers. Manufacturers must ensure all employees

practice social distancing and must take appropriate additional public health

precautions, in accordance with DCEO guidance, which include:

• provide face coverings to all employees who are not able to maintain a

minimum six-foot social distance at all times;

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• ensure that all spaces where employees may gather, including locker

rooms and lunchrooms, allow for social distancing; and

• modify and downsize operations (staggering shifts, reducing line speeds,

operating only essential lines, while shutting down non-essential lines) to

the extent necessary to allow for social distancing and to provide a safe

workplace in response to the COVID-19 emergency.

d. Requirements for office buildings. Employers in office buildings must ensure

all employees practice social distancing and must take appropriate additional

public health precautions, in accordance with DCEO guidance, which may

include:

• provide face coverings to all employees who are not able to maintain a

minimum six-foot social distance at all times;

• consider implementing capacity limits where the physical space does not

allow for social distancing;

• allow telework where possible; and

• develop and prominently post plans and signage to ensure social

distancing in shared spaces such as waiting rooms, service counters, and

cafeterias.

e. Requirements for meetings and events. Indoor venues and meeting spaces can

operate with the lesser of fifty attendees or fifty percent of room capacity, and in

accordance with DCEO guidance.

f. Requirements for restaurants and bars. All businesses that offer food or

beverages for on-premises consumption—including restaurants, bars, grocery

stores, and food halls—may resume service for on-premises consumption, as

permitted by DCEO guidance. Such businesses continue to be permitted and

encouraged to serve food and beverages so that they may be consumed off-

premises, as permitted by law, through means such as in-house delivery, third-

party delivery, drive-through, and curbside pick-up. Establishments offering food

or beverages for on-premises consumption or for carry-out must ensure that they

have an environment where patrons maintain adequate social distancing. All

businesses covered in this section may permit outdoor on-premises food and

beverage consumption in accordance with DCEO guidance and when permitted

by local ordinances and regulations.

g. Requirements for fitness and exercise gyms. Fitness and exercise gyms may be

open in a manner consistent with DCEO guidance, which involves operating for

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member workouts at a maximum of 50 percent capacity and with social distancing

and other precautions.

h. Requirements for personal services facilities. Personal services facilities such

as spas, hair salons, barber shops, nail salons, waxing centers, tattoo parlors, and

similar facilities may be open but must ensure the use of face coverings,

adherence to social distancing requirements, and use of capacity limits in

accordance with DCEO guidance.

i. Requirements for outdoor recreation, youth day camps, and youth sports.

Businesses offering outdoor recreation, youth day camps, and youth sports may

be open but must ensure the use of face coverings, adherence to social distancing

requirements, and must take other public health steps in accordance with DCEO

guidance.

j. Requirements for places of public amusement. Places of public amusement

may resume services consistent with DCEO guidance for indoor and outdoor

recreation (including but not limited to arcades, bowling alleys, and driving

ranges), museums and aquariums, zoos and botanical gardens, theaters and

performing arts, and outdoor seated spectator events.

k. Requirements for film production. Film production may operate with

restrictions contained in DCEO guidance.

l. Minimum basic operations. All businesses may continue to:

i. Perform necessary activities to maintain the value of the business's

inventory, preserve the condition of the business's physical plant and

equipment, ensure security, process payroll and employee benefits, or for

related functions.

ii. Perform necessary activities to facilitate employees of the business being

able to continue to work remotely.

iii. Fulfill online and telephonic retail orders through pick-up or delivery.

4. Exemptions.

a. Free exercise of religion. This Executive Order does not limit the free exercise

of religion. To protect the health and safety of faith leaders, staff, congregants

and visitors, religious organizations and houses of worship are encouraged to

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EXECUTIVE ORDERS

consult and follow the recommended practices and guidelines from the Illinois

Department of Public Health. As set forth in the IDPH guidelines, the safest

practices for religious organizations at this time are to provide services online, in

a drive-in format, or outdoors (and consistent with social distancing requirements

and guidance regarding wearing face coverings), and to limit indoor services to 10

people. Religious organizations are encouraged to take steps to ensure social

distancing, the use of face coverings, and implementation of other public health

measures.

b. Emergency functions. All first responders, emergency management personnel,

emergency dispatchers, court personnel, law enforcement and corrections

personnel, hazardous materials responders, child protection and child welfare

personnel, housing and shelter personnel, military, and other governmental

employees working for or to support the emergency response are exempt from

this Executive Order, but are encouraged to practice social distancing and take

recommended public health measures.

c. Governmental functions. This Executive Order does not apply to the United

States government and does not affect services provided by the State or any

municipal, township, county, subdivision or agency of government and needed to

ensure the continuing operation of the government agencies or to provide for or

support the health, safety and welfare of the public.

5. Social Distancing, Face Covering, and PPE Requirements. For purposes of this

Executive Order, social distancing includes maintaining at least six-foot distance from

other individuals, washing hands with soap and water for at least twenty seconds as

frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve

or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands.

a. Required measures. Businesses must take proactive measures to ensure

compliance with Social Distancing Requirements, including where possible:

i. Designate six-foot distances. Designating with signage, tape, or by other

means six-foot spacing for employees and customers to maintain

appropriate distance;

ii. Hand sanitizer and sanitizing products. Having hand sanitizer and

sanitizing products readily available for employees and customers;

iii. Separate operating hours for vulnerable populations. Implementing

separate operating hours for elderly and vulnerable customers;

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EXECUTIVE ORDERS

iv. Online and remote access. Posting online whether a facility is open and

how best to reach the facility and continue services by phone or remotely;

and

v. Face Coverings and PPE. Providing employees with appropriate face

coverings and requiring that employees wear face coverings where

maintaining a six-foot social distance is not possible at all times. When

the work circumstances require, providing employees with other PPE in

addition to face coverings.

6. Enforcement. This Executive Order may be enforced by State and local law

enforcement pursuant to, inter alia, Section 7, Section 15, Section 18, and Section 19 of

the Illinois Emergency Management Agency Act, 20 ILCS 3305.

Businesses must follow guidance provided or published by the Illinois Department of

Commerce and Economic Opportunity regarding safety measures during Phase IV, and

the Illinois Department of Public Health, local public health departments, and the

Workplace Rights Bureau of the Office of the Illinois Attorney General with respect to

Social Distancing Requirements. Pursuant to Section 25(b) of the Whistleblower Act,

740 ILCS 174, businesses are prohibited from retaliating against an employee for

disclosing information where the employee has reasonable cause to believe that the

information discloses a violation of this Order.

7. No limitation on authority. Nothing in this Executive Order shall, in any way, alter or

modify any existing legal authority allowing the State or any county, or local government

body to order (1) any quarantine or isolation that may require an individual to remain

inside a particular residential property or medical facility for a limited period of time,

including the duration of this public health emergency, or (2) any closure of a specific

location for a limited period of time, including the duration of this public health

emergency. Nothing in this Executive Order shall be construed as an exercise of any

authority to order any quarantine, isolation, or closure. Nothing in this Executive Order

shall, in any way, alter or modify any existing legal authority allowing a county or local

government body to enact provisions that are stricter than those in this Executive Order.

8. Savings clause. If any provision of this Executive Order or its application to any person

or circumstance is held invalid by any court of competent jurisdiction, this invalidity does

not affect any other provision or application of this Executive Order, which can be given

effect without the invalid provision or application. To achieve this purpose, the

provisions of this Executive Order are declared to be severable. This Executive Order is

meant to be read consistently with any Court order regarding this Executive Order.

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EXECUTIVE ORDERS

Issued by the Governor June 26, 2020

Filed by the Secretary of State June 26, 2020

2020-44

EXECUTIVE ORDER 2020-44

(COVID-19 EXECUTIVE ORDER NO. 42)

WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused

extraordinary sickness and loss of life, infecting over 140,000 and growing, and taking the lives

of thousands of residents; and,

WHEREAS, at all times but especially during a public health crisis, protecting the health and

safety of Illinoisans is among the most important functions of State government; and,

WHEREAS, as Illinois enters the fifth month of responding to the public health disaster caused

by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads

rapidly through respiratory transmissions and that continues to be without an effective treatment

or vaccine, the burden on residents, healthcare providers, first responders, and governments

throughout the State is unprecedented; and,

WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster

Proclamations, the circumstances causing a disaster throughout the State have changed and

continue to change, making definitive predictions of the course the virus will take over the

coming months extremely difficult; and,

WHEREAS, in addition to causing the tragic loss of more than 6,800 Illinoisans and wreaking

havoc on the physical health of tens of thousands more, COVID-19 has caused extensive

economic loss and continues to threaten the financial welfare of a significant number of

individuals and businesses across the nation and the State; and,

WHEREAS, on June 26, 2020, due to the continuing burden on hospital resources, the expected

continuing spread of COVID-19, and the ongoing health and economic impacts that will be felt

over the coming month by people across the State, I again declared all counties in the State of

Illinois as a disaster area; and,

WHEREAS, in response to the epidemic emergency and public health emergency described

above, I find it necessary to re-issue Executive Orders 2020-03, 2020-04, 2020-07, 2020-08,

2020-09, 2020-11, 2020-12, 2020-13, 2020-15, 2020-16, 2020-17, 2020-20, 2020-21, 2020-22,

2020-23, 2020-24, 2020-25, 2020-26, 2020-27, 2020-28, 2020-29, 2020-30, 2020-31, 2020-34,

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EXECUTIVE ORDERS

2020-35, 2020-36, 2020-40, 2020-41, and 2020-42 and hereby incorporate the WHEREAS

clauses of those Executive Orders;

THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to

the Illinois Constitution and Sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Illinois

Emergency Management Agency Act, 20 ILCS 3305, and consistent with the powers in public

health laws, I hereby order the following, effective June 26, 2020:

Part 1: Re-Issue of Executive Orders.

Executive Orders 2020-03, 2020-04, 2020-07, 2020-08, 2020-09, 2020-11, 2020-12, 2020-13,

2020-15, 2020-16, 2020-17, 2020-20, 2020-21, 2020-22, 2020-23, 2020-24, 2020-25, 2020-26,

2020-27, 2020-28, 2020-29, 2020-30, 2020-31, 2020-34, 2020-35, 2020-36, 2020-40, 2020-41,

and 2020-42 hereby are re-issued by this Executive Order 2020-44 as follows:

Executive Order 2020-04 (Closure of James R. Thompson Center; waiver of sick

leave requirement for State employees):

Sections 2 and 3 of Executive Order 2020-04 are re-issued and extended through July 26,

2020.

Executive Order 2020-07 (In-person meeting requirements):

Section 6 of Executive Order 2020-07, as amended by Executive Order 2020-33 and as

further amended and revised below, is re-issued and extended through July 26, 2020.

Section 6. The provision of the Illinois Finance Authority Act that "[a]ll meetings shall be

conducted at a single location within the State with a quorum of members physically

present at this location," 20 ILCS 3501/801-25, is suspended through July 26, 2020. The

provision of the Illinois Administrative Code that a meeting of the Concealed Carry

Licensing Review Board that a requires a "quorum is in attendance at a meeting" as a

condition for when "Commissioners may attend telephonically or electronically," 20 Ill.

Admin. Code 2900.110(c), is suspended through July 26, 2020.

Public bodies, including those listed specifically above, are encouraged to ensure that at

least one member is physically present at the location of the meeting if others are

attending telephonically or electronically. Public bodies must take steps to provide video,

audio, and/or telephonic access to meetings to ensure members of the public may monitor

the meeting, and to update their websites and social media feeds to keep the public fully

apprised of any modifications to their meeting schedules or the format of their meetings

due to COVID-19, as well their activities relating to COVID-19.

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EXECUTIVE ORDERS

Executive Order 2020-08 (Secretary of State operations):

Sections 3 and 4 of Executive Order 2020-08, as amended by Executive Order 2020-39,

are re-issued and extended through July 26, 2020.

Executive Order 2020-08 is further amended and revised as follows:

Section 5: During the duration of and for no more than thirty days following the

termination of the Gubernatorial Disaster Proclamations, the requirements setting forth

the time periods in which the Secretary must conduct hearings and issue final orders

pursuant to Sections 2-118, 2-118.1 and 2-118.2 of the Illinois Vehicle Code are

suspended.

Executive Order 2020-09 (Telehealth):

Executive Order 2020-09 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-11 (Revisions to prior Executive Orders; Department of

Corrections notification period):

Section 4 of Executive Order 2020-11 is re-issued and extended through July 26, 2020.

Executive Order 2020-12 (Health care worker background checks; Department of

Juvenile Justice notification period; Coal Mining Act):

Sections 1, 2, and 3 of Executive Order 2020-12 are re-issued in its entirety and extended

through July 26, 2020.

Executive Order 2020-13 (Suspending Illinois Department of Corrections

admissions from county jails):

Executive Order 2020-13 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-15 (Suspending provisions of the Illinois School Code):

Sections 5, 6, 7, 8, and 9 of Executive Order 2020-15 are re-issued and extended through

July 26, 2020.

Executive Order 2020-16 (Repossession of vehicles; suspension of classroom training

requirement for security services):

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EXECUTIVE ORDERS

Executive Order 2020-16 is re-issued in its entirety and extended through July 26, 2020.

Executive Orders 2020-03 and 2020-17 (Cannabis deadlines and applications):

Executive Orders 2020-03 and 2020-17, as modified by Executive Order 2020-18, are re-

issued and shall remain in effect as specified by Executive Order 2020-18.

Executive Order 2020-20 (Public assistance requirements):

Executive Order 2020-20 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-21 (Furlough of Illinois Department of Corrections inmates):

Executive Order 2020-21 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-22 (Township meetings; Funeral Directors and Embalmers

Licensing Code; placements under the Child Care Act of 1969; fingerprint

submissions under Health Care Worker Background Check Act):

Sections 2, 3, 4, 5 and the Savings Clause of Executive Order 2020-22 are re-issued and

extended through July 26, 2020.

Executive Order 2020-23 (Actions by the Illinois Department of Financial and

Professional Regulation for licensed professionals engaged in disaster response):

Executive Order 2020-23 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-24 (Illinois Department of Human Services Forensic

Treatment Program; investigations of Illinois Department of Human Services

employees):

Executive Order 2020-24 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-25 (Garnishment and wage deductions):

Executive Order 2020-25 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-26 (Hospital capacity):

Executive Order 2020-26 is re-issued in its entirety and extended through July 26, 2020.

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EXECUTIVE ORDERS

Executive Order 2020-27 (Cadavers testing positive for COVID-19):

Executive Order 2020-27 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-28 (Industrial radiography certifications):

Executive Order 2020-28 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-29 (In-person education or exams for professional insurance

licenses):

Executive Order 2020-29 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-30 (Filing of residential eviction actions; enforcement of non-

residential eviction orders; expired consular identification documents; electronic

filings for the Illinois Human Rights Commission):

Executive Order 2020-30, as amended by Executive Order 2020-33, is re-issued in its

entirety and extended through July 26, 2020.

Executive Order 2020-31 (Educator licensure and student graduation

requirements):

Executive Order 2020-31 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-34 (Cannabis requirements):

Executive Order 2020-34 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-35 (IDPH regulatory activities):

Executive Order 2020-35 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-36 (Marriage licenses):

Executive Order 2020-36 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-40 (Resumption of limited in-person instruction at schools):

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EXECUTIVE ORDERS

Executive Order 2020-40, as amended below, is re-issued in its entirety and extended

through July 26, 2020.

Section 1. All public and nonpublic schools in Illinois serving pre-kindergarten through

12th grade students may open for in-person educational purposes, such as summer

school, following the completion of the regular 2019-2020 school term. All public and

nonpublic schools may continue to provide food and other non-educational services.

Schools must follow IDPH guidance during Phase 4 and take proactive measures to

ensure the safety of students, staff, and visitors, including, but not limited to:

a. Limiting the number of people in one space to fifty or fewer, consistent with

public health guidance.

b. Ensuring compliance with social distancing requirements to the greatest extent

possible. For purposes of this Executive Order, social distancing includes

maintaining at least six-foot distance from other individuals and discouraging

physical contact between individuals.

c. Ensuring appropriate hygienic practices, including washing hands with soap and

water for at least twenty seconds as frequently as possible or using hand sanitizer,

covering coughs or sneezes (into the sleeve or elbow, not hands), discouraging the

sharing of personal items, and regularly cleaning high-touch surfaces.

d. Requiring the use of appropriate personal protective equipment, including the use

of face coverings by students, staff, and visitors who are over age two and able to

medically tolerate a face covering. Schools must provide face coverings to all

employees who are not able to maintain a minimum six-foot social distance at all

times and, to the extent possible, make disposable face coverings available for all

students.

Executive Order 2020-41 (Sports wagering):

Executive Order 2020-41 is re-issued in its entirety and extended through July 26, 2020.

Executive Order 2020-42 (State Fairs):

Executive Order 2020-42 is re-issued in its entirety and extended through July 26, 2020.

Part 2: Savings Clause. If any provision of this Executive Order or its application to any person

or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not

affect any other provision or application of this Executive Order, which can be given effect

without the invalid provision or application. To achieve this purpose, the provisions of this

Executive Order are declared to be severable.

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EXECUTIVE ORDERS

Issued by the Governor June 26, 2020

Filed by the Secretary of State June 26, 2020

2020-45

EXECUTIVE ORDER IN RESPONSE TO COVID-19

(COVID-19 EXECUTIVE ORDER NO. 43)

WHEREAS, Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness,

has rapidly spread throughout Illinois in a short period of time, necessitating stringent guidance

from federal, state, and local public health officials and significant measures to respond to the

increasing public health disaster; and,

WHEREAS, COVID-19 can spread among people through respiratory transmissions,

asymptomatic people can transmit the virus, and there is currently no effective treatment or

vaccine; and,

WHEREAS, on March 9, 2020, I, JB Pritzker, Governor of Illinois, declared all counties in the

State of Illinois as a disaster area in response to the outbreak of COVID-19; and,

WHEREAS, on April 1, 2020, I declared all counties in the State of Illinois as a disaster area

due to the exponential spread of COVID-19; and,

WHEREAS, on April 30, 2020, due to the expected continuing spread of COVID-19 and the

resulting health impacts across the State, as well as the need to prevent potential shortages of

hospital beds, ICU beds, ventilators, personal protective equipment and materials for testing for

the virus, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on May 29, 2020, due to the thousands of lives lost to COVID-19 in Illinois, the

continued increase of cases, the continued threat of shortages of hospital beds, ER beds, and

ventilators, the improved but still insufficient testing capacity, and the financial destruction

caused by the virus, I again declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on June 26, 2020, due to the ongoing burden on hospital resources, the expected

continuing spread of COVID-19, and the ongoing health and economic impacts that will be felt

over the coming month by people across the State, I again declared all counties in the State of

Illinois as a disaster area (together with the previous proclamations identified in this Executive

Order, the Gubernatorial Disaster Proclamations); and,

WHEREAS, the Cannabis Regulation and Tax Act, 410 ILCS 705, and implementing

regulations, Title 8, Section 1300 of the Illinois Administrative Code, require the Illinois

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EXECUTIVE ORDERS

Department of Agriculture (IDOA) to issue up to 40 Craft Grower Licenses, 410 ILCS 705/30-

5(a), up to 40 Infuser Licenses, 410 ILCS 705/35-5(a), and an unlimited number of Transporting

Organization Licenses, 410 ILCS 705/40-5(a), by July 1, 2020; and,

WHEREAS, pursuant to Executive Order 2020-03 and Executive Order 2020-17, the

application submission deadlines in the Cannabis Regulation and Tax Act and implementing

regulations for submitting Craft Grower, Infuser, and Transporting Organization License

applications by March 16, 2020, were suspended until April 30, 2020; and,

WHEREAS, the COVID-19 outbreak and the suspension of the application deadlines have

created delays in IDOA's application review process and have impacted IDOA's ability to issue

the Craft Grower, Infuser, and Transporting Organization Licenses by July 1, 2020; and,

WHEREAS, the Cannabis Regulation and Tax Act, 410 ILCS 705/20-30(m), prohibits

cultivation centers from transporting cannabis to a craft grower, dispensing organization, infuser

organization, or laboratory licensed under the Act without obtaining a Transporting Organization

License beginning July 1, 2020; and,

WHEREAS, the Cannabis Regulation and Tax Act, 410 ILCS 705/25-5(a), requires IDOA, in

coordination with the Illinois Community College Board, to establish a Community College

Cannabis Vocational Pilot Program, and requires community colleges to submit applications to

IDOA for the Community College Cannabis Vocational Pilot Program no later than July 1, 2020,

410 ILCS 705/25-10(a); and,

WHEREAS, the ability of community colleges to complete and submit applications to IDOA by

July 1, 2020, may have been impacted by the COVID-19 outbreak and the measures that the

State has enacted to address the COVID-19 outbreak;

THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to

Sections 7(1) and 7(12) of the Illinois Emergency Management Agency Act, 20 ILCS 3305, I

hereby order the following:

Section 1. During the duration of the Gubernatorial Disaster Proclamations, or until IDOA

otherwise announces a new date no later than the termination of the Gubernatorial Disaster

Proclamations, the following provisions of the Cannabis Regulation and Tax Act, 410 ILCS 705,

and the implementing regulations, are hereby suspended as follows:

The requirement pursuant to 410 ILCS 705/30-5(a) that IDOA issue up to 40 Craft Grower

Licenses by July 1, 2020, is suspended. IDOA shall provide notice to the public of the date such

licenses will be issued;

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EXECUTIVE ORDERS

The requirement pursuant to 410 ILCS 705/35-5(a) that IDOA issue up to 40 Infuser Licenses by

July 1, 2020, is suspended. IDOA shall provide notice to the public of the date such licenses will

be issued; and,

The requirement pursuant to 410 ILCS 705/40-5(a) that IDOA issue Transporting Organization

Licenses no later than July 1, 2020, is suspended. IDOA shall provide notice to the public of the

date such licenses will be issued.

Section 2. During the duration of the Gubernatorial Disaster Proclamations, or until IDOA

issues Transporting Organization Licenses pursuant to 410 ILCS 705/40-5(a), whichever is

sooner, the requirement pursuant to 410 ILCS 705/20-30(m) and 8 Ill. Adm. Code 1300.195, that

beginning July 1, 2020, a cultivation center shall not transport cannabis or cannabis-infused

products to a craft grower, dispensing organization, infuser organization, or laboratory licensed

under this Act, unless it has obtained a Transporting Organization License, is suspended.

Section 3. The July 1, 2020, deadline for submission of Community College Cannabis

Vocational Pilot Program applications pursuant to 410 ILCS 705/25-10(a), and 8 Ill. Adm. Code

1300.202(a), is suspended until September 1, 2020, or until the termination of the Gubernatorial

Disaster Proclamations, whichever is sooner.

Section 4. If any provision of this Executive Order or its application to any person or

circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect

any other provision or application of this Executive Order, which can be given effect without the

invalid provision or application. To achieve this purpose, the provisions of this Executive Order

are declared to be severable.

Issued by the Governor June 29, 2020

Filed by the Secretary of State June 29, 2020

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PROCLAMATIONS

2020-53

Pride Month

WHEREAS, on June 28, 1969, the police raided the Stonewall Inn, a gay bar in Greenwich

Village, New York City, spurring six days of protests, led by transgender women of color like

Marsha P. Johnson and Sylvia Rivera, against police brutality and government-sanctioned

discrimination of lesbian, gay, bisexual, transgender, and queer individuals; and,

WHEREAS, June is annually celebrated as Pride Month to commemorate the Stonewall

Uprising, considered the catalyst of the modern LGBTQ+ rights movement, and to recognize the

contributions that LGBTQ+ individuals have made to our society; and,

WHEREAS, this year's Pride Month comes at a particularly complex moment in the LGBTQ+

rights movement – at the same time as we celebrate the United States Supreme Court's historic

ruling that helps protect LGBTQ+ workers across the nation from discrimination, hundreds of

thousands of Americans, including many Black and LGBTQ+ people of color, are taking to the

street to renew the struggle against police brutality, white supremacist vigilantism, and

transphobia following the murders of Selena Reyes-Hernandez, Riah Milton, Dominique

"Rem'mie" Fells, George Floyd, Breonna Taylor, Ahmaud Arbery, and too many others who

have violently had their lives cut short; and,

WHEREAS, from day one, my administration has sought to protect LGBTQ+ individuals,

including expanding HIV preventative care and treatment, funding gender-affirming surgeries,

ensuring inclusive classrooms in which LGBTQ+ students are able to thrive and to see

themselves reflected in the curriculum; and,

WHEREAS, Illinois is committed to becoming a national leader in equality and inclusion where

people are not just tolerated but empowered to thrive, regardless of their sexual orientation or

gender identity;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim June 2020

as Pride Month and urge all Illinoisans to reflect upon our history and envision our future and

reaffirm our commitment to building a just and equitable society.

Issued by the Governor June 23, 2020

Filed by the Secretary of State June 23, 2020

2020-54

Gubernatorial Disaster Proclamation

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PROCLAMATIONS

WHEREAS, the City of DePue, in Bureau County, suffered significant and extensive damage as

a result of a thunderstorms during the late afternoon and early evening hours of May 28, 2020;

and

WHEREAS, due to the thunderstorms, the City of DePue saw approximately 3.00 inches of rain

in 50 minutes which caused high impact flash flooding that persisted for approximately 2 hours

and inflicted substantial damage to residences and public infrastructure in the community; and

WHEREAS, the City of DePue and its residents continue to struggle to repair the damages and

recover from the flash flooding incident; and

WHEREAS, based on reports received by the Illinois Emergency Management Agency, local

resources and capabilities have been exhausted and State resources are needed to respond to and

recover from the effects of the severe thunderstorms and flash flooding; and

WHEREAS, these conditions provide legal justification under section 7 of the Illinois

Emergency Management Act for the issuance of a proclamation of disaster.

NOW, THEREFORE, in the interest of aiding the people of Illinois and the local governments

responsible for ensuring public health and safety, I, JB Pritzker, Governor of the State of Illinois,

hereby proclaim as follows:

Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management

Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and

specifically declare Bureau County as a disaster area.

Section 2. The Illinois Emergency Management Agency is directed to continue implementing

the State Emergency Operations Plan to coordinate State resources to support local governments

in disaster response and recovery operations.

Section 3. To aid with emergency purchases necessary for response and other emergency

powers as authorized by the Illinois Emergency Management Agency Act, the provisions of the

Illinois Procurement Code that would in any way prevent, hinder or delay necessary action in

coping with the disaster are suspended to the extent they are not required by federal law.

Section 4. This proclamation can facilitate a request for Federal disaster assistance if a complete

and comprehensive assessment of damage indicates that effective recovery is beyond the

capabilities of the State and affected local governments.

Section 5. This proclamation shall be effective immediately and remain in effect for 30 days.

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PROCLAMATIONS

Issued by the Governor June 25, 2020

Filed by the Secretary of State June 25, 2020

2020-55

Gubernatorial Disaster Proclamation

WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused

extraordinary sickness and loss of life, infecting over 140,000 and growing, and taking the lives

of thousands of residents; and,

WHEREAS, at all times but especially during a public health crisis, protecting the health and

safety of Illinoisans is among the most important functions of State government; and,

WHEREAS, it is critical that Illinoisans who become sick are able to be treated by medical

professionals, including when a hospital bed, emergency room bed, or ventilator is needed; and,

WHEREAS, it is also critical that the State's health care and first responder workforce has

adequate personal protective equipment (PPE) to safely treat patients, respond to public health

disasters, and prevent the spread of communicable diseases; and,

WHEREAS, as Illinois enters the fifth month of responding to the public health disaster caused

by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads

rapidly through respiratory transmissions and that continues to be without an effective treatment

or vaccine, the burden on residents, healthcare providers, first responders, and governments

throughout the State is unprecedented; and,

WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of

International Concern on January 30, 2020, and the United States Secretary of Health and

Human Services declared that COVID-19 presents a public health emergency on January 27,

2020; and,

WHEREAS, on March 11, 2020, the World Health Organization characterized the COVID-19

outbreak as a pandemic, and has now reported more than 9 million confirmed cases of COVID-

19 and 475,000 deaths attributable to COVID-19 globally; and,

WHEREAS, despite efforts to contain COVID-19, the World Health Organization and the

federal Centers for Disease Control and Prevention (CDC) indicated that the virus was expected

to continue spreading and it has, in fact, continued to spread rapidly, resulting in the need for

federal and State governments to take significant steps; and,

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PROCLAMATIONS

WHEREAS, on March 9, 2020, I, JB Pritzker, Governor of Illinois, declared all counties in the

State of Illinois as a disaster area in response to the outbreak of COVID-19; and,

WHEREAS, on March 13, 2020, the President declared a nationwide emergency pursuant to

Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42

U.S.C. 5121-5207 (the "Stafford Act"), covering all states and territories, including Illinois; and,

WHEREAS, on March 26, 2020, the President declared a major disaster in Illinois pursuant to

Section 401 of the Stafford Act; and,

WHEREAS, on April 1, 2020, due to the exponential spread of COVID-19 in Illinois, I declared

all counties in the State of Illinois as a disaster area; and,

WHEREAS, on April 30, 2020, due to the continued spread of COVID-19 in Illinois, the

threatened shortages of hospital beds, ER beds, and ventilators, and the inadequate testing

capacity, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on May 29, 2020, due to the continued spread of COVID-19 in Illinois, and the

resulting health and economic impacts of the virus, and the need to increase testing capacity, I

declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, as circumstances surrounding COVID-19 rapidly evolve and new evidence

emerges, there have been frequent changes in information and public health guidance; and,

WHEREAS, the unprecedented nature of COVID-19, including the health consequences it has

on not just the respiratory system but the heart, brain, kidneys, and the body's immune response,

has made the virus's effects and its path difficult to predict; and,

WHEREAS, from the outset, data suggested that older adults and those with serious underlying

health conditions are more likely to experience severe and sometimes fatal complications from

COVID-19; and,

WHEREAS, emerging evidence has shown that young people, including infants and toddlers,

are also at risk of such complications; and,

WHEREAS, young and middle-aged people have comprised a significant proportion of

hospitalized COVID-19 patients, and there is evidence that COVID-19 causes blood clots and

strokes, and has caused deadly strokes in young and middle-aged people who exhibited few

symptoms; and,

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PROCLAMATIONS

WHEREAS, the understanding of spread from infected individuals who have not shown

symptoms has changed and, on April 12, 2020, the CDC changed the period of exposure risk

from "onset of symptoms" to "48 hours before symptom onset"; and,

WHEREAS, some people infected by the virus remain asymptomatic but nonetheless may

spread it to others; and,

WHEREAS, although the CDC initially recommended against wearing cloth face coverings or

masks as protection, as a result of research on asymptomatic and pre-symptomatic transmission,

the CDC revised its conclusions and recommends wearing cloth face coverings in public settings

where social distancing measures are difficult to maintain; and,

WHEREAS, public health research and guidance increasingly supports wearing cloth face

coverings in public settings where social distancing measures are difficult to maintain, and

indicates that the risk of transmission outdoors is less than the risk of transmission indoors; and,

WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster

Proclamations, the circumstances causing a disaster throughout the State have changed and

continue to change, making definitive predictions of the course the virus will take over the

coming months extremely difficult; and,

WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, there were 11

confirmed cases of COVID-19 in one Illinois county; and,

WHEREAS, as of today, June 26, 2020, there have been over 140,000 confirmed cases of

COVID-19 in 101 Illinois counties; and,

WHEREAS, the first death attributed to COVID-19 in Illinois was announced on March 17,

2020; and,

WHEREAS, as of today, June 26, 2020, more than 6,800 residents of Illinois have died due to

COVID-19; and,

WHEREAS, from the outset, studies have suggested that for every confirmed case there are

many more unknown cases, some of which are asymptomatic individuals who can pass the virus

to others without knowing; and,

WHEREAS, the CDC now estimates that for every reported case of COVID-19, there are 10

unreported infections, resulting in a number of total cases in the country that may be 10 times

higher than currently reported; and,

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ILLINOIS REGISTER 11727

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PROCLAMATIONS

WHEREAS, although the number of new COVID-19 cases has decreased in recent weeks, the

virus continues to infect thousands of individuals and claim the lives of too many Illinoisans

each day; and,

WHEREAS, while the precautions taken by Illinoisans have led to a steep decline in the number

of COVID-19 cases and deaths in the State in recent weeks, other states that have resisted taking

public health precautions or that lifted those precautions earlier are now experiencing

exponential growth and record high numbers of cases; and,

WHEREAS, on June 25, 2020, the U.S. reported more than 40,000 new COVID-19 cases, a

record number; and,

WHEREAS, public health experts have warned of a "second wave" of COVID-19 cases; and,

WHEREAS, COVID-19 has claimed the lives of and continues to impact the health of Black

and Hispanic Illinoisans at a disproportionately high rate – magnifying significant health

disparities and inequities; and,

WHEREAS, the Illinois Department of Public Health activated its Illinois Emergency

Operations Plan and its Emergency Support Function 8 Plan to coordinate emergency response

efforts by hospitals, local health departments, and emergency management systems in order to

avoid a surge in the use of hospital resources and capacity; and,

WHEREAS, as the virus has progressed through Illinois, the crisis facing the State continues to

develop and requires an evolving response to ensure hospitals, health care professionals and first

responders are able to meet the health care needs of all Illinoisans and in a manner consistent

with CDC guidance that continues to be updated; and,

WHEREAS, in order to ensure that health care professionals, first responders, hospitals and

other facilities are able to meet the health care needs of all residents of Illinois, the State must

have critical supplies, including PPE, such as masks, face shields, gowns, and gloves; and,

WHEREAS, the State of Illinois maintains a stockpile that supports the existing PPE supply

chains and stocks at various healthcare facilities; and,

WHEREAS, while the State continues to make every effort to procure PPE, if those

procurement efforts are disrupted or Illinois experiences a surge in COVID-19 cases, the State

faces a life-threatening shortage of respirators, masks, protective eyewear, face shields, gloves,

gowns, and other protective equipment for health care workers and first responders; and,

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ILLINOIS REGISTER 11728

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PROCLAMATIONS

WHEREAS, while hospitalizations have declined, Illinois is using a significant percentage of

hospital beds and ICU beds, and, if COVID-19 cases were to surge, the State could face a

shortage of critical health care resources; and,

WHEREAS, the State worked with top researchers from the University of Illinois at Urbana-

Champaign, the Northwestern School of Medicine, the University of Chicago, the Chicago and

Illinois Departments of Public Health, along with McKinsey and Mier Consulting Group, and

Civis Analytics, to analyze daily data on COVID-19 deaths and ICU usage and model potential

outcomes; and,

WHEREAS, the State's modeling shows the tail of the COVID-19 epi curve extending several

more weeks; and,

WHEREAS, the State's modeling continues to show that without extensive social distancing and

other precautions, the State will face a shortage of hospital beds, ICU beds and/or ventilators;

and,

WHEREAS, over the course of the COVID-19 crisis, the State has been constrained in the

number of COVID-19 tests that can be taken and processed due to a limited number of testing

sites and labs, as well as a shortage of necessary supplies, including the swabs needed to take

samples; and,

WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, Illinois had

capacity to test no more than a few hundred people per day for COVID-19 at a small number of

testing sites; and,

WHEREAS, the State has developed testing sites throughout Illinois and yesterday exceeded

30,000 tests in a single day, and testing capacity continues to increase; and,

WHEREAS, Illinois now has tested nearly 1.5 million total specimens for COVID-19; and,

WHEREAS, national projections adjusted for Illinois' population suggest the State must

continue to increase the number of tests processed per day as part of an effective effort to

permanently slow and reduce the spread of COVID-19; and,

WHEREAS, in addition to causing the tragic loss of more than 6,800 Illinoisans and wreaking

havoc on the physical health of tens of thousands more, COVID-19 has caused extensive

economic loss and continues to threaten the financial welfare of a significant number of

individuals and businesses across the nation and the State; and,

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ILLINOIS REGISTER 11729

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PROCLAMATIONS

WHEREAS, nationwide, more than 47 million people have filed unemployment claims since the

start of the pandemic – representing more than one in four U.S. workers; and,

WHEREAS, the Illinois Department of Employment Security announced that the State's

unemployment rate rose to 16.4% in April, with 762,000 jobs lost during that month; and,

WHEREAS, the Illinois Department of Employment Security announced that the State's

unemployment rate was 15.2% in May, and that major Illinois industries such as leisure and

hospitality, transportation and utilities, and educational and health services had been particularly

hard-hit during the March to May period; and,

WHEREAS, the Illinois Department of Employment Security is responding to the economic

crisis in a number of ways, including through the Pandemic Unemployment Assistance program;

and,

WHEREAS, over 180,000 small businesses in Illinois received over $22 billion in COVID-19

related financial support through the federal Paycheck Protection Program in an effort to prevent

these businesses from closing; and,

WHEREAS, the Department of Commerce and Economic Opportunity is working to address the

economic crisis, including through assistance programs such as the Business Interruption Grants

Program for businesses that experienced a limited ability to operate due to COVID-19 related

closures; and,

WHEREAS, the economic loss and insecurity caused by COVID-19 threatens the viability of

business and the access to housing, medical care, food, and other critical resources that directly

impact the health and safety of residents; and,

WHEREAS, based on the foregoing facts, and considering the expected continuing spread of

COVID-19 and the ongoing health and economic impacts that will be felt over the coming month

by people across the State, the current circumstances in Illinois surrounding the spread of

COVID-19 constitute an epidemic emergency and a public health emergency under Section 4 of

the Illinois Emergency Management Agency Act; and,

WHEREAS, based on the foregoing, the continuing burden on hospital resources, the potential

shortages of these resources in the event of a surge in infections, and the critical need to increase

the purchase and distribution of PPE as well as to expand COVID-19 testing capacity constitute

a public health emergency under Section 4 of the Illinois Emergency Management Agency Act;

and,

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ILLINOIS REGISTER 11730

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PROCLAMATIONS

WHEREAS, it is the policy of the State of Illinois to be prepared to address any disasters and,

therefore, it is necessary and appropriate to make additional State resources available to ensure

that that our healthcare delivery system is capable of serving those who are sick and that

Illinoisans remain safe and secure and able to obtain medical care; and,

WHEREAS, this proclamation will assist the State in facilitating economic recovery for

individuals and businesses in an effort to prevent further devastating consequences from the

economic instability COVID-19 has caused; and,

WHEREAS, this proclamation will assist Illinois agencies in coordinating State and Federal

resources, including materials needed to test for COVID-19, personal protective equipment, and

medicines, in an effort to support the State responses as well as the responses of local

governments to the present public health emergency; and,

WHEREAS, these conditions provide legal justification under Section 7 of the Illinois

Emergency Management Agency Act for the new issuance of a proclamation of disaster; and,

WHEREAS, the Illinois Constitution, in Article V, Section 8, provides that "the Governor shall

have the supreme executive power, and shall be responsible for the faithful execution of the

laws," and states, in the Preamble, that a central purpose of the Illinois Constitution is "provide

for the health, safety, and welfare of the people";

NOW, THEREFORE, in the interest of aiding the people of Illinois and the local governments

responsible for ensuring public health and safety, I, JB Pritzker, Governor of the State of Illinois,

hereby proclaim as follows:

Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management

Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and

specifically declare all counties in the State of Illinois as a disaster area. The proclamation

authorizes the exercise of all of the emergency powers provided in Section 7 of the Illinois

Emergency Management Agency Act, 20 ILCS 3305/7, including but not limited to those

specific emergency powers set forth below.

Section 2. The Illinois Department of Public Health and the Illinois Emergency Management

Agency are directed to coordinate with each other with respect to planning for and responding to

the present public health emergency.

Section 3. The Illinois Department of Public Health is further directed to cooperate with the

Governor, other State agencies and local authorities, including local public health authorities, in

the development and implementation of strategies and plans to protect the public health in

connection with the present public health emergency.

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ILLINOIS REGISTER 11731

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PROCLAMATIONS

Section 4. The Illinois Emergency Management Agency is directed to implement the State

Emergency Operations Plan to coordinate State resources to support local governments in

disaster response and recovery operations.

Section 5. To aid with emergency purchases necessary for response and other emergency

powers as authorized by the Illinois Emergency Management Agency Act, the provisions of the

Illinois Procurement Code that would in any way prevent, hinder or delay necessary action in

coping with the disaster are suspended to the extent they are not required by federal law. If

necessary, and in accordance with Section 7(1) of the Illinois Emergency Management Agency

Act, 20 ILCS 3305/7(1), the Governor may take appropriate executive action to suspend

additional statutes, orders, rules, and regulations.

Section 6. Pursuant to Section 7(3) of the Illinois Emergency Management Agency Act, 20

ILCS 3305/7(3), this proclamation activates the Governor's authority, as necessary, to transfer

the direction, personnel or functions of State departments and agencies or units thereof for the

purpose of performing or facilitating emergency response programs.

Section 7. The Illinois Department of Public Health, Illinois Department of Insurance and the

Illinois Department of Healthcare and Family Services are directed to recommend, and, as

appropriate, take necessary actions to ensure expanded access to testing for COVID-19 and that

consumers do not face financial barriers in accessing diagnostic testing and treatment services

for COVID-19.

Section 8. The Illinois State Board of Education is directed to recommend, and, as appropriate,

take necessary actions to address any impact to learning associated with the present public health

emergency and to alleviate any barriers to the use of remote learning during the effect of this

proclamation that exist in the Illinois School Code, 105 ILCS 5/1-1 et. seq.

Section 9. All State agencies are directed to cooperate with the Governor, other State agencies

and local authorities in the development and implementation of strategies and plans to cope with

and recover from the economic impact of the present public health emergency.

Section 10. Pursuant to Section 7(14) of the Illinois Emergency Management Agency Act, 20

ILCS 3305/7(14), increases in the selling price of goods or services, including medical supplies,

protective equipment, medications and other commodities intended to assist in the prevention of

or treatment and recovery of COVID-19, shall be prohibited in the State of Illinois while this

proclamation is in effect.

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ILLINOIS REGISTER 11732

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PROCLAMATIONS

Section 11. This proclamation can facilitate requests for federal emergency and/or disaster

assistance if a complete and comprehensive assessment of damage indicates that effective

recovery is beyond the capabilities of the State and affected local governments.

Section 12. For purposes of Senate Bill 2135 (101st General Assembly), Article 15, section 15-

5, amending the Open Meetings Act, new section 5 ILCS 120/7(e)(4), I find that the public

health concerns at issue in this proclamation render in-person attendance of more than fifty

people at the regular meeting location not feasible.

Section 13. This proclamation shall be effective immediately and remain in effect for 30 days.

Issued by the Governor June 26, 2020

Filed by the Secretary of State June 26, 2020