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Illinois Senate Bill SB3646

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3646 Compare Versions

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1-Public Act 103-0721
21 SB3646 EnrolledLRB103 39475 SPS 69670 b SB3646 Enrolled LRB103 39475 SPS 69670 b
32 SB3646 Enrolled LRB103 39475 SPS 69670 b
4-AN ACT concerning employment.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 1. Short title. This Act may be cited as the Child
8-Labor Law of 2024.
9-Section 5. Findings. The General Assembly finds that
10-minors engaged in work are deserving of enhanced workplace
11-protections. It is the intent of the General Assembly, in
12-enacting this Child Labor Law of 2024, to safeguard all
13-working minors' health, safety, welfare, and access to
14-education and the provisions of this Act shall be interpreted
15-to provide the greatest protection of a minor's well-being.
16-Section 10. Definitions. As used in this Act:
17-"Construction" means any constructing, altering,
18-reconstructing, repairing, rehabilitating, refinishing,
19-refurbishing, remodeling, remediating, renovating, custom
20-fabricating, maintenance, landscaping, improving, wrecking,
21-painting, decorating, demolishing, and adding to or
22-subtracting from any building, structure, highway, roadway,
23-street, bridge, alley, sewer, ditch, sewage disposal plant,
24-water works, parking facility, railroad, excavation or other
25-structure, project, development, real property or improvement,
3+1 AN ACT concerning employment.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 1. Short title. This Act may be cited as the Child
7+5 Labor Law of 2024.
8+6 Section 5. Findings. The General Assembly finds that
9+7 minors engaged in work are deserving of enhanced workplace
10+8 protections. It is the intent of the General Assembly, in
11+9 enacting this Child Labor Law of 2024, to safeguard all
12+10 working minors' health, safety, welfare, and access to
13+11 education and the provisions of this Act shall be interpreted
14+12 to provide the greatest protection of a minor's well-being.
15+13 Section 10. Definitions. As used in this Act:
16+14 "Construction" means any constructing, altering,
17+15 reconstructing, repairing, rehabilitating, refinishing,
18+16 refurbishing, remodeling, remediating, renovating, custom
19+17 fabricating, maintenance, landscaping, improving, wrecking,
20+18 painting, decorating, demolishing, and adding to or
21+19 subtracting from any building, structure, highway, roadway,
22+20 street, bridge, alley, sewer, ditch, sewage disposal plant,
23+21 water works, parking facility, railroad, excavation or other
24+22 structure, project, development, real property or improvement,
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32-or to do any part thereof, whether or not the performance of
33-the work herein described involves the addition to, or
34-fabrication into, any structure, project, development, real
35-property or improvement herein described of any material or
36-article of merchandise. "Construction" also includes moving
37-construction-related materials on the job site to or from the
38-job site.
39-"Department" means the Department of Labor.
40-"Director" means the Director of Labor.
41-"District superintendent of schools" means an individual
42-employed by a board of education in accordance with Section
43-10-21.4 of the School Code and the chief executive officer of a
44-school district in a city with over 500,000 inhabitants.
45-"Duly authorized agent" means an individual who has been
46-designated by a regional or district superintendent of schools
47-as his or her agent for the limited purpose of issuing
48-employment certificates to minors under the age of 16 and may
49-include officials of any public school district, charter
50-school, or any State-recognized, non-public school.
51-"Employ" means to allow, suffer, or permit to work.
52-"Employer" means a person who employs a minor to work.
53-"Family" means a group of persons related by blood or
54-marriage, including civil partnerships, or whose close
55-relationship with each other is considered equivalent to a
56-family relationship by the individuals.
57-"Minor" means any person under the age of 16.
58-
59-
60-"Online platform" means any public-facing website, web
61-application, or digital application, including a mobile
62-application. "Online platform" includes a social network,
63-advertising network, mobile operating system, search engine,
64-email service, or Internet access service.
65-"Person" means any natural person, individual,
66-corporation, business enterprise, or other legal entity,
67-either public or private, and any legal successor,
68-representative, agent, or agency of that individual,
69-corporation, business enterprise, or legal entity.
70-"Regional superintendent of schools" means the chief
71-administrative officer of an educational service region as
72-described in Section 3A-2 of the School Code.
73-"School hours" means, for a minor of compulsory school age
74-who is enrolled in a public or non-public school that is
75-registered with or recognized by the State Board of Education,
76-the hours the minor's school is in session. "School hours"
77-means, for a minor of compulsory school age who is not enrolled
78-in a public or non-public school that is registered with or
79-recognized by the State Board of Education, the hours that the
80-minor's local public school in the district where the minor
81-resides is in session.
82-"School issuing officer" means a regional or district
83-superintendent of schools, or his or her duly authorized
84-agent.
85-"Vlog" means content shared on an online platform in
86-
87-
88-exchange for compensation.
89-"Vlogger" means an individual or family that creates video
90-content, performed in Illinois, in exchange for compensation,
91-and includes any proprietorship, partnership, company, or
92-other corporate entity assuming the name or identity of a
93-particular individual or family for the purposes of that
94-content creation. "Vlogger" does not include any person under
95-the age of 16 who produces his or her own vlogs.
96-Section 15. Employment of minors.
97-(a) A person shall not employ, allow, or permit a minor to
98-work in Illinois unless that work meets the requirements of
99-this Act and any rules adopted under this Act.
100-(b) A person may employ, allow, or permit a minor 14 or 15
101-years of age to work outside of school hours, except at work
102-sites prohibited under Section 55, after being issued a
103-certificate authorizing that employment.
104-(c) A person shall not employ, allow, or permit a minor 13
105-years of age or younger to work in any occupation or at any
106-work site not explicitly authorized by or exempted from this
107-Act.
108-Section 20. Exemptions.
109-(a) Nothing in this Act applies to the work of a minor
110-engaged in agricultural pursuits, except that no minor under
111-12 years of age, except members of the farmer's own family who
112-
113-
114-live with the farmer at his principal place of residence, at
115-any time shall be employed, allowed, or permitted to work in
116-any gainful occupation in connection with agriculture, except
117-that any minor of 10 years of age or older shall be permitted
118-to work in a gainful occupation in connection with agriculture
119-during school vacations or outside of school hours.
120-(b) Nothing in this Act applies to the work of a minor
121-engaged in the sale and distribution of magazines and
122-newspapers outside of school hours.
123-(c) Nothing in this Act applies a minor's performance of
124-household chores or babysitting outside of school hours if
125-that work is performed in or about a private residence and not
126-in connection with an established business, trade, or
127-profession of the person employing, allowing, or permitting
128-the minor to perform the activities.
129-(d) Nothing in this Act applies to the work of a minor 13
130-years of age or older in caddying at a golf course.
131-(e) Nothing in this Act applies to a minor 14 or 15 years
132-of age who is, under the direction of the minor's school,
133-participating in work-based learning programs in accordance
134-with the School Code.
135-(f) Nothing in this Act prohibits an employer from
136-employing, allowing, or permitting a minor 12 or 13 years of
137-age to work as an officiant or an assistant instructor of youth
138-sports activities for a not-for-profit youth club, park
139-district, or municipal parks and recreation department if the
140-
141-
142-employer obtains certification as provided for in Section 55
143-and:
144-(1) the parent or guardian of the minor who is working
145-as an officiant or an assistant instructor, or an adult
146-designated by the parent or guardian, shall be present at
147-the youth sports activity while the minor is working;
148-(2) the minor may work as an officiant or an assistant
149-instructor for a maximum of 3 hours per day on school days
150-and a maximum of 4 hours per day on non-school days;
151-(3) the minor shall not exceed 10 hours of officiating
152-and working as assistant instructor in any week;
153-(4) the minor shall not work later than 9:00 p.m. on
154-any day of the week; and
155-(5) the participants in the youth sports activity are
156-at least 3 years younger than the minor unless an
157-individual 16 years of age or older is officiating or
158-instructing the same youth sports activity with the minor.
159-The failure to satisfy the requirements of this subsection
160-may result in the revocation of the minor's employment
161-certificate.
162-Section 25. Allowable work hours. Except as allowed under
163-Section 30, no employer shall employ, allow, or permit a minor
164-to work:
165-(1) more than 18 hours during a week when school is in
166-session;
167-
168-
169-(2) more than 40 hours during a week when school is not
170-in session;
171-(3) more than 8 hours in any single 24-hour period;
172-(4) between 7 p.m. and 7 a.m. from Labor Day until June
173-1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day;
174-or
175-(5) more than 3 hours per day or more than 8 hours
176-total of work and school hours on days when school is in
177-session.
178-Section 30. Exceptions to allowable work hours.
179-(a) An employer may employ, allow, or permit a minor under
180-the age of 16 to work a maximum of 8 hours on each Saturday and
181-on Sunday during the school year if:
182-(1) the minor does not work outside of school hours
183-more than 6 consecutive days in any one week; and
184-(2) the number of hours worked by the minor outside of
185-school hours in any week does not exceed 24.
186-(b) A minor working as a live theatrical performer as
187-described in Section 45 shall be permitted to work until 11
188-p.m. on nights when performances are held.
189-(c) A minor under 16 years of age working as a performer as
190-described in Section 50 shall be permitted to work until 10
191-p.m.
192-(d) A park district, not-for-profit youth club, or
193-municipal parks and recreation department may allow a minor 14
194-
195-
196-years of age or older to work in a recreational or educational
197-activity beyond the hours identified in Section 25 as follows:
198-(1) From Labor Day until June 1, an employer may allow
199-a minor to work until 9 p.m. on school days if the
200-following conditions are met:
201-(A) the minor does not work more than 3 hours per
202-day;
203-(B) the minor does not work on more than 2 school
204-days in that week; and
205-(C) the minor does not work more than 24 total
206-hours outside school hours in that week.
207-(2) From June 1 to Labor Day, an employer may allow a
208-minor to work until 10 p.m. and no earlier than 7 a.m.
209-(3) For a minor who attends a school that operates a
210-year-round schedule, an employer may allow the minor to
211-work until 10 p.m. and no earlier than 7 a.m. during
212-periods when school is not in session for the minor. If
213-school is in session, then the minor who attends a school
214-that operates a year-round schedule may work until 9 p.m.
215-on school days and no earlier than 7 a.m., if the following
216-conditions are met:
217-(A) the minor does not work more than 3 hours per
218-day;
219-(B) the minor does not work on more than 2 school
220-days in that week; and
221-(C) the minor does not work more than 24 total
222-
223-
224-hours outside school hours in that week.
225-Section 35. Employer requirements.
226-(a) It shall be unlawful for any person to employ, allow,
227-or permit any minor to work unless the minor obtains an
228-employment certificate authorizing the minor to work for that
229-person. Any person seeking to employ, allow, or permit any
230-minor to work shall provide that minor with a notice of
231-intention to employ to be submitted by the minor to the minor's
232-school issuing officer with the minor's application for an
233-employment certificate.
234-(b) Every employer of one or more minors shall maintain,
235-on the premises where the work is being done, records that
236-include the name, date of birth, and place of residence of
237-every minor who works for that employer, notice of intention
238-to employ the minor, and the minor's employment certificate.
239-Authorized officers and employees of the Department, truant
240-officers, and other school officials charged with the
241-enforcement of school attendance requirements described in
242-Section 26-1 of the School Code may inspect the records
243-without notice at any time.
244-(c) Every employer of minors shall ensure that all minors
245-are supervised by an adult 21 years of age or older, on site,
246-at all times while the minor is working.
247-(d) No person shall employ, allow, or permit any minor to
248-work for more than 5 hours continuously without an interval of
249-
250-
251-at least 30 minutes for a meal period. No period of less than
252-30 minutes shall be deemed to interrupt a continuous period of
253-work.
254-(e) Every employer who employs one or more minors shall
255-post in a conspicuous place where minors are employed,
256-allowed, or permitted to work, a notice summarizing the
257-requirements of this Act, including a list of the occupations
258-prohibited to minors and the Department's toll free telephone
259-number described in Section 85. An employer with employees who
260-do not regularly report to a physical workplace, such as
261-employees who work remotely or travel for work, shall also
262-provide the summary and notice by email to its employees or
263-conspicuous posting on the employer's website or intranet
264-site, if the site is regularly used by the employer to
265-communicate work-related information to employees and is able
266-to be regularly accessed by all employees, freely and without
267-interference. The notice shall be furnished by the Department.
268-(f) Every employer, during the period of employment of a
269-minor and for 3 years thereafter, shall keep on file, at the
270-place of employment, a copy of the employment certificate
271-issued for the minor. An employment certificate shall be valid
272-only for the employer for whom issued and a new certificate
273-shall not be issued for the employment of a minor except on the
274-presentation of a new statement of intention to employ the
275-minor. The failure of any employer to produce for inspection
276-the employment certificate for each minor in the employer's
277-
278-
279-establishment shall be a violation of this Act. The Department
280-may specify any other record keeping requirements by rule.
281-(g) In the event of the work-related death of a minor
282-engaged in work subject to this Act, the employer shall,
283-within 24 hours, report the death to the Department and to the
284-school official who issued the minor's work certificate for
285-that employer. In the event of a work-related injury or
286-illness of a minor that requires the employer to file a report
287-with the Illinois Workers' Compensation Commission under
288-Section 6 of the Workers' Compensation Act or Section 6 of the
289-Workers' Occupational Diseases Act, the employer shall submit
290-a copy of the report to the Department and to the school
291-official who issued the minor's work certificate for that
292-employer within 72 hours of the deadline by which the employer
293-must file the report to the Illinois Workers' Compensation
294-Commission. The report shall be subject to the confidentiality
295-provisions of Section 6 of the Workers' Compensation Act or
296-Section 6 of the Workers' Occupational Diseases Act.
297-Section 40. Restrictions on employment of minors.
298-(a) No person shall employ, allow, or permit a minor to
299-work:
300-(1) in any mechanic's garage, including garage pits,
301-repairing cars, trucks, or other vehicles or using garage
302-lifting racks;
303-(2) in the oiling, cleaning, or wiping of machinery or
304-
305-
306-shafting;
307-(3) in or about any mine or quarry;
308-(4) in stone cutting or polishing;
309-(5) in any factory work;
310-(6) in or about any plant manufacturing explosives or
311-articles containing explosive components, or in the use or
312-transportation of same;
313-(7) in or about plants manufacturing iron or steel,
314-ore reduction works, smelters, foundries, forging shops,
315-hot rolling mills or any other place in which the heating,
316-melting, or heat treatment of metals is carried on;
317-(8) in the operation of machinery used in the cold
318-rolling of heavy metal stock, or in the operation of
319-power-driven punching, shearing, stamping, or metal plate
320-bending machines;
321-(9) in or about logging, sawmills or lath, shingle, or
322-cooperage-stock mills;
323-(10) in the operation of power-driven woodworking
324-machines, or off-bearing from circular saws;
325-(11) in the operation and repair of freight elevators
326-or hoisting machines and cranes;
327-(12) in spray painting;
328-(13) in occupations involving exposure to lead or its
329-compounds;
330-(14) in occupations involving exposure to acids, dyes,
331-chemicals, dust, gases, vapors, or fumes that are known or
332-
333-
334-suspected to be dangerous to humans;
335-(15) in any occupation subject to the Amusement Ride
336-and Attraction Safety Act;
337-(16) in oil refineries, gasoline blending plants, or
338-pumping stations on oil transmission lines;
339-(17) in the operation of laundry, dry cleaning, or
340-dyeing machinery;
341-(18) in occupations involving exposure to radioactive
342-substances;
343-(19) in or about any filling station or service
344-station, except that this prohibition does not extend to
345-employment within attached convenience stores, food
346-service, or retail establishments;
347-(20) in construction work, including demolition and
348-repair;
349-(21) in any energy generation or transmission service;
350-(22) in public and private utilities and related
351-services;
352-(23) in operations in or in connection with
353-slaughtering, meat packing, poultry processing, and fish
354-and seafood processing;
355-(24) in operations which involve working on an
356-elevated surface, with or without use of equipment,
357-including, but not limited to, ladders and scaffolds;
358-(25) in security positions or any occupations that
359-require the use or carrying of a firearm or other weapon;
360-
361-
362-(26) in occupations which involve the handling or
363-storage of human blood, human blood products, human body
364-fluids, or human body tissues;
365-(27) in any mill, cannery, factory, workshop, or coal,
366-brick, or lumber yard;
367-(28) any occupation which is prohibited for minors
368-under federal law; or
369-(29) in any other occupation or working condition
370-determined by the Director to be hazardous.
371-(b) No person shall employ, allow, or permit a minor to
372-work at:
373-(1) any cannabis business establishment subject to the
374-Cannabis Regulation and Tax Act or Compassionate Use of
375-Medical Cannabis Program Act;
376-(2) any establishment subject to the Live Adult
377-Entertainment Facility Surcharge Act;
378-(3) any firearm range or gun range used for
379-discharging a firearm in a sporting event, for practice or
380-instruction in the use of a firearm, or the testing of a
381-firearm;
382-(4) any establishment in which items containing
383-alcohol for consumption are manufactured, distilled,
384-brewed, or bottled;
385-(5) any establishment where the primary activity is
386-the sale of alcohol or tobacco;
387-(6) an establishment operated by any holder of an
388-
389-
390-owners license subject to the Illinois Gambling Act; or
391-(7) any other establishment which State or federal law
392-prohibits minors from entering or patronizing.
393-(c) An employer shall not allow minors to draw, mix, pour,
394-or serve any item containing alcohol or otherwise handle any
395-open containers of alcohol. An employer shall make reasonable
396-efforts to ensure that minors are unable to access alcohol.
397-(d) An employer may allow minors aged 14 and 15 to work in
398-retail stores, except that an employer shall not allow minors
399-to handle or be able to access any goods or products which are
400-illegal for minors to purchase or possess.
401-(e) No person shall employ, allow, or permit an unlicensed
402-minor to perform work in the practice of barber, cosmetology,
403-esthetics, hair braiding, and nail technology services
404-requiring a license under the Barber, Cosmetology, Esthetics,
405-Hair Braiding, and Nail Technology Act of 1985, except for
406-students enrolled in a school and performing barber,
407-cosmetology, esthetics, hair braiding, and nail technology
408-services in accordance with that Act and rules adopted under
409-that Act.
410-(f) A person may employ, allow, or permit a minor to
411-perform office or administrative support work that does not
412-expose the minor to the work prohibited in this Section.
413-Section 45. Minors employed in live theatrical
414-performances. In addition to the other requirements of this
415-
416-
417-Act, an employer of a minor working in live theatrical
418-performances, including plays, musicals, recitals, or
419-concerts, is subject to the following requirements:
420-(1) An employer shall not allow a minor to work in more
421-than 2 performances in any 24-hour period.
422-(2) An employer shall not allow a minor to work in more
423-than 8 performances in any 7-day period or 9 performances
424-if a State holiday occurs during that 7-day period.
425-(3) A minor shall be accompanied by a parent,
426-guardian, or chaperone at all times while at the work
427-site.
428-(4) A minor shall not work, including performing,
429-rehearsing, or otherwise being present at the work site,
430-in connection with the performance, for more than 8 hours
431-in any 24-hour period, more than 6 days in any 7-day
432-period, more than 24 hours in any 7-day period, or after 11
433-p.m. on any night.
434-(5) A minor shall not be excused from attending school
435-except as authorized by Section 26-1 of the School Code.
436-Section 50. Minors employed in live or pre-recorded,
437-distributed, broadcast performances and modeling.
438-(a) Notwithstanding the provisions of this Act, minors
439-under 16 years of age may be employed as models or performers
440-on live or pre-recorded radio or television, in motion
441-pictures, or in other entertainment-related performances,
442-
443-
444-subject to conditions that may be imposed by rule by the
445-Department.
446-(b) A child performer who works in a television, motion
447-picture, or related entertainment production may be permitted
448-to be at the place of employment, within a 24-hour time period,
449-as follows:
450-(1) Minors who have reached the age of 15 days but have
451-not reached the age of 6 months may be permitted to remain
452-at the place of employment for a maximum of 2 hours. The
453-2-hour period shall consist of not more than 20 minutes of
454-work.
455-(2) Minors who have reached the age of 6 months but who
456-have not attained the age of 2 years may be permitted at
457-the place of employment for a maximum of 4 hours. The
458-4-hour period shall consist of not more than 2 hours of
459-work with the balance of the 4-hour period being rest and
460-recreation.
461-(3) Minors who have reached the age of 2 years but who
462-have not attained the age of 6 years may be permitted at
463-the place of employment for a maximum of 6 hours. The
464-6-hour period shall consist of not more than 3 hours of
465-work with the balance of the 6-hour period being rest,
466-recreation, and education.
467-(4) Minors who have reached the age of 6 years but have
468-not attained the age of 9 years may be permitted at the
469-place of employment for a maximum of 8 hours. The 8-hour
470-
471-
472-period shall consist of not more than 4 hours of work and
473-at least 3 hours of schooling when the minor's school is in
474-session. The studio teacher shall ensure that the minor
475-receives up to one hour of rest and recreation. On days
476-when the minor's school is not in session, working hours
477-may be a maximum of 6 hours and one hour of rest and
478-recreation.
479-(5) Minors who have reached the age of 9 years but who
480-have not attained the age of 16 years may be permitted at
481-the place of employment for a maximum of 9 hours. The
482-9-hour period shall consist of not more than 5 hours of
483-work and at least 3 hours of schooling when the minor's
484-school is in session. The studio teacher shall ensure that
485-the minor receives at least one hour of rest and
486-recreation. On days when the minor's school is not in
487-session, working hours may be a maximum of 7 hours and one
488-hour of rest and recreation.
489-(c) Notwithstanding the provisions of this Act, an
490-employer who employs a minor under 16 years of age in a
491-television, motion picture, or related entertainment
492-production may allow the minor to work until 10 p.m. without
493-seeking a waiver from the Department. An employer may apply to
494-the Director, or the Director's authorized representative, for
495-a waiver permitting a minor to work outside of the hours
496-allowed by this Act.
497-(1) A waiver request for a minor to work between 10
498-
499-
500-p.m. and 12:30 a.m. or between 5 a.m. and 7 a.m. shall be
501-granted if the Director, or the Director's authorized
502-representative, is satisfied that all of the following
503-conditions are met:
504-(A) the employment shall not be detrimental to the
505-health or welfare of the minor;
506-(B) the minor shall be supervised adequately;
507-(C) the education of the minor shall not be
508-neglected; and
509-(D) the total number of hours to be worked that day
510-and week is not over the limits established in this Act
511-or any rules adopted under this Act.
512-(2) A waiver request for a minor to work between 12:30
513-a.m. and 5 a.m. shall be granted if the Director, or the
514-Director's authorized representative, is satisfied that
515-all of the following conditions are met:
516-(A) the employment shall not be detrimental to the
517-health or welfare of the minor;
518-(B) the minor shall be supervised adequately;
519-(C) the education of the minor shall not be
520-jeopardized;
521-(D) performance by the minor during that time is
522-critical to the success of the production, as
523-demonstrated by true and accurate statements by the
524-employer that filming cannot be completed at any other
525-time of day;
526-
527-
528-(E) the filming primarily requires exterior
529-footage of sunset, nighttime, or dawn;
530-(F) the filming is scheduled on the most optimal
531-day of the week for the minor's schooling;
532-(G) the employer provides a schedule to the
533-Department of schooling and rest periods on the day
534-before, the day of, and the day after the overnight
535-hours to be worked;
536-(H) the age of the minor is taken into account as
537-provided by this Act or any rules adopted under this
538-Act;
539-(I) the total number of hours to be worked that day
540-and week is not over the limits established in this Act
541-or any rules adopted under this Act; and
542-(J) the waiver request was received by the
543-Department at least 72 hours prior to the overnight
544-hours to be worked.
545-(d) An employer applying for the waiver shall submit to
546-the Director, or the Director's authorized representative, a
547-completed application on the form that the Director provides.
548-The waiver shall contain signatures that show the consent of a
549-parent or legal guardian of the minor, the employer, and an
550-authorized representative of a collective bargaining unit if a
551-collective bargaining unit represents the minor upon
552-employment.
553-
554-
555-Section 55. Employment certificates.
556-(a) Any employer who employs, allows, or permits a minor
557-to work shall ensure that the minor holds a valid employment
558-certificate issued by a school issuing officer.
559-(b) An application for an employment certificate must be
560-submitted by the minor and the minor's parent or legal
561-guardian to the minor's school issuing officer as follows.
562-(1) The application shall be signed by the applicant's
563-parent or legal guardian.
564-(2) The application shall be submitted in person by
565-the minor desiring employment, unless the school issuing
566-officer determines that the minor may utilize a remote
567-application process.
568-(3) The minor shall be accompanied by his or her
569-parent, guardian, or custodian, whether applying in person
570-or remotely.
571-(4) The following papers shall be submitted with the
572-application:
573-(A) A statement of intention to employ signed by
574-the prospective employer, or by someone duly
575-authorized by the prospective employer, setting forth
576-the specific nature of the occupation in which the
577-prospective employer intends to employ the minor and
578-the exact hours of the day and number of hours per day
579-and days per week during which the minor shall be
580-employed.
581-
582-
583-(B) Evidence of age showing that the minor is of
584-the age required by this Act, which evidence shall be
585-documentary, and shall be required in the order
586-designated, as follows:
587-(i) a birth certificate; or
588-(ii) if a birth certificate is unavailable,
589-the parent or legal guardian may present other
590-reliable proof of the minor's identity and age
591-that is supported by a sworn statement explaining
592-why the birth certificate is not available. Other
593-reliable proof of the minor's identity and age
594-includes a passport, visa, or other governmental
595-documentation of the minor's identity. If the
596-student was not born in the United States, the
597-school issuing officer must accept birth
598-certificates or other reliable proof from a
599-foreign government.
600-(C) A statement on a form approved by the
601-Department and signed by the school issuing officer,
602-showing the minor's name, address, grade last
603-completed, the hours the minor's school is in session,
604-and other relevant information, as determined by the
605-school issuing officer, about the minor's school
606-schedule, and the names of the minor's parent or legal
607-guardian. If any of the information required to be on
608-the work permit changes, the issuing officer must
609-
610-
611-update the work permit and provide an updated copy to
612-the Department, the minor's employer, and the minor's
613-parent or legal guardian. If the minor does not have a
614-permanent home address or is otherwise eligible for
615-services under the federal McKinney-Vento Homeless
616-Assistance Act, the lack of a birth certificate or
617-permanent home address alone shall not be a barrier to
618-receiving an employment certificate.
619-(D) A statement of physical fitness signed by a
620-health care professional who has examined the minor,
621-certifying that the minor is physically fit to be
622-employed in all legal occupations or to be employed in
623-legal occupations under limitations specified, or, at
624-the discretion of the school issuing officer, the
625-minor's most recent school physical. If the statement
626-of physical fitness is limited, the employment
627-certificate issued thereon shall state clearly the
628-limitations upon its use, and shall be valid only when
629-used under the limitations so stated. In any case
630-where the health care professional deems it advisable
631-that he or she may issue a certificate of physical
632-fitness for a specified period of time, at the
633-expiration of which the person for whom it was issued
634-shall appear and be re-examined before being permitted
635-to continue work. Examinations shall be made in
636-accordance with the standards and procedures
637-
638-
639-prescribed by the Director, in consultation with the
640-Director of the Department of Public Health and the
641-State Superintendent of Education, and shall be
642-recorded on a form furnished by the Department. When
643-made by public health or public school physicians, the
644-examination shall be made without charge to the minor.
645-If a public health or public school health care
646-professional is not available, a statement from a
647-private health care professional who has examined the
648-minor may be accepted, provided that the examination
649-is made in accordance with the standards and
650-procedures established by the Department. For purposes
651-of this paragraph, "health care professional" means a
652-physician licensed to practice medicine in all its
653-branches, a licensed advanced practice registered
654-nurse, or a licensed physician assistant.
655-(5) The school issuing officer shall have authority to
656-verify the representations provided in the employment
657-certificate application as required by Section 55. A
658-school issuing officer shall not charge a fee for the
659-consideration of an employment certificate application.
660-(6) It shall be the duty of the school board or local
661-school authority to designate a place or places where
662-certificates shall be issued and recorded, and physical
663-examinations made without fee, and to establish and
664-maintain the necessary records and clerical services for
665-
666-
667-carrying out the provisions of this Act.
668-(c) Upon receipt of an application for an employment
669-certificate, a school issuing officer shall issue an
670-employment certificate only after examining and approving the
671-written application and other papers required under this
672-Section, and determining that the employment shall not be
673-detrimental to the minor's health, welfare, and education. The
674-school issuing officer shall consider any report of death,
675-injury, or illness of a minor at that workplace, received
676-under the requirements of Section 35, in the prior 2 years in
677-determining whether the employment shall be detrimental to the
678-minor's health, welfare, and education. Upon issuing an
679-employment certificate to a minor, the school issuing officer
680-shall notify the principal of the school attended by the
681-minor, and provide copies to the Department, the minor's
682-employer, and the minor's parent or legal guardian. The
683-employment certificate shall be valid for a period of one year
684-from the date of issuance, unless suspended or revoked.
685-(d) If the school issuing officer refuses to issue a
686-certificate to a minor, the school issuing officer shall send
687-to the principal of the school attended by the minor a notice
688-of the refusal, including the name and address of the minor and
689-of the minor's parent or legal guardian, and the reason for the
690-refusal to issue the certificate.
691-(e) If a minor from another state seeks to obtain an
692-Illinois employment certificate, the Department shall work
693-
694-
695-with the State Superintendent of Education, or his or her duly
696-authorized agents, to issue the certificate if the State
697-Superintendent of Education deems that all requirements for
698-issuance have been met.
699-(f) Upon request, the school issuing officer shall issue a
700-certificate of age to any person between 16 and 20 years of age
701-upon presentation of the same proof of age as is required for
702-the issuance of employment certificates under this Act.
703-(g) Any certificate duly issued in accordance with this
704-Act shall be prima facie evidence of the age of the minor for
705-whom issued in any proceeding involving the employment of the
706-minor under this Act, as to any act occurring subsequent to its
707-issuance, or until revoked.
708-(h) The Department may suspend any certificate as an
709-emergency action imperatively required for the health, safety,
710-welfare, or education of the minor if:
711-(1) the parent or legal guardian of a minor, the
712-school issuing officer, or the principal of the school
713-attended by the minor for whom an employment certificate
714-has been issued has asked for the revocation of the
715-certificate by petition to the Department in writing,
716-stating the reasons he or she believes that the employment
717-is interfering with the health, safety, welfare, or
718-education of the minor; or
719-(2) in the judgment of the Director, the employment
720-certificate was improperly issued or if the minor is
721-
722-
723-illegally employed.
724-If the certificate is suspended, the Department shall
725-notify the employer of the minor, the parent or guardian of the
726-minor, the minor's school principal, and the school issuing
727-officer of the suspension in writing and shall schedule an
728-administrative hearing to take place within 21 days after the
729-date of any suspension. The minor shall not thereafter be
730-employed, allowed, or permitted to work unless and until his
731-or her employment certificate has been reinstated. After the
732-hearing, an administrative law judge shall issue a final order
733-either reinstating or revoking the employment certificate. If
734-the certificate is revoked, the employer shall not thereafter
735-employ, permit, or allow the minor to work until the minor has
736-obtained a new employment certificate authorizing the minor's
737-employment by that employer.
738-Section 57. Prohibition on retaliation.
739-(a) An employer, or agent or officer of an employer,
740-violates this Act if he or she takes an adverse action against,
741-or in any other manner discriminates against, any person
742-because that person has:
743-(1) exercised a right under this Act;
744-(2) made a complaint to the minor's employer or to the
745-Director, or the Director's authorized representative;
746-(3) caused to be instituted or is about to cause to be
747-instituted any proceeding under or related to this Act;
748-
749-
750-(4) participated in or cooperated with an
751-investigation or proceeding under this Act; or
752-(5) testified or is about to testify in an
753-investigation or proceeding under this Act.
754-(b) An employer, or agent or officer of an employer, does
755-not violate this Act if he or she discharges a minor from
756-employment because the employment was found to be unlawful or
757-the Department suspended or revoked the minor's employment
758-certificate.
759-Section 60. Department powers.
760-(a) The Department shall make, adopt, and enforce
761-reasonable rules relating to the administration and
762-enforcement of the provisions of this Act, including the
763-issuance of employment certificates authorized under this Act,
764-as may be deemed expedient. The rules shall be designed to
765-protect the health, safety, welfare, and education of minors
766-and to ensure that the conditions under which minors are
767-employed, allowed, or permitted to work shall not impair their
768-health, welfare, development, or education.
769-(b) In order to promote uniformity and efficiency of
770-issuance, the Department shall, in consultation with the State
771-Superintendent of Education, formulate the forms on which
772-certificates shall be issued and also forms needed in
773-connection with the issuance, and it shall supply the forms to
774-the school issuing officers.
775-
776-
777-Section 65. Investigation.
778-(a) It shall be the duty of the Department to enforce the
779-provisions of this Act. The Department shall have the power to
780-conduct investigations in connection with the administration
781-and enforcement of this Act and the authorized officers and
782-employees of the Department are hereby authorized and
783-empowered, to visit and inspect, at all reasonable times and
784-as often as possible, all places covered by this Act.
785-(b) The Director, or the Director's authorized
786-representative, may compel by subpoena, the attendance and
787-testimony of witnesses and the production of books, payrolls,
788-records, papers, and other evidence in any investigation or
789-hearing and may administer oaths to witnesses.
790-(c) No employer may interfere with or obstruct an
791-investigation conducted under this Act.
792-Section 70. Enforcement.
793-(a) The Department shall conduct hearings in accordance
794-with the Illinois Administrative Procedure Act if, upon
795-investigation, the Department finds cause to believe the Act,
796-or any rules adopted thereunder, has been violated; or to
797-consider whether to reinstate or revoke a minor's employment
798-certificate in accordance with Section 55.
799-(b) After the hearing, if supported by the evidence, the
800-Department may issue and cause to be served on any party an
801-
802-
803-order to cease and desist from violation of the Act, take
804-further affirmative or other action as deemed reasonable to
805-eliminate the effect of the violation, and may revoke any
806-certificate issued under the Act and determine the amount of
807-any civil penalty allowed by the Act. The Department may serve
808-orders by certified mail or by sending a copy by email to an
809-email address previously designated by the party for purposes
810-of receiving notice under this Act. An email address provided
811-by the party in the course of the administrative proceeding
812-shall not be used in any subsequent proceedings, unless the
813-party designates that email address for the subsequent
814-proceeding.
815-(c) Any party to a proceeding under the Act may apply for
816-and obtain judicial review of an order of the Department
817-entered under this Act in accordance with the provisions of
818-the Administrative Review Law, and the Department in
819-proceedings under this Section may obtain an order of court
820-for the enforcement of its order.
821-(d) Whenever it appears that any employer has violated a
822-valid order of the Department issued under this Act, the
823-Director may commence an action and obtain from the court an
824-order upon the employer commanding them to obey the order of
825-the Department or be adjudged guilty of contempt of court and
826-punished accordingly.
827-Section 75. Civil penalties.
828-
829-
830-(a) Any person employing, allowing, or permitting a minor
831-to work who violates any of the provisions of this Act or any
832-rule adopted under the Act shall be subject to civil penalties
833-as follows:
834-(1) if a minor dies while working for an employer who
835-is found by the Department to have been employing,
836-allowing, or permitting the minor to work in violation of
837-this Act, the employer is subject to a penalty not to
838-exceed $60,000, payable to the Department;
839-(2) if a minor receives an illness or an injury that is
840-required to be reported to the Department under Section 35
841-while working for an employer who is found by the
842-Department to have been employing, allowing, or permitting
843-the minor to work in violation of this Act, the employer is
844-subject to a penalty not to exceed $30,000, payable to the
845-Department;
846-(3) an employer who employs, allows, or permits a
847-minor to work in violation of Section 40 shall be subject
848-to a penalty not to exceed $15,000, payable to the
849-Department;
850-(4) an employer who fails to post or provide the
851-required notice under subsection (g) of Section 35 shall
852-be subject to a penalty not to exceed $500, payable to the
853-Department; and
854-(5) an employer who commits any other violation of
855-this Act shall be subject to a penalty not to exceed
856-
857-
858-$10,000, payable to the Department.
859-In determining the amount of the penalty, the
860-appropriateness of the penalty to the size of the business of
861-the employer charged and the gravity of the violation shall be
862-considered.
863-Each day during which any violation of this Act continues
864-shall constitute a separate and distinct offense, and the
865-employment of any minor in violation of the Act shall, with
866-respect to each minor so employed, constitute a separate and
867-distinct offense.
868-(b) Any administrative determination by the Department of
869-the amount of each penalty shall be final unless reviewed as
870-provided in Section 70.
871-(c) The amount of the penalty, when finally determined,
872-may be recovered in a civil action brought by the Director in
873-any circuit court, in which litigation the Director shall be
874-represented by the Attorney General. In an action brought by
875-the Department, the Department may request, and the Court may
876-impose on a defendant employer, an additional civil penalty of
877-up to an amount equal to the penalties assessed by the
878-Department to be distributed to an impacted minor. In an
879-action concerning multiple minors, any such penalty imposed by
880-the Court shall be distributed equally among the minors
881-employed in violation of this Act by the defendant employer.
882-(d) Penalties recovered under this Section shall be paid
883-by certified check, money order, or by an electronic payment
884-
885-
886-system designated by the Department, and deposited into the
887-Child Labor and Day and Temporary Labor Services Enforcement
888-Fund, a special fund in the State treasury. Moneys in the Fund
889-shall be used, subject to appropriation, for exemplary
890-programs, demonstration projects, and other activities or
891-purposes related to the enforcement of this Act or for the
892-activities or purposes related to the enforcement of the Day
893-and Temporary Labor Services Act, or for the activities or
894-purposes related to the enforcement of the Private Employment
895-Agency Act.
896-Section 80. Criminal penalties.
897-(a) Any person who engages in any of the following
898-activities shall be guilty of a Class A misdemeanor and shall
899-be subject to a civil penalty of no less than $500 and no more
900-than $2,500:
901-(1) employs, allows, or permits any minor to work in
902-violation of this Act, or of any rule, order, or ruling
903-issued under the provisions of this Act;
904-(2) obstructs the Department, its inspectors or
905-deputies, or any other person authorized to inspect places
906-of employment under this Act; or
907-(3) willfully fails to comply with the provisions of
908-this Act.
909-(b) Whenever in the opinion of the Department a violation
910-of this Act has occurred, it shall report the violation to the
911-
912-
913-Attorney General who shall prosecute all violations reported.
914-(c) The amount of the penalty, when finally determined,
915-shall be ordered by the court, in an action brought for a
916-criminal violation, to be paid to the Department.
917-(d) Penalties recovered under this Section shall be paid
918-into the Child Labor and Day and Temporary Labor Services
919-Enforcement Fund.
920-Section 85. Department reporting and outreach.
921-(a) The Department shall maintain a toll-free telephone
922-number to facilitate information requests concerning the
923-issuance of certificates under this Act and the reporting of
924-violations of this Act.
925-(b) The Department shall conduct ongoing outreach and
926-education efforts concerning this Act targeted toward school
927-districts, employers, and other appropriate community
928-organizations. The Department shall, to the extent possible,
929-coordinate these outreach and education activities with other
930-appropriate local, State, and federal agencies.
931-(c) The Department shall file with the General Assembly,
932-no later than January 1 each year, a report of its activities
933-regarding administration and enforcement of this Act for the
934-preceding fiscal year.
935-Section 90. Child performers; trust fund.
936-(a) As used in this Section:
937-
938-
939-"Artistic or creative services" includes, but is not
940-limited to, services as: an actor, actress, dancer, musician,
941-comedian, singer, stunt person, voice-over artist, runway or
942-print model, other performer or entertainer, songwriter,
943-musical producer, arranger, writer, director, producer,
944-production executive, choreographer, composer, conductor, or
945-designer.
946-"Child performer" means an unemancipated person under the
947-age of 16 who is employed in this State and who agrees to
948-render artistic or creative services.
949-(b) In addition to the requirements of Section 55, the
950-person authorized to issue employment certificates must
951-determine that a trust account, established by the child
952-performer's parent or guardian, that meets the requirements of
953-subsection (c) has been established designating the minor as
954-the beneficiary of the trust account before an employment
955-certificate for work as a child performer may be issued for a
956-minor under the age of 16 years. The person authorized to issue
957-employment certificates shall issue a temporary employment
958-certificate having a duration of not more than 15 days without
959-the establishment of a trust fund to permit a minor to provide
960-artistic or creative services. No more than one temporary
961-employment certificate may be issued for each child performer.
962-The Department shall prescribe the form in which temporary
963-employment certificates shall be issued and shall make the
964-forms available on its website.
965-
966-
967-(c) A trust account subject to this Section must provide,
968-at a minimum, the following:
969-(1) that at least 15% of the gross earnings of the
970-child performer shall be deposited into the account;
971-(2) that the funds in the account shall be available
972-only to the child performer;
973-(3) that the account shall be held by a bank,
974-corporate fiduciary, or trust company, as those terms are
975-defined in the Corporate Fiduciary Act;
976-(4) that the funds in the account shall become
977-available to the child performer upon the child performer
978-attaining the age of 18 years or upon the child performer
979-being declared emancipated; and
980-(5) that the account meets the requirements of the
981-Illinois Uniform Transfers to Minors Act.
982-(d) The parent or guardian of the child performer shall
983-provide the employer with the information necessary to
984-transfer moneys into the trust account. Once the child
985-performer's employer deposits the money into the trust
986-account, the child performer's employer shall have no further
987-obligation or duty to monitor or account for the money. The
988-trustee or trustees of the trust shall be the only individual,
989-individuals, entity, or entities with the obligation or duty
990-to monitor and account for money once it has been deposited by
991-the child performer's employer.
992-(e) If the parent or guardian of the child performer fails
993-
994-
995-to provide the employer with the information necessary to
996-transfer funds into the trust account within 30 days after an
997-employment certificate has been issued, the funds that were to
998-be transferred to the trust account shall be transferred to
999-the Office of the State Treasurer in accordance with Section
1000-15-608 of the Revised Uniform Unclaimed Property Act.
1001-(f) This Section does not apply to an employer of a child
1002-performer employed to perform services as an extra, services
1003-as a background performer, or services in a similar capacity.
1004-(g) The Department may adopt rules to implement this
1005-Section.
1006-Section 95. Minors featured in vlogs.
1007-(a) A minor under the age of 16 is considered engaged in
1008-the work of vlogging when the following criteria are met at any
1009-time during the previous 12-month period:
1010-(1) at least 30% of the vlogger's compensated video
1011-content produced within a 30-day period included the
1012-likeness, name, or photograph of the minor. Content
1013-percentage is measured by the percentage of time the
1014-likeness, name, or photograph of the minor visually
1015-appears or is the subject of an oral narrative in a video
1016-segment, as compared to the total length of the segment;
1017-and
1018-(2) the number of views received per video segment on
1019-any online platform met the online platform's threshold
1020-
1021-
1022-for the generation of compensation or the vlogger received
1023-actual compensation for video content equal to or greater
1024-than $0.10 per view.
1025-(b) With the exception of Section 100, the provisions of
1026-this Act do not apply to a minor engaged in the work of
1027-vlogging.
1028-(c) All vloggers whose content features a minor under the
1029-age of 16 engaged in the work of vlogging shall maintain the
1030-following records and shall provide them to the minor on an
1031-ongoing basis:
1032-(1) the name and documentary proof of the age of the
1033-minor engaged in the work of vlogging;
1034-(2) the number of vlogs that generated compensation as
1035-described in subsection (a) during the reporting period;
1036-(3) the total number of minutes of the vlogs that the
1037-vlogger received compensation for during the reporting
1038-period;
1039-(4) the total number of minutes each minor was
1040-featured in vlogs during the reporting period;
1041-(5) the total compensation generated from vlogs
1042-featuring a minor during the reporting period; and
1043-(6) the amount deposited into the trust account for
1044-the benefit of the minor engaged in the work of vlogging,
1045-as required by Section 100.
1046-(d) If a vlogger whose vlog content features minors under
1047-the age of 16 engaged in the work of vlogging fails to maintain
1048-
1049-
1050-the records as provided in subsection (c), the minor may
1051-commence a civil action to enforce the provisions of this
1052-Section.
1053-Section 100. Minor engaged in the work of vlogging; trust
1054-fund.
1055-(a) A minor satisfying the criteria described in
1056-subsection (a) of Section 95 must be compensated by the
1057-vlogger. The vlogger must set aside gross earnings on the
1058-video content, including the likeness, name, or photograph of
1059-the minor in a trust account to be preserved for the benefit of
1060-the minor upon reaching the age of majority, according to the
1061-following distribution:
1062-(1) where only one minor meets the content threshold
1063-described in Section 95, the percentage of total gross
1064-earnings on any video segment, including the likeness,
1065-name, or photograph of the minor that is equal to or
1066-greater than half of the content percentage that includes
1067-the minor as described in Section 95; or
1068-(2) where more than one minor meets the content
1069-threshold described in Section 95 and a video segment
1070-includes more than one of those minors, the percentage
1071-described in paragraph (1) for all minors in any segment
1072-must be equally divided between the minors, regardless of
1073-differences in percentage of content provided by the
1074-individual minors.
1075-
1076-
1077-(b) A trust account required under this Section must
1078-provide, at a minimum, the following:
1079-(1) that the funds in the account shall be available
1080-only to the minor engaged in the work of vlogging;
1081-(2) that the account shall be held by a bank,
1082-corporate fiduciary, or trust company, as those terms are
1083-defined in the Corporate Fiduciary Act;
1084-(3) that the funds in the account shall become
1085-available to the minor engaged in the work of vlogging
1086-upon the minor attaining the age of 18 years or upon the
1087-minor being declared emancipated; and
1088-(4) that the account meets the requirements of the
1089-Illinois Uniform Transfers to Minors Act.
1090-(c) If a vlogger knowingly or recklessly violates this
1091-Section, a minor satisfying the criteria described in
1092-subsection (a) of Section 95 may commence an action to enforce
1093-the provisions of this Section regarding the trust account.
1094-The court may award, to a minor who prevails in any action
1095-brought in accordance with this Section, the following
1096-damages:
1097-(1) actual damages;
1098-(2) punitive damages; and
1099-(3) the costs of the action, including attorney's fees
1100-and litigation costs.
1101-(d) This Section does not affect a right or remedy
1102-available under any other law of the State.
1103-
1104-
1105-(e) Nothing in this Section shall be interpreted to have
1106-any effect on a party that is neither the vlogger nor the minor
1107-engaged in the work of vlogging.
1108-Section 105. No limitations on other laws. Nothing in this
1109-Act shall limit another State agency's authority to enforce
1110-violations of any other State law.
1111-Section 110. Severability. If any part of this Act is
1112-decided to be unconstitutional and void, the decision shall
1113-not affect the validity of the remaining parts of this Act
1114-unless the part held void is indispensable to the operation of
1115-the remaining parts.
1116-Section 115. Procedural changes from prior law. In
1117-accordance with Section 4 of the Statute on Statutes, any
1118-procedural change as compared to prior law effected by the
1119-repeal of the Child Labor Law and the enactment of this Act
1120-shall be applied retroactively. Any substantive change as
1121-compared to prior law effected by the repeal of the Child Labor
1122-Law and the enactment of this Act shall be applied
1123-prospectively only. Any changes to the remedies available to
1124-redress a legal violation are procedural in nature.
1125-(820 ILCS 205/Act rep.)
1126-Section 900. The Child Labor Law is repealed.
1127-
1128-
1129-Section 905. The School Code is amended by changing
1130-Section 26-1 as follows:
1131-(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
1132-Sec. 26-1. Compulsory school age; exemptions. Whoever has
1133-custody or control of any child (i) between the ages of 7 and
1134-17 years (unless the child has already graduated from high
1135-school) for school years before the 2014-2015 school year or
1136-(ii) between the ages of 6 (on or before September 1) and 17
1137-years (unless the child has already graduated from high
1138-school) beginning with the 2014-2015 school year shall cause
1139-such child to attend some public school in the district
1140-wherein the child resides the entire time it is in session
1141-during the regular school term, except as provided in Section
1142-10-19.1, and during a required summer school program
1143-established under Section 10-22.33B; provided, that the
1144-following children shall not be required to attend the public
1145-schools:
1146-1. Any child attending a private or a parochial school
1147-where children are taught the branches of education taught
1148-to children of corresponding age and grade in the public
1149-schools, and where the instruction of the child in the
1150-branches of education is in the English language;
1151-2. Any child who is physically or mentally unable to
1152-attend school, such disability being certified to the
1153-
1154-
1155-county or district truant officer by a competent physician
1156-licensed in Illinois to practice medicine and surgery in
1157-all its branches, a chiropractic physician licensed under
1158-the Medical Practice Act of 1987, a licensed advanced
1159-practice registered nurse, a licensed physician assistant,
1160-or a Christian Science practitioner residing in this State
1161-and listed in the Christian Science Journal; or who is
1162-excused for temporary absence for cause by the principal
1163-or teacher of the school which the child attends, with
1164-absence for cause by illness being required to include the
1165-mental or behavioral health of the child for up to 5 days
1166-for which the child need not provide a medical note, in
1167-which case the child shall be given the opportunity to
1168-make up any school work missed during the mental or
1169-behavioral health absence and, after the second mental
1170-health day used, may be referred to the appropriate school
1171-support personnel; the exemptions in this paragraph (2) do
1172-not apply to any female who is pregnant or the mother of
1173-one or more children, except where a female is unable to
1174-attend school due to a complication arising from her
1175-pregnancy and the existence of such complication is
1176-certified to the county or district truant officer by a
1177-competent physician;
1178-3. Any child necessarily and lawfully employed
1179-according to the provisions of the Child Labor Law of 2024
1180-law regulating child labor may be excused from attendance
1181-
1182-
1183-at school by the county superintendent of schools or the
1184-superintendent of the public school which the child should
1185-be attending, on certification of the facts by and the
1186-recommendation of the school board of the public school
1187-district in which the child resides. In districts having
1188-part-time continuation schools, children so excused shall
1189-attend such schools at least 8 hours each week;
1190-4. Any child over 12 and under 14 years of age while in
1191-attendance at confirmation classes;
1192-5. Any child absent from a public school on a
1193-particular day or days or at a particular time of day for
1194-the reason that he is unable to attend classes or to
1195-participate in any examination, study, or work
1196-requirements on a particular day or days or at a
1197-particular time of day because of religious reasons,
1198-including the observance of a religious holiday or
1199-participation in religious instruction, or because the
1200-tenets of his religion forbid secular activity on a
1201-particular day or days or at a particular time of day. A
1202-school board may require the parent or guardian of a child
1203-who is to be excused from attending school because of
1204-religious reasons to give notice, not exceeding 5 days, of
1205-the child's absence to the school principal or other
1206-school personnel. Any child excused from attending school
1207-under this paragraph 5 shall not be required to submit a
1208-written excuse for such absence after returning to school.
1209-
1210-
1211-A district superintendent shall develop and distribute to
1212-schools appropriate procedures regarding a student's
1213-absence for religious reasons, how schools are notified of
1214-a student's impending absence for religious reasons, and
1215-the requirements of Section 26-2b of this Code;
1216-6. Any child 16 years of age or older who (i) submits
1217-to a school district evidence of necessary and lawful
1218-employment pursuant to paragraph 3 of this Section and
1219-(ii) is enrolled in a graduation incentives program
1220-pursuant to Section 26-16 of this Code or an alternative
1221-learning opportunities program established pursuant to
1222-Article 13B of this Code;
1223-7. A child in any of grades 6 through 12 absent from a
1224-public school on a particular day or days or at a
1225-particular time of day for the purpose of sounding "Taps"
1226-at a military honors funeral held in this State for a
1227-deceased veteran. In order to be excused under this
1228-paragraph 7, the student shall notify the school's
1229-administration at least 2 days prior to the date of the
1230-absence and shall provide the school's administration with
1231-the date, time, and location of the military honors
1232-funeral. The school's administration may waive this 2-day
1233-notification requirement if the student did not receive at
1234-least 2 days advance notice, but the student shall notify
1235-the school's administration as soon as possible of the
1236-absence. A student whose absence is excused under this
1237-
1238-
1239-paragraph 7 shall be counted as if the student attended
1240-school for purposes of calculating the average daily
1241-attendance of students in the school district. A student
1242-whose absence is excused under this paragraph 7 must be
1243-allowed a reasonable time to make up school work missed
1244-during the absence. If the student satisfactorily
1245-completes the school work, the day of absence shall be
1246-counted as a day of compulsory attendance and he or she may
1247-not be penalized for that absence; and
1248-8. Any child absent from a public school on a
1249-particular day or days or at a particular time of day for
1250-the reason that his or her parent or legal guardian is an
1251-active duty member of the uniformed services and has been
1252-called to duty for, is on leave from, or has immediately
1253-returned from deployment to a combat zone or
1254-combat-support postings. Such a student shall be granted 5
1255-days of excused absences in any school year and, at the
1256-discretion of the school board, additional excused
1257-absences to visit the student's parent or legal guardian
1258-relative to such leave or deployment of the parent or
1259-legal guardian. In the case of excused absences pursuant
1260-to this paragraph 8, the student and parent or legal
1261-guardian shall be responsible for obtaining assignments
1262-from the student's teacher prior to any period of excused
1263-absence and for ensuring that such assignments are
1264-completed by the student prior to his or her return to
1265-
1266-
1267-school from such period of excused absence.
1268-Any child from a public middle school or high school,
1269-subject to guidelines established by the State Board of
1270-Education, shall be permitted by a school board one school
1271-day-long excused absence per school year for the child who is
1272-absent from school to engage in a civic event. The school board
1273-may require that the student provide reasonable advance notice
1274-of the intended absence to the appropriate school
1275-administrator and require that the student provide
1276-documentation of participation in a civic event to the
1277-appropriate school administrator.
1278-(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;
1279-102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff.
1280-1-1-23.)
1281-Section 910. The Child Care Act of 1969 is amended by
1282-changing Section 2.17 as follows:
1283-(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
1284-Sec. 2.17. "Foster family home" means the home of an
1285-individual or family:
1286-(1) that is licensed or approved by the state in which it
1287-is situated as a foster family home that meets the standards
1288-established for the licensing or approval; and
1289-(2) in which a child in foster care has been placed in the
1290-care of an individual who resides with the child and who has
1291-
1292-
1293-been licensed or approved by the state to be a foster parent
1294-and:
1295-(A) who the Department of Children and Family Services
1296-deems capable of adhering to the reasonable and prudent
1297-parent standard;
1298-(B) who provides 24-hour substitute care for children
1299-placed away from their parents or other caretakers; and
1300-(3) who provides the care for no more than 6 children,
1301-except the Director of Children and Family Services, pursuant
1302-to Department regulations, may waive the numerical limitation
1303-of foster children who may be cared for in a foster family home
1304-for any of the following reasons to allow: (i) a parenting
1305-youth in foster care to remain with the child of the parenting
1306-youth; (ii) siblings to remain together; (iii) a child with an
1307-established meaningful relationship with the family to remain
1308-with the family; or (iv) a family with special training or
1309-skills to provide care to a child who has a severe disability.
1310-The family's or relative's own children, under 18 years of
1311-age, shall be included in determining the maximum number of
1312-children served.
1313-For purposes of this Section, a "relative" includes any
1314-person, 21 years of age or over, other than the parent, who (i)
1315-is currently related to the child in any of the following ways
1316-by blood or adoption: grandparent, sibling, great-grandparent,
1317-uncle, aunt, nephew, niece, first cousin, great-uncle, or
1318-great-aunt; or (ii) is the spouse of such a relative; or (iii)
1319-
1320-
1321-is a child's step-father, step-mother, or adult step-brother
1322-or step-sister; or (iv) is a fictive kin; "relative" also
1323-includes a person related in any of the foregoing ways to a
1324-sibling of a child, even though the person is not related to
1325-the child, when the child and its sibling are placed together
1326-with that person. For purposes of placement of children
1327-pursuant to Section 7 of the Children and Family Services Act
1328-and for purposes of licensing requirements set forth in
1329-Section 4 of this Act, for children under the custody or
1330-guardianship of the Department pursuant to the Juvenile Court
1331-Act of 1987, after a parent signs a consent, surrender, or
1332-waiver or after a parent's rights are otherwise terminated,
1333-and while the child remains in the custody or guardianship of
1334-the Department, the child is considered to be related to those
1335-to whom the child was related under this Section prior to the
1336-signing of the consent, surrender, or waiver or the order of
1337-termination of parental rights.
1338-The term "foster family home" includes homes receiving
1339-children from any State-operated institution for child care;
1340-or from any agency established by a municipality or other
1341-political subdivision of the State of Illinois authorized to
1342-provide care for children outside their own homes. The term
1343-"foster family home" does not include an "adoption-only home"
1344-as defined in Section 2.23 of this Act. The types of foster
1345-family homes are defined as follows:
1346-(a) "Boarding home" means a foster family home which
1347-
1348-
1349-receives payment for regular full-time care of a child or
1350-children.
1351-(b) "Free home" means a foster family home other than
1352-an adoptive home which does not receive payments for the
1353-care of a child or children.
1354-(c) "Adoptive home" means a foster family home which
1355-receives a child or children for the purpose of adopting
1356-the child or children, but does not include an
1357-adoption-only home.
1358-(d) "Work-wage home" means a foster family home which
1359-receives a child or children who pay part or all of their
1360-board by rendering some services to the family not
1361-prohibited by the Child Labor Law of 2024 or by standards
1362-or regulations of the Department prescribed under this
1363-Act. The child or children may receive a wage in
1364-connection with the services rendered the foster family.
1365-(e) "Agency-supervised home" means a foster family
1366-home under the direct and regular supervision of a
1367-licensed child welfare agency, of the Department of
1368-Children and Family Services, of a circuit court, or of
1369-any other State agency which has authority to place
1370-children in child care facilities, and which receives no
1371-more than 8 children, unless of common parentage, who are
1372-placed and are regularly supervised by one of the
1373-specified agencies.
1374-(f) "Independent home" means a foster family home,
1375-
1376-
1377-other than an adoptive home, which receives no more than 4
1378-children, unless of common parentage, directly from
1379-parents, or other legally responsible persons, by
1380-independent arrangement and which is not subject to direct
1381-and regular supervision of a specified agency except as
1382-such supervision pertains to licensing by the Department.
1383-(g) "Host home" means an emergency foster family home
1384-under the direction and regular supervision of a licensed
1385-child welfare agency, contracted to provide short-term
1386-crisis intervention services to youth served under the
1387-Comprehensive Community-Based Youth Services program,
1388-under the direction of the Department of Human Services.
1389-The youth shall not be under the custody or guardianship
1390-of the Department pursuant to the Juvenile Court Act of
1391-1987.
1392-(Source: P.A. 102-688, eff. 7-1-22; 103-564, eff. 11-17-23.)
1393-Section 915. The Private Employment Agency Act is amended
1394-by changing Sections 10 and 12.6 as follows:
1395-(225 ILCS 515/10) (from Ch. 111, par. 910)
1396-Sec. 10. Licensee prohibitions. No licensee shall send or
1397-cause to be sent any female help or servants, inmate, or
1398-performer to enter any questionable place, or place of bad
1399-repute, house of ill-fame, or assignation house, or to any
1400-house or place of amusement kept for immoral purposes, or
1401-
1402-
1403-place resorted to for the purpose of prostitution or gambling
1404-house, the character of which licensee knows either actually
1405-or by reputation.
1406-No licensee shall permit questionable characters,
1407-prostitutes, gamblers, intoxicated persons, or procurers to
1408-frequent the agency.
1409-No licensee shall accept any application for employment
1410-made by or on behalf of any child, or shall place or assist in
1411-placing any such child in any employment whatever, in
1412-violation of the Child Labor Law of 2024. A violation of any
1413-provision of this Section shall be a Class A misdemeanor.
1414-No licensee shall publish or cause to be published any
1415-fraudulent or misleading notice or advertisement of its
1416-employment agencies by means of cards, circulars, or signs, or
1417-in newspapers or other publications; and all letterheads,
1418-receipts, and blanks shall contain the full name and address
1419-of the employment agency and licensee shall state in all
1420-notices and advertisements the fact that licensee is, or
1421-conducts, a private employment agency.
1422-No licensee shall print, publish, or paint on any sign or
1423-window, or insert in any newspaper or publication, a name
1424-similar to that of the Illinois Public Employment Office.
1425-No licensee shall print or stamp on any receipt or on any
1426-contract used by that agency any part of this Act, unless the
1427-entire Section from which that part is taken is printed or
1428-stamped thereon.
1429-
1430-
1431-All written communications sent out by any licensee,
1432-directly or indirectly, to any person or firm with regard to
1433-employees or employment shall contain therein definite
1434-information that such person is a private employment agency.
1435-No licensee or his or her employees shall knowingly give
1436-any false or misleading information, or make any false or
1437-misleading promise to any applicant who shall apply for
1438-employment or employees.
1439-(Source: P.A. 90-372, eff. 7-1-98.)
1440-(225 ILCS 515/12.6)
1441-Sec. 12.6. Child Labor and Day and Temporary Labor
1442-Services Enforcement Fund. All moneys received as fees and
1443-penalties under this Act shall be deposited into the Child
1444-Labor and Day and Temporary Labor Services Enforcement Fund
1445-and may be used for the purposes set forth in Section 75 17.3
1446-of the Child Labor Law of 2024.
1447-(Source: P.A. 99-422, eff. 1-1-16.)
1448-Section 920. The Day and Temporary Labor Services Act is
1449-amended by changing Section 67 as follows:
1450-(820 ILCS 175/67)
1451-Sec. 67. Action for civil penalties brought by an
1452-interested party.
1453-(a) Upon a reasonable belief that a day and temporary
1454-
1455-
1456-labor service agency or a third party client covered by this
1457-Act is in violation of any part of this Act, an interested
1458-party may initiate a civil action in the county where the
1459-alleged offenses occurred or where any party to the action
1460-resides, asserting that a violation of the Act has occurred,
1461-pursuant to the following sequence of events:
1462-(1) The interested party submits to the Department of
1463-Labor a complaint describing the violation and naming the
1464-day or temporary labor service agency or third party
1465-client alleged to have violated this Act.
1466-(2) The Department sends notice of complaint to the
1467-named parties alleged to have violated this Act and the
1468-interested party. The named parties may either contest the
1469-alleged violation or cure the alleged violation.
1470-(3) The named parties contest or cure the alleged
1471-violation within 30 days after the receipt of the notice
1472-of complaint or, if the named party does not respond
1473-within 30 days, the Department issues a notice of right to
1474-sue to the interested party as described in paragraph (4).
1475-(4) The Department issues a notice of right to sue to
1476-the interested party, if one or more of the following has
1477-occurred:
1478-(i) the named party has cured the alleged
1479-violation to the satisfaction of the Director;
1480-(ii) the Director has determined that the
1481-allegation is unjustified or that the Department does
1482-
1483-
1484-not have jurisdiction over the matter or the parties;
1485-or
1486-(iii) the Director has determined that the
1487-allegation is justified or has not made a
1488-determination, and either has decided not to exercise
1489-jurisdiction over the matter or has concluded
1490-administrative enforcement of the matter.
1491-(b) If within 180 days after service of the notice of
1492-complaint to the parties, the Department has not (i) resolved
1493-the contest and cure period, (ii) with the mutual agreement of
1494-the parties, extended the time for the named party to cure the
1495-violation and resolve the complaint, or (iii) issued a right
1496-to sue letter, the interested party may initiate a civil
1497-action for penalties. The parties may extend the 180-day
1498-period by mutual agreement. The limitations period for the
1499-interested party to bring an action for the alleged violation
1500-of the Act shall be tolled for the 180-day period and for the
1501-period of any mutually agreed extensions. At the end of the
1502-180-day period, or any mutually agreed extensions, the
1503-Department shall issue a right to sue letter to the interested
1504-party.
1505-(c) Any claim or action filed under this Section must be
1506-made within 3 years of the alleged conduct resulting in the
1507-complaint plus any period for which the limitations period has
1508-been tolled.
1509-(d) In an action brought pursuant to this Section, an
1510-
1511-
1512-interested party may recover against the covered entity any
1513-statutory penalties set forth in Section 70 and injunctive
1514-relief. An interested party who prevails in a civil action
1515-shall receive 10% of any statutory penalties assessed, plus
1516-any attorneys' fees and expenses in bringing the action. The
1517-remaining 90% of any statutory penalties assessed shall be
1518-deposited into the Child Labor and Day and Temporary Labor
1519-Services Enforcement Fund and shall be used exclusively for
1520-the purposes set forth in Section 75 17.3 of the Child Labor
1521-Law of 2024.
1522-(Source: P.A. 103-437, eff. 8-4-23.)
1523-Section 925. The Workers' Compensation Act is amended by
1524-changing Sections 7 and 8 as follows:
1525-(820 ILCS 305/7) (from Ch. 48, par. 138.7)
1526-Sec. 7. The amount of compensation which shall be paid for
1527-an accidental injury to the employee resulting in death is:
1528-(a) If the employee leaves surviving a widow, widower,
1529-child or children, the applicable weekly compensation rate
1530-computed in accordance with subparagraph 2 of paragraph (b) of
1531-Section 8, shall be payable during the life of the widow or
1532-widower and if any surviving child or children shall not be
1533-physically or mentally incapacitated then until the death of
1534-the widow or widower or until the youngest child shall reach
1535-the age of 18, whichever shall come later; provided that if
1536-
1537-
1538-such child or children shall be enrolled as a full time student
1539-in any accredited educational institution, the payments shall
1540-continue until such child has attained the age of 25. In the
1541-event any surviving child or children shall be physically or
1542-mentally incapacitated, the payments shall continue for the
1543-duration of such incapacity.
1544-The term "child" means a child whom the deceased employee
1545-left surviving, including a posthumous child, a child legally
1546-adopted, a child whom the deceased employee was legally
1547-obligated to support or a child to whom the deceased employee
1548-stood in loco parentis. The term "children" means the plural
1549-of "child".
1550-The term "physically or mentally incapacitated child or
1551-children" means a child or children incapable of engaging in
1552-regular and substantial gainful employment.
1553-In the event of the remarriage of a widow or widower, where
1554-the decedent did not leave surviving any child or children
1555-who, at the time of such remarriage, are entitled to
1556-compensation benefits under this Act, the surviving spouse
1557-shall be paid a lump sum equal to 2 years compensation benefits
1558-and all further rights of such widow or widower shall be
1559-extinguished.
1560-If the employee leaves surviving any child or children
1561-under 18 years of age who at the time of death shall be
1562-entitled to compensation under this paragraph (a) of this
1563-Section, the weekly compensation payments herein provided for
1564-
1565-
1566-such child or children shall in any event continue for a period
1567-of not less than 6 years.
1568-Any beneficiary entitled to compensation under this
1569-paragraph (a) of this Section shall receive from the special
1570-fund provided in paragraph (f) of this Section, in addition to
1571-the compensation herein provided, supplemental benefits in
1572-accordance with paragraph (g) of Section 8.
1573-(b) If no compensation is payable under paragraph (a) of
1574-this Section and the employee leaves surviving a parent or
1575-parents who at the time of the accident were totally dependent
1576-upon the earnings of the employee then weekly payments equal
1577-to the compensation rate payable in the case where the
1578-employee leaves surviving a widow or widower, shall be paid to
1579-such parent or parents for the duration of their lives, and in
1580-the event of the death of either, for the life of the survivor.
1581-(c) If no compensation is payable under paragraphs (a) or
1582-(b) of this Section and the employee leaves surviving any
1583-child or children who are not entitled to compensation under
1584-the foregoing paragraph (a) but who at the time of the accident
1585-were nevertheless in any manner dependent upon the earnings of
1586-the employee, or leaves surviving a parent or parents who at
1587-the time of the accident were partially dependent upon the
1588-earnings of the employee, then there shall be paid to such
1589-dependent or dependents for a period of 8 years weekly
1590-compensation payments at such proportion of the applicable
1591-rate if the employee had left surviving a widow or widower as
1592-
1593-
1594-such dependency bears to total dependency. In the event of the
1595-death of any such beneficiary the share of such beneficiary
1596-shall be divided equally among the surviving beneficiaries and
1597-in the event of the death of the last such beneficiary all the
1598-rights under this paragraph shall be extinguished.
1599-(d) If no compensation is payable under paragraphs (a),
1600-(b) or (c) of this Section and the employee leaves surviving
1601-any grandparent, grandparents, grandchild or grandchildren or
1602-collateral heirs dependent upon the employee's earnings to the
1603-extent of 50% or more of total dependency, then there shall be
1604-paid to such dependent or dependents for a period of 5 years
1605-weekly compensation payments at such proportion of the
1606-applicable rate if the employee had left surviving a widow or
1607-widower as such dependency bears to total dependency. In the
1608-event of the death of any such beneficiary the share of such
1609-beneficiary shall be divided equally among the surviving
1610-beneficiaries and in the event of the death of the last such
1611-beneficiary all rights hereunder shall be extinguished.
1612-(e) The compensation to be paid for accidental injury
1613-which results in death, as provided in this Section, shall be
1614-paid to the persons who form the basis for determining the
1615-amount of compensation to be paid by the employer, the
1616-respective shares to be in the proportion of their respective
1617-dependency at the time of the accident on the earnings of the
1618-deceased. The Commission or an Arbitrator thereof may, in its
1619-or his discretion, order or award the payment to the parent or
1620-
1621-
1622-grandparent of a child for the latter's support the amount of
1623-compensation which but for such order or award would have been
1624-paid to such child as its share of the compensation payable,
1625-which order or award may be modified from time to time by the
1626-Commission in its discretion with respect to the person to
1627-whom shall be paid the amount of the order or award remaining
1628-unpaid at the time of the modification.
1629-The payments of compensation by the employer in accordance
1630-with the order or award of the Commission discharges such
1631-employer from all further obligation as to such compensation.
1632-(f) The sum of $8,000 for burial expenses shall be paid by
1633-the employer to the widow or widower, other dependent, next of
1634-kin or to the person or persons incurring the expense of
1635-burial.
1636-In the event the employer failed to provide necessary
1637-first aid, medical, surgical or hospital service, he shall pay
1638-the cost thereof to the person or persons entitled to
1639-compensation under paragraphs (a), (b), (c) or (d) of this
1640-Section, or to the person or persons incurring the obligation
1641-therefore, or providing the same.
1642-On January 15 and July 15, 1981, and on January 15 and July
1643-15 of each year thereafter the employer shall within 60 days
1644-pay a sum equal to 1/8 of 1% of all compensation payments made
1645-by him after July 1, 1980, either under this Act or the
1646-Workers' Occupational Diseases Act, whether by lump sum
1647-settlement or weekly compensation payments, but not including
1648-
1649-
1650-hospital, surgical or rehabilitation payments, made during the
1651-first 6 months and during the second 6 months respectively of
1652-the fiscal year next preceding the date of the payments, into a
1653-special fund which shall be designated the "Second Injury
1654-Fund", of which the State Treasurer is ex-officio custodian,
1655-such special fund to be held and disbursed for the purposes
1656-hereinafter stated in paragraphs (f) and (g) of Section 8,
1657-either upon the order of the Commission or of a competent
1658-court. Said special fund shall be deposited the same as are
1659-State funds and any interest accruing thereon shall be added
1660-thereto every 6 months. It is subject to audit the same as
1661-State funds and accounts and is protected by the General bond
1662-given by the State Treasurer. It is considered always
1663-appropriated for the purposes of disbursements as provided in
1664-Section 8, paragraph (f), of this Act, and shall be paid out
1665-and disbursed as therein provided and shall not at any time be
1666-appropriated or diverted to any other use or purpose.
1667-On January 15, 1991, the employer shall further pay a sum
1668-equal to one half of 1% of all compensation payments made by
1669-him from January 1, 1990 through June 30, 1990 either under
1670-this Act or under the Workers' Occupational Diseases Act,
1671-whether by lump sum settlement or weekly compensation
1672-payments, but not including hospital, surgical or
1673-rehabilitation payments, into an additional Special Fund which
1674-shall be designated as the "Rate Adjustment Fund". On March
1675-15, 1991, the employer shall pay into the Rate Adjustment Fund
1676-
1677-
1678-a sum equal to one half of 1% of all such compensation payments
1679-made from July 1, 1990 through December 31, 1990. Within 60
1680-days after July 15, 1991, the employer shall pay into the Rate
1681-Adjustment Fund a sum equal to one half of 1% of all such
1682-compensation payments made from January 1, 1991 through June
1683-30, 1991. Within 60 days after January 15 of 1992 and each
1684-subsequent year through 1996, the employer shall pay into the
1685-Rate Adjustment Fund a sum equal to one half of 1% of all such
1686-compensation payments made in the last 6 months of the
1687-preceding calendar year. Within 60 days after July 15 of 1992
1688-and each subsequent year through 1995, the employer shall pay
1689-into the Rate Adjustment Fund a sum equal to one half of 1% of
1690-all such compensation payments made in the first 6 months of
1691-the same calendar year. Within 60 days after January 15 of 1997
1692-and each subsequent year through 2005, the employer shall pay
1693-into the Rate Adjustment Fund a sum equal to three-fourths of
1694-1% of all such compensation payments made in the last 6 months
1695-of the preceding calendar year. Within 60 days after July 15 of
1696-1996 and each subsequent year through 2004, the employer shall
1697-pay into the Rate Adjustment Fund a sum equal to three-fourths
1698-of 1% of all such compensation payments made in the first 6
1699-months of the same calendar year. Within 60 days after July 15
1700-of 2005, the employer shall pay into the Rate Adjustment Fund a
1701-sum equal to 1% of such compensation payments made in the first
1702-6 months of the same calendar year. Within 60 days after
1703-January 15 of 2006 and each subsequent year, the employer
1704-
1705-
1706-shall pay into the Rate Adjustment Fund a sum equal to 1.25% of
1707-such compensation payments made in the last 6 months of the
1708-preceding calendar year. Within 60 days after July 15 of 2006
1709-and each subsequent year, the employer shall pay into the Rate
1710-Adjustment Fund a sum equal to 1.25% of such compensation
1711-payments made in the first 6 months of the same calendar year.
1712-The administrative costs of collecting assessments from
1713-employers for the Rate Adjustment Fund shall be paid from the
1714-Rate Adjustment Fund. The cost of an actuarial audit of the
1715-Fund shall be paid from the Rate Adjustment Fund. The State
1716-Treasurer is ex officio custodian of such Special Fund and the
1717-same shall be held and disbursed for the purposes hereinafter
1718-stated in paragraphs (f) and (g) of Section 8 upon the order of
1719-the Commission or of a competent court. The Rate Adjustment
1720-Fund shall be deposited the same as are State funds and any
1721-interest accruing thereon shall be added thereto every 6
1722-months. It shall be subject to audit the same as State funds
1723-and accounts and shall be protected by the general bond given
1724-by the State Treasurer. It is considered always appropriated
1725-for the purposes of disbursements as provided in paragraphs
1726-(f) and (g) of Section 8 of this Act and shall be paid out and
1727-disbursed as therein provided and shall not at any time be
1728-appropriated or diverted to any other use or purpose. Within 5
1729-days after the effective date of this amendatory Act of 1990,
1730-the Comptroller and the State Treasurer shall transfer
1731-$1,000,000 from the General Revenue Fund to the Rate
1732-
1733-
1734-Adjustment Fund. By February 15, 1991, the Comptroller and the
1735-State Treasurer shall transfer $1,000,000 from the Rate
1736-Adjustment Fund to the General Revenue Fund. The Comptroller
1737-and Treasurer are authorized to make transfers at the request
1738-of the Chairman up to a total of $19,000,000 from the Second
1739-Injury Fund, the General Revenue Fund, and the Workers'
1740-Compensation Benefit Trust Fund to the Rate Adjustment Fund to
1741-the extent that there is insufficient money in the Rate
1742-Adjustment Fund to pay claims and obligations. Amounts may be
1743-transferred from the General Revenue Fund only if the funds in
1744-the Second Injury Fund or the Workers' Compensation Benefit
1745-Trust Fund are insufficient to pay claims and obligations of
1746-the Rate Adjustment Fund. All amounts transferred from the
1747-Second Injury Fund, the General Revenue Fund, and the Workers'
1748-Compensation Benefit Trust Fund shall be repaid from the Rate
1749-Adjustment Fund within 270 days of a transfer, together with
1750-interest at the rate earned by moneys on deposit in the Fund or
1751-Funds from which the moneys were transferred.
1752-Upon a finding by the Commission, after reasonable notice
1753-and hearing, that any employer has willfully and knowingly
1754-failed to pay the proper amounts into the Second Injury Fund or
1755-the Rate Adjustment Fund required by this Section or if such
1756-payments are not made within the time periods prescribed by
1757-this Section, the employer shall, in addition to such
1758-payments, pay a penalty of 20% of the amount required to be
1759-paid or $2,500, whichever is greater, for each year or part
1760-
1761-
1762-thereof of such failure to pay. This penalty shall only apply
1763-to obligations of an employer to the Second Injury Fund or the
1764-Rate Adjustment Fund accruing after the effective date of this
1765-amendatory Act of 1989. All or part of such a penalty may be
1766-waived by the Commission for good cause shown.
1767-Any obligations of an employer to the Second Injury Fund
1768-and Rate Adjustment Fund accruing prior to the effective date
1769-of this amendatory Act of 1989 shall be paid in full by such
1770-employer within 5 years of the effective date of this
1771-amendatory Act of 1989, with at least one-fifth of such
1772-obligation to be paid during each year following the effective
1773-date of this amendatory Act of 1989. If the Commission finds,
1774-following reasonable notice and hearing, that an employer has
1775-failed to make timely payment of any obligation accruing under
1776-the preceding sentence, the employer shall, in addition to all
1777-other payments required by this Section, be liable for a
1778-penalty equal to 20% of the overdue obligation or $2,500,
1779-whichever is greater, for each year or part thereof that
1780-obligation is overdue. All or part of such a penalty may be
1781-waived by the Commission for good cause shown.
1782-The Chairman of the Illinois Workers' Compensation
1783-Commission shall, annually, furnish to the Director of the
1784-Department of Insurance a list of the amounts paid into the
1785-Second Injury Fund and the Rate Adjustment Fund by each
1786-insurance company on behalf of their insured employers. The
1787-Director shall verify to the Chairman that the amounts paid by
1788-
1789-
1790-each insurance company are accurate as best as the Director
1791-can determine from the records available to the Director. The
1792-Chairman shall verify that the amounts paid by each
1793-self-insurer are accurate as best as the Chairman can
1794-determine from records available to the Chairman. The Chairman
1795-may require each self-insurer to provide information
1796-concerning the total compensation payments made upon which
1797-contributions to the Second Injury Fund and the Rate
1798-Adjustment Fund are predicated and any additional information
1799-establishing that such payments have been made into these
1800-funds. Any deficiencies in payments noted by the Director or
1801-Chairman shall be subject to the penalty provisions of this
1802-Act.
1803-The State Treasurer, or his duly authorized
1804-representative, shall be named as a party to all proceedings
1805-in all cases involving claim for the loss of, or the permanent
1806-and complete loss of the use of one eye, one foot, one leg, one
1807-arm or one hand.
1808-The State Treasurer or his duly authorized agent shall
1809-have the same rights as any other party to the proceeding,
1810-including the right to petition for review of any award. The
1811-reasonable expenses of litigation, such as medical
1812-examinations, testimony, and transcript of evidence, incurred
1813-by the State Treasurer or his duly authorized representative,
1814-shall be borne by the Second Injury Fund.
1815-If the award is not paid within 30 days after the date the
1816-
1817-
1818-award has become final, the Commission shall proceed to take
1819-judgment thereon in its own name as is provided for other
1820-awards by paragraph (g) of Section 19 of this Act and take the
1821-necessary steps to collect the award.
1822-Any person, corporation or organization who has paid or
1823-become liable for the payment of burial expenses of the
1824-deceased employee may in his or its own name institute
1825-proceedings before the Commission for the collection thereof.
1826-For the purpose of administration, receipts and
1827-disbursements, the Special Fund provided for in paragraph (f)
1828-of this Section shall be administered jointly with the Special
1829-Fund provided for in Section 7, paragraph (f) of the Workers'
1830-Occupational Diseases Act.
1831-(g) All compensation, except for burial expenses provided
1832-in this Section to be paid in case accident results in death,
1833-shall be paid in installments equal to the percentage of the
1834-average earnings as provided for in Section 8, paragraph (b)
1835-of this Act, at the same intervals at which the wages or
1836-earnings of the employees were paid. If this is not feasible,
1837-then the installments shall be paid weekly. Such compensation
1838-may be paid in a lump sum upon petition as provided in Section
1839-9 of this Act. However, in addition to the benefits provided by
1840-Section 9 of this Act where compensation for death is payable
1841-to the deceased's widow, widower or to the deceased's widow,
1842-widower and one or more children, and where a partial lump sum
1843-is applied for by such beneficiary or beneficiaries within 18
1844-
1845-
1846-months after the deceased's death, the Commission may, in its
1847-discretion, grant a partial lump sum of not to exceed 100 weeks
1848-of the compensation capitalized at their present value upon
1849-the basis of interest calculated at 3% per annum with annual
1850-rests, upon a showing that such partial lump sum is for the
1851-best interest of such beneficiary or beneficiaries.
1852-(h) In case the injured employee is under 16 years of age
1853-at the time of the accident and is illegally employed, the
1854-amount of compensation payable under paragraphs (a), (b), (c),
1855-(d) and (f) of this Section shall be increased 50%.
1856-Nothing herein contained repeals or amends the provisions
1857-of the Child Labor Law of 2024 relating to the employment of
1858-minors under the age of 16 years.
1859-However, where an employer has on file an employment
1860-certificate issued pursuant to the Child Labor Law of 2024 or
1861-work permit issued pursuant to the Federal Fair Labor
1862-Standards Act, as amended, or a birth certificate properly and
1863-duly issued, such certificate, permit or birth certificate is
1864-conclusive evidence as to the age of the injured minor
1865-employee for the purposes of this Section only.
1866-(i) Whenever the dependents of a deceased employee are
1867-noncitizens not residing in the United States, Mexico or
1868-Canada, the amount of compensation payable is limited to the
1869-beneficiaries described in paragraphs (a), (b) and (c) of this
1870-Section and is 50% of the compensation provided in paragraphs
1871-(a), (b) and (c) of this Section, except as otherwise provided
1872-
1873-
1874-by treaty.
1875-In a case where any of the persons who would be entitled to
1876-compensation is living at any place outside of the United
1877-States, then payment shall be made to the personal
1878-representative of the deceased employee. The distribution by
1879-such personal representative to the persons entitled shall be
1880-made to such persons and in such manner as the Commission
1881-orders.
1882-(Source: P.A. 102-1030, eff. 5-27-22.)
1883-(820 ILCS 305/8) (from Ch. 48, par. 138.8)
1884-Sec. 8. The amount of compensation which shall be paid to
1885-the employee for an accidental injury not resulting in death
1886-is:
1887-(a) The employer shall provide and pay the negotiated
1888-rate, if applicable, or the lesser of the health care
1889-provider's actual charges or according to a fee schedule,
1890-subject to Section 8.2, in effect at the time the service was
1891-rendered for all the necessary first aid, medical and surgical
1892-services, and all necessary medical, surgical and hospital
1893-services thereafter incurred, limited, however, to that which
1894-is reasonably required to cure or relieve from the effects of
1895-the accidental injury, even if a health care provider sells,
1896-transfers, or otherwise assigns an account receivable for
1897-procedures, treatments, or services covered under this Act. If
1898-the employer does not dispute payment of first aid, medical,
1899-
1900-
1901-surgical, and hospital services, the employer shall make such
1902-payment to the provider on behalf of the employee. The
1903-employer shall also pay for treatment, instruction and
1904-training necessary for the physical, mental and vocational
1905-rehabilitation of the employee, including all maintenance
1906-costs and expenses incidental thereto. If as a result of the
1907-injury the employee is unable to be self-sufficient the
1908-employer shall further pay for such maintenance or
1909-institutional care as shall be required.
1910-The employee may at any time elect to secure his own
1911-physician, surgeon and hospital services at the employer's
1912-expense, or,
1913-Upon agreement between the employer and the employees, or
1914-the employees' exclusive representative, and subject to the
1915-approval of the Illinois Workers' Compensation Commission, the
1916-employer shall maintain a list of physicians, to be known as a
1917-Panel of Physicians, who are accessible to the employees. The
1918-employer shall post this list in a place or places easily
1919-accessible to his employees. The employee shall have the right
1920-to make an alternative choice of physician from such Panel if
1921-he is not satisfied with the physician first selected. If, due
1922-to the nature of the injury or its occurrence away from the
1923-employer's place of business, the employee is unable to make a
1924-selection from the Panel, the selection process from the Panel
1925-shall not apply. The physician selected from the Panel may
1926-arrange for any consultation, referral or other specialized
1927-
1928-
1929-medical services outside the Panel at the employer's expense.
1930-Provided that, in the event the Commission shall find that a
1931-doctor selected by the employee is rendering improper or
1932-inadequate care, the Commission may order the employee to
1933-select another doctor certified or qualified in the medical
1934-field for which treatment is required. If the employee refuses
1935-to make such change the Commission may relieve the employer of
1936-his obligation to pay the doctor's charges from the date of
1937-refusal to the date of compliance.
1938-Any vocational rehabilitation counselors who provide
1939-service under this Act shall have appropriate certifications
1940-which designate the counselor as qualified to render opinions
1941-relating to vocational rehabilitation. Vocational
1942-rehabilitation may include, but is not limited to, counseling
1943-for job searches, supervising a job search program, and
1944-vocational retraining including education at an accredited
1945-learning institution. The employee or employer may petition to
1946-the Commission to decide disputes relating to vocational
1947-rehabilitation and the Commission shall resolve any such
1948-dispute, including payment of the vocational rehabilitation
1949-program by the employer.
1950-The maintenance benefit shall not be less than the
1951-temporary total disability rate determined for the employee.
1952-In addition, maintenance shall include costs and expenses
1953-incidental to the vocational rehabilitation program.
1954-When the employee is working light duty on a part-time
1955-
1956-
1957-basis or full-time basis and earns less than he or she would be
1958-earning if employed in the full capacity of the job or jobs,
1959-then the employee shall be entitled to temporary partial
1960-disability benefits. Temporary partial disability benefits
1961-shall be equal to two-thirds of the difference between the
1962-average amount that the employee would be able to earn in the
1963-full performance of his or her duties in the occupation in
1964-which he or she was engaged at the time of accident and the
1965-gross amount which he or she is earning in the modified job
1966-provided to the employee by the employer or in any other job
1967-that the employee is working.
1968-Every hospital, physician, surgeon or other person
1969-rendering treatment or services in accordance with the
1970-provisions of this Section shall upon written request furnish
1971-full and complete reports thereof to, and permit their records
1972-to be copied by, the employer, the employee or his dependents,
1973-as the case may be, or any other party to any proceeding for
1974-compensation before the Commission, or their attorneys.
1975-Notwithstanding the foregoing, the employer's liability to
1976-pay for such medical services selected by the employee shall
1977-be limited to:
1978-(1) all first aid and emergency treatment; plus
1979-(2) all medical, surgical and hospital services
1980-provided by the physician, surgeon or hospital initially
1981-chosen by the employee or by any other physician,
1982-consultant, expert, institution or other provider of
1983-
1984-
1985-services recommended by said initial service provider or
1986-any subsequent provider of medical services in the chain
1987-of referrals from said initial service provider; plus
1988-(3) all medical, surgical and hospital services
1989-provided by any second physician, surgeon or hospital
1990-subsequently chosen by the employee or by any other
1991-physician, consultant, expert, institution or other
1992-provider of services recommended by said second service
1993-provider or any subsequent provider of medical services in
1994-the chain of referrals from said second service provider.
1995-Thereafter the employer shall select and pay for all
1996-necessary medical, surgical and hospital treatment and the
1997-employee may not select a provider of medical services at
1998-the employer's expense unless the employer agrees to such
1999-selection. At any time the employee may obtain any medical
2000-treatment he desires at his own expense. This paragraph
2001-shall not affect the duty to pay for rehabilitation
2002-referred to above.
2003-(4) The following shall apply for injuries occurring
2004-on or after June 28, 2011 (the effective date of Public Act
2005-97-18) and only when an employer has an approved preferred
2006-provider program pursuant to Section 8.1a on the date the
2007-employee sustained his or her accidental injuries:
2008-(A) The employer shall, in writing, on a form
2009-promulgated by the Commission, inform the employee of
2010-the preferred provider program;
2011-
2012-
2013-(B) Subsequent to the report of an injury by an
2014-employee, the employee may choose in writing at any
2015-time to decline the preferred provider program, in
2016-which case that would constitute one of the two
2017-choices of medical providers to which the employee is
2018-entitled under subsection (a)(2) or (a)(3); and
2019-(C) Prior to the report of an injury by an
2020-employee, when an employee chooses non-emergency
2021-treatment from a provider not within the preferred
2022-provider program, that would constitute the employee's
2023-one choice of medical providers to which the employee
2024-is entitled under subsection (a)(2) or (a)(3).
2025-When an employer and employee so agree in writing, nothing
2026-in this Act prevents an employee whose injury or disability
2027-has been established under this Act, from relying in good
2028-faith, on treatment by prayer or spiritual means alone, in
2029-accordance with the tenets and practice of a recognized church
2030-or religious denomination, by a duly accredited practitioner
2031-thereof, and having nursing services appropriate therewith,
2032-without suffering loss or diminution of the compensation
2033-benefits under this Act. However, the employee shall submit to
2034-all physical examinations required by this Act. The cost of
2035-such treatment and nursing care shall be paid by the employee
2036-unless the employer agrees to make such payment.
2037-Where the accidental injury results in the amputation of
2038-an arm, hand, leg or foot, or the enucleation of an eye, or the
2039-
2040-
2041-loss of any of the natural teeth, the employer shall furnish an
2042-artificial of any such members lost or damaged in accidental
2043-injury arising out of and in the course of employment, and
2044-shall also furnish the necessary braces in all proper and
2045-necessary cases. In cases of the loss of a member or members by
2046-amputation, the employer shall, whenever necessary, maintain
2047-in good repair, refit or replace the artificial limbs during
2048-the lifetime of the employee. Where the accidental injury
2049-accompanied by physical injury results in damage to a denture,
2050-eye glasses or contact eye lenses, or where the accidental
2051-injury results in damage to an artificial member, the employer
2052-shall replace or repair such denture, glasses, lenses, or
2053-artificial member.
2054-The furnishing by the employer of any such services or
2055-appliances is not an admission of liability on the part of the
2056-employer to pay compensation.
2057-The furnishing of any such services or appliances or the
2058-servicing thereof by the employer is not the payment of
2059-compensation.
2060-(b) If the period of temporary total incapacity for work
2061-lasts more than 3 working days, weekly compensation as
2062-hereinafter provided shall be paid beginning on the 4th day of
2063-such temporary total incapacity and continuing as long as the
2064-total temporary incapacity lasts. In cases where the temporary
2065-total incapacity for work continues for a period of 14 days or
2066-more from the day of the accident compensation shall commence
2067-
2068-
2069-on the day after the accident.
2070-1. The compensation rate for temporary total
2071-incapacity under this paragraph (b) of this Section shall
2072-be equal to 66 2/3% of the employee's average weekly wage
2073-computed in accordance with Section 10, provided that it
2074-shall be not less than 66 2/3% of the sum of the Federal
2075-minimum wage under the Fair Labor Standards Act, or the
2076-Illinois minimum wage under the Minimum Wage Law,
2077-whichever is more, multiplied by 40 hours. This percentage
2078-rate shall be increased by 10% for each spouse and child,
2079-not to exceed 100% of the total minimum wage calculation,
2080-nor exceed the employee's average weekly wage computed in
2081-accordance with the provisions of Section 10, whichever is
2082-less.
2083-2. The compensation rate in all cases other than for
2084-temporary total disability under this paragraph (b), and
2085-other than for serious and permanent disfigurement under
2086-paragraph (c) and other than for permanent partial
2087-disability under subparagraph (2) of paragraph (d) or
2088-under paragraph (e), of this Section shall be equal to 66
2089-2/3% of the employee's average weekly wage computed in
2090-accordance with the provisions of Section 10, provided
2091-that it shall be not less than 66 2/3% of the sum of the
2092-Federal minimum wage under the Fair Labor Standards Act,
2093-or the Illinois minimum wage under the Minimum Wage Law,
2094-whichever is more, multiplied by 40 hours. This percentage
2095-
2096-
2097-rate shall be increased by 10% for each spouse and child,
2098-not to exceed 100% of the total minimum wage calculation,
2099-nor exceed the employee's average weekly wage computed in
2100-accordance with the provisions of Section 10, whichever is
2101-less.
2102-2.1. The compensation rate in all cases of serious and
2103-permanent disfigurement under paragraph (c) and of
2104-permanent partial disability under subparagraph (2) of
2105-paragraph (d) or under paragraph (e) of this Section shall
2106-be equal to 60% of the employee's average weekly wage
2107-computed in accordance with the provisions of Section 10,
2108-provided that it shall be not less than 66 2/3% of the sum
2109-of the Federal minimum wage under the Fair Labor Standards
2110-Act, or the Illinois minimum wage under the Minimum Wage
2111-Law, whichever is more, multiplied by 40 hours. This
2112-percentage rate shall be increased by 10% for each spouse
2113-and child, not to exceed 100% of the total minimum wage
2114-calculation, nor exceed the employee's average weekly wage
2115-computed in accordance with the provisions of Section 10,
2116-whichever is less.
2117-3. As used in this Section the term "child" means a
2118-child of the employee including any child legally adopted
2119-before the accident or whom at the time of the accident the
2120-employee was under legal obligation to support or to whom
2121-the employee stood in loco parentis, and who at the time of
2122-the accident was under 18 years of age and not
2123-
2124-
2125-emancipated. The term "children" means the plural of
2126-"child".
2127-4. All weekly compensation rates provided under
2128-subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
2129-Section shall be subject to the following limitations:
2130-The maximum weekly compensation rate from July 1,
2131-1975, except as hereinafter provided, shall be 100% of the
2132-State's average weekly wage in covered industries under
2133-the Unemployment Insurance Act, that being the wage that
2134-most closely approximates the State's average weekly wage.
2135-The maximum weekly compensation rate, for the period
2136-July 1, 1984, through June 30, 1987, except as hereinafter
2137-provided, shall be $293.61. Effective July 1, 1987 and on
2138-July 1 of each year thereafter the maximum weekly
2139-compensation rate, except as hereinafter provided, shall
2140-be determined as follows: if during the preceding 12 month
2141-period there shall have been an increase in the State's
2142-average weekly wage in covered industries under the
2143-Unemployment Insurance Act, the weekly compensation rate
2144-shall be proportionately increased by the same percentage
2145-as the percentage of increase in the State's average
2146-weekly wage in covered industries under the Unemployment
2147-Insurance Act during such period.
2148-The maximum weekly compensation rate, for the period
2149-January 1, 1981 through December 31, 1983, except as
2150-hereinafter provided, shall be 100% of the State's average
2151-
2152-
2153-weekly wage in covered industries under the Unemployment
2154-Insurance Act in effect on January 1, 1981. Effective
2155-January 1, 1984 and on January 1, of each year thereafter
2156-the maximum weekly compensation rate, except as
2157-hereinafter provided, shall be determined as follows: if
2158-during the preceding 12 month period there shall have been
2159-an increase in the State's average weekly wage in covered
2160-industries under the Unemployment Insurance Act, the
2161-weekly compensation rate shall be proportionately
2162-increased by the same percentage as the percentage of
2163-increase in the State's average weekly wage in covered
2164-industries under the Unemployment Insurance Act during
2165-such period.
2166-From July 1, 1977 and thereafter such maximum weekly
2167-compensation rate in death cases under Section 7, and
2168-permanent total disability cases under paragraph (f) or
2169-subparagraph 18 of paragraph (3) of this Section and for
2170-temporary total disability under paragraph (b) of this
2171-Section and for amputation of a member or enucleation of
2172-an eye under paragraph (e) of this Section shall be
2173-increased to 133-1/3% of the State's average weekly wage
2174-in covered industries under the Unemployment Insurance
2175-Act.
2176-For injuries occurring on or after February 1, 2006,
2177-the maximum weekly benefit under paragraph (d)1 of this
2178-Section shall be 100% of the State's average weekly wage
2179-
2180-
2181-in covered industries under the Unemployment Insurance
2182-Act.
2183-4.1. Any provision herein to the contrary
2184-notwithstanding, the weekly compensation rate for
2185-compensation payments under subparagraph 18 of paragraph
2186-(e) of this Section and under paragraph (f) of this
2187-Section and under paragraph (a) of Section 7 and for
2188-amputation of a member or enucleation of an eye under
2189-paragraph (e) of this Section, shall in no event be less
2190-than 50% of the State's average weekly wage in covered
2191-industries under the Unemployment Insurance Act.
2192-4.2. Any provision to the contrary notwithstanding,
2193-the total compensation payable under Section 7 shall not
2194-exceed the greater of $500,000 or 25 years.
2195-5. For the purpose of this Section this State's
2196-average weekly wage in covered industries under the
2197-Unemployment Insurance Act on July 1, 1975 is hereby fixed
2198-at $228.16 per week and the computation of compensation
2199-rates shall be based on the aforesaid average weekly wage
2200-until modified as hereinafter provided.
2201-6. The Department of Employment Security of the State
2202-shall on or before the first day of December, 1977, and on
2203-or before the first day of June, 1978, and on the first day
2204-of each December and June of each year thereafter, publish
2205-the State's average weekly wage in covered industries
2206-under the Unemployment Insurance Act and the Illinois
2207-
2208-
2209-Workers' Compensation Commission shall on the 15th day of
2210-January, 1978 and on the 15th day of July, 1978 and on the
2211-15th day of each January and July of each year thereafter,
2212-post and publish the State's average weekly wage in
2213-covered industries under the Unemployment Insurance Act as
2214-last determined and published by the Department of
2215-Employment Security. The amount when so posted and
2216-published shall be conclusive and shall be applicable as
2217-the basis of computation of compensation rates until the
2218-next posting and publication as aforesaid.
2219-7. The payment of compensation by an employer or his
2220-insurance carrier to an injured employee shall not
2221-constitute an admission of the employer's liability to pay
2222-compensation.
2223-(c) For any serious and permanent disfigurement to the
2224-hand, head, face, neck, arm, leg below the knee or the chest
2225-above the axillary line, the employee is entitled to
2226-compensation for such disfigurement, the amount determined by
2227-agreement at any time or by arbitration under this Act, at a
2228-hearing not less than 6 months after the date of the accidental
2229-injury, which amount shall not exceed 150 weeks (if the
2230-accidental injury occurs on or after the effective date of
2231-this amendatory Act of the 94th General Assembly but before
2232-February 1, 2006) or 162 weeks (if the accidental injury
2233-occurs on or after February 1, 2006) at the applicable rate
2234-provided in subparagraph 2.1 of paragraph (b) of this Section.
2235-
2236-
2237-No compensation is payable under this paragraph where
2238-compensation is payable under paragraphs (d), (e) or (f) of
2239-this Section.
2240-A duly appointed member of a fire department in a city, the
2241-population of which exceeds 500,000 according to the last
2242-federal or State census, is eligible for compensation under
2243-this paragraph only where such serious and permanent
2244-disfigurement results from burns.
2245-(d) 1. If, after the accidental injury has been sustained,
2246-the employee as a result thereof becomes partially
2247-incapacitated from pursuing his usual and customary line of
2248-employment, he shall, except in cases compensated under the
2249-specific schedule set forth in paragraph (e) of this Section,
2250-receive compensation for the duration of his disability,
2251-subject to the limitations as to maximum amounts fixed in
2252-paragraph (b) of this Section, equal to 66-2/3% of the
2253-difference between the average amount which he would be able
2254-to earn in the full performance of his duties in the occupation
2255-in which he was engaged at the time of the accident and the
2256-average amount which he is earning or is able to earn in some
2257-suitable employment or business after the accident. For
2258-accidental injuries that occur on or after September 1, 2011,
2259-an award for wage differential under this subsection shall be
2260-effective only until the employee reaches the age of 67 or 5
2261-years from the date the award becomes final, whichever is
2262-later.
2263-
2264-
2265-2. If, as a result of the accident, the employee sustains
2266-serious and permanent injuries not covered by paragraphs (c)
2267-and (e) of this Section or having sustained injuries covered
2268-by the aforesaid paragraphs (c) and (e), he shall have
2269-sustained in addition thereto other injuries which injuries do
2270-not incapacitate him from pursuing the duties of his
2271-employment but which would disable him from pursuing other
2272-suitable occupations, or which have otherwise resulted in
2273-physical impairment; or if such injuries partially
2274-incapacitate him from pursuing the duties of his usual and
2275-customary line of employment but do not result in an
2276-impairment of earning capacity, or having resulted in an
2277-impairment of earning capacity, the employee elects to waive
2278-his right to recover under the foregoing subparagraph 1 of
2279-paragraph (d) of this Section then in any of the foregoing
2280-events, he shall receive in addition to compensation for
2281-temporary total disability under paragraph (b) of this
2282-Section, compensation at the rate provided in subparagraph 2.1
2283-of paragraph (b) of this Section for that percentage of 500
2284-weeks that the partial disability resulting from the injuries
2285-covered by this paragraph bears to total disability. If the
2286-employee shall have sustained a fracture of one or more
2287-vertebra or fracture of the skull, the amount of compensation
2288-allowed under this Section shall be not less than 6 weeks for a
2289-fractured skull and 6 weeks for each fractured vertebra, and
2290-in the event the employee shall have sustained a fracture of
2291-
2292-
2293-any of the following facial bones: nasal, lachrymal, vomer,
2294-zygoma, maxilla, palatine or mandible, the amount of
2295-compensation allowed under this Section shall be not less than
2296-2 weeks for each such fractured bone, and for a fracture of
2297-each transverse process not less than 3 weeks. In the event
2298-such injuries shall result in the loss of a kidney, spleen or
2299-lung, the amount of compensation allowed under this Section
2300-shall be not less than 10 weeks for each such organ.
2301-Compensation awarded under this subparagraph 2 shall not take
2302-into consideration injuries covered under paragraphs (c) and
2303-(e) of this Section and the compensation provided in this
2304-paragraph shall not affect the employee's right to
2305-compensation payable under paragraphs (b), (c) and (e) of this
2306-Section for the disabilities therein covered.
2307-(e) For accidental injuries in the following schedule, the
2308-employee shall receive compensation for the period of
2309-temporary total incapacity for work resulting from such
2310-accidental injury, under subparagraph 1 of paragraph (b) of
2311-this Section, and shall receive in addition thereto
2312-compensation for a further period for the specific loss herein
2313-mentioned, but shall not receive any compensation under any
2314-other provisions of this Act. The following listed amounts
2315-apply to either the loss of or the permanent and complete loss
2316-of use of the member specified, such compensation for the
2317-length of time as follows:
2318-1. Thumb-
2319-
2320-
2321-70 weeks if the accidental injury occurs on or
2322-after the effective date of this amendatory Act of the
2323-94th General Assembly but before February 1, 2006.
2324-76 weeks if the accidental injury occurs on or
2325-after February 1, 2006.
2326-2. First, or index finger-
2327-40 weeks if the accidental injury occurs on or
2328-after the effective date of this amendatory Act of the
2329-94th General Assembly but before February 1, 2006.
2330-43 weeks if the accidental injury occurs on or
2331-after February 1, 2006.
2332-3. Second, or middle finger-
2333-35 weeks if the accidental injury occurs on or
2334-after the effective date of this amendatory Act of the
2335-94th General Assembly but before February 1, 2006.
2336-38 weeks if the accidental injury occurs on or
2337-after February 1, 2006.
2338-4. Third, or ring finger-
2339-25 weeks if the accidental injury occurs on or
2340-after the effective date of this amendatory Act of the
2341-94th General Assembly but before February 1, 2006.
2342-27 weeks if the accidental injury occurs on or
2343-after February 1, 2006.
2344-5. Fourth, or little finger-
2345-20 weeks if the accidental injury occurs on or
2346-after the effective date of this amendatory Act of the
2347-
2348-
2349-94th General Assembly but before February 1, 2006.
2350-22 weeks if the accidental injury occurs on or
2351-after February 1, 2006.
2352-6. Great toe-
2353-35 weeks if the accidental injury occurs on or
2354-after the effective date of this amendatory Act of the
2355-94th General Assembly but before February 1, 2006.
2356-38 weeks if the accidental injury occurs on or
2357-after February 1, 2006.
2358-7. Each toe other than great toe-
2359-12 weeks if the accidental injury occurs on or
2360-after the effective date of this amendatory Act of the
2361-94th General Assembly but before February 1, 2006.
2362-13 weeks if the accidental injury occurs on or
2363-after February 1, 2006.
2364-8. The loss of the first or distal phalanx of the thumb
2365-or of any finger or toe shall be considered to be equal to
2366-the loss of one-half of such thumb, finger or toe and the
2367-compensation payable shall be one-half of the amount above
2368-specified. The loss of more than one phalanx shall be
2369-considered as the loss of the entire thumb, finger or toe.
2370-In no case shall the amount received for more than one
2371-finger exceed the amount provided in this schedule for the
2372-loss of a hand.
2373-9. Hand-
2374-190 weeks if the accidental injury occurs on or
2375-
2376-
2377-after the effective date of this amendatory Act of the
2378-94th General Assembly but before February 1, 2006.
2379-205 weeks if the accidental injury occurs on or
2380-after February 1, 2006.
2381-190 weeks if the accidental injury occurs on or
2382-after June 28, 2011 (the effective date of Public Act
2383-97-18) and if the accidental injury involves carpal
2384-tunnel syndrome due to repetitive or cumulative
2385-trauma, in which case the permanent partial disability
2386-shall not exceed 15% loss of use of the hand, except
2387-for cause shown by clear and convincing evidence and
2388-in which case the award shall not exceed 30% loss of
2389-use of the hand.
2390-The loss of 2 or more digits, or one or more phalanges
2391-of 2 or more digits, of a hand may be compensated on the
2392-basis of partial loss of use of a hand, provided, further,
2393-that the loss of 4 digits, or the loss of use of 4 digits,
2394-in the same hand shall constitute the complete loss of a
2395-hand.
2396-10. Arm-
2397-235 weeks if the accidental injury occurs on or
2398-after the effective date of this amendatory Act of the
2399-94th General Assembly but before February 1, 2006.
2400-253 weeks if the accidental injury occurs on or
2401-after February 1, 2006.
2402-Where an accidental injury results in the amputation
2403-
2404-
2405-of an arm below the elbow, such injury shall be
2406-compensated as a loss of an arm. Where an accidental
2407-injury results in the amputation of an arm above the
2408-elbow, compensation for an additional 15 weeks (if the
2409-accidental injury occurs on or after the effective date of
2410-this amendatory Act of the 94th General Assembly but
2411-before February 1, 2006) or an additional 17 weeks (if the
2412-accidental injury occurs on or after February 1, 2006)
2413-shall be paid, except where the accidental injury results
2414-in the amputation of an arm at the shoulder joint, or so
2415-close to shoulder joint that an artificial arm cannot be
2416-used, or results in the disarticulation of an arm at the
2417-shoulder joint, in which case compensation for an
2418-additional 65 weeks (if the accidental injury occurs on or
2419-after the effective date of this amendatory Act of the
2420-94th General Assembly but before February 1, 2006) or an
2421-additional 70 weeks (if the accidental injury occurs on or
2422-after February 1, 2006) shall be paid.
2423-11. Foot-
2424-155 weeks if the accidental injury occurs on or
2425-after the effective date of this amendatory Act of the
2426-94th General Assembly but before February 1, 2006.
2427-167 weeks if the accidental injury occurs on or
2428-after February 1, 2006.
2429-12. Leg-
2430-200 weeks if the accidental injury occurs on or
2431-
2432-
2433-after the effective date of this amendatory Act of the
2434-94th General Assembly but before February 1, 2006.
2435-215 weeks if the accidental injury occurs on or
2436-after February 1, 2006.
2437-Where an accidental injury results in the amputation
2438-of a leg below the knee, such injury shall be compensated
2439-as loss of a leg. Where an accidental injury results in the
2440-amputation of a leg above the knee, compensation for an
2441-additional 25 weeks (if the accidental injury occurs on or
2442-after the effective date of this amendatory Act of the
2443-94th General Assembly but before February 1, 2006) or an
2444-additional 27 weeks (if the accidental injury occurs on or
2445-after February 1, 2006) shall be paid, except where the
2446-accidental injury results in the amputation of a leg at
2447-the hip joint, or so close to the hip joint that an
2448-artificial leg cannot be used, or results in the
2449-disarticulation of a leg at the hip joint, in which case
2450-compensation for an additional 75 weeks (if the accidental
2451-injury occurs on or after the effective date of this
2452-amendatory Act of the 94th General Assembly but before
2453-February 1, 2006) or an additional 81 weeks (if the
2454-accidental injury occurs on or after February 1, 2006)
2455-shall be paid.
2456-13. Eye-
2457-150 weeks if the accidental injury occurs on or
2458-after the effective date of this amendatory Act of the
2459-
2460-
2461-94th General Assembly but before February 1, 2006.
2462-162 weeks if the accidental injury occurs on or
2463-after February 1, 2006.
2464-Where an accidental injury results in the enucleation
2465-of an eye, compensation for an additional 10 weeks (if the
2466-accidental injury occurs on or after the effective date of
2467-this amendatory Act of the 94th General Assembly but
2468-before February 1, 2006) or an additional 11 weeks (if the
2469-accidental injury occurs on or after February 1, 2006)
2470-shall be paid.
2471-14. Loss of hearing of one ear-
2472-50 weeks if the accidental injury occurs on or
2473-after the effective date of this amendatory Act of the
2474-94th General Assembly but before February 1, 2006.
2475-54 weeks if the accidental injury occurs on or
2476-after February 1, 2006.
2477-Total and permanent loss of hearing of both ears-
2478-200 weeks if the accidental injury occurs on or
2479-after the effective date of this amendatory Act of the
2480-94th General Assembly but before February 1, 2006.
2481-215 weeks if the accidental injury occurs on or
2482-after February 1, 2006.
2483-15. Testicle-
2484-50 weeks if the accidental injury occurs on or
2485-after the effective date of this amendatory Act of the
2486-94th General Assembly but before February 1, 2006.
2487-
2488-
2489-54 weeks if the accidental injury occurs on or
2490-after February 1, 2006.
2491-Both testicles-
2492-150 weeks if the accidental injury occurs on or
2493-after the effective date of this amendatory Act of the
2494-94th General Assembly but before February 1, 2006.
2495-162 weeks if the accidental injury occurs on or
2496-after February 1, 2006.
2497-16. For the permanent partial loss of use of a member
2498-or sight of an eye, or hearing of an ear, compensation
2499-during that proportion of the number of weeks in the
2500-foregoing schedule provided for the loss of such member or
2501-sight of an eye, or hearing of an ear, which the partial
2502-loss of use thereof bears to the total loss of use of such
2503-member, or sight of eye, or hearing of an ear.
2504-(a) Loss of hearing for compensation purposes
2505-shall be confined to the frequencies of 1,000, 2,000
2506-and 3,000 cycles per second. Loss of hearing ability
2507-for frequency tones above 3,000 cycles per second are
2508-not to be considered as constituting disability for
2509-hearing.
2510-(b) The percent of hearing loss, for purposes of
2511-the determination of compensation claims for
2512-occupational deafness, shall be calculated as the
2513-average in decibels for the thresholds of hearing for
2514-the frequencies of 1,000, 2,000 and 3,000 cycles per
2515-
2516-
2517-second. Pure tone air conduction audiometric
2518-instruments, approved by nationally recognized
2519-authorities in this field, shall be used for measuring
2520-hearing loss. If the losses of hearing average 30
2521-decibels or less in the 3 frequencies, such losses of
2522-hearing shall not then constitute any compensable
2523-hearing disability. If the losses of hearing average
2524-85 decibels or more in the 3 frequencies, then the same
2525-shall constitute and be total or 100% compensable
2526-hearing loss.
2527-(c) In measuring hearing impairment, the lowest
2528-measured losses in each of the 3 frequencies shall be
2529-added together and divided by 3 to determine the
2530-average decibel loss. For every decibel of loss
2531-exceeding 30 decibels an allowance of 1.82% shall be
2532-made up to the maximum of 100% which is reached at 85
2533-decibels.
2534-(d) If a hearing loss is established to have
2535-existed on July 1, 1975 by audiometric testing the
2536-employer shall not be liable for the previous loss so
2537-established nor shall he be liable for any loss for
2538-which compensation has been paid or awarded.
2539-(e) No consideration shall be given to the
2540-question of whether or not the ability of an employee
2541-to understand speech is improved by the use of a
2542-hearing aid.
2543-
2544-
2545-(f) No claim for loss of hearing due to industrial
2546-noise shall be brought against an employer or allowed
2547-unless the employee has been exposed for a period of
2548-time sufficient to cause permanent impairment to noise
2549-levels in excess of the following:
2550-Sound Level DBASlow ResponseHours Per Day90892695497310021021-1/210511101/21151/4 Sound Level DBA Slow Response Hours Per Day 90 8 92 6 95 4 97 3 100 2 102 1-1/2 105 1 110 1/2 115 1/4
2551-Sound Level DBA
2552-Slow Response Hours Per Day
2553-90 8
2554-92 6
2555-95 4
2556-97 3
2557-100 2
2558-102 1-1/2
2559-105 1
2560-110 1/2
2561-115 1/4
2562-This subparagraph (f) shall not be applied in cases of
2563-hearing loss resulting from trauma or explosion.
2564-17. In computing the compensation to be paid to any
2565-employee who, before the accident for which he claims
2566-compensation, had before that time sustained an injury
2567-resulting in the loss by amputation or partial loss by
2568-amputation of any member, including hand, arm, thumb or
2569-fingers, leg, foot or any toes, such loss or partial loss
2570-of any such member shall be deducted from any award made
2571-for the subsequent injury. For the permanent loss of use
2572-
2573-
2574-Sound Level DBA
2575-Slow Response Hours Per Day
2576-90 8
2577-92 6
2578-95 4
2579-97 3
2580-100 2
2581-102 1-1/2
2582-105 1
2583-110 1/2
2584-115 1/4
2585-
2586-
2587-or the permanent partial loss of use of any such member or
2588-the partial loss of sight of an eye, for which
2589-compensation has been paid, then such loss shall be taken
2590-into consideration and deducted from any award for the
2591-subsequent injury.
2592-18. The specific case of loss of both hands, both
2593-arms, or both feet, or both legs, or both eyes, or of any
2594-two thereof, or the permanent and complete loss of the use
2595-thereof, constitutes total and permanent disability, to be
2596-compensated according to the compensation fixed by
2597-paragraph (f) of this Section. These specific cases of
2598-total and permanent disability do not exclude other cases.
2599-Any employee who has previously suffered the loss or
2600-permanent and complete loss of the use of any of such
2601-members, and in a subsequent independent accident loses
2602-another or suffers the permanent and complete loss of the
2603-use of any one of such members the employer for whom the
2604-injured employee is working at the time of the last
2605-independent accident is liable to pay compensation only
2606-for the loss or permanent and complete loss of the use of
2607-the member occasioned by the last independent accident.
2608-19. In a case of specific loss and the subsequent
2609-death of such injured employee from other causes than such
2610-injury leaving a widow, widower, or dependents surviving
2611-before payment or payment in full for such injury, then
2612-the amount due for such injury is payable to the widow or
2613-
2614-
2615-widower and, if there be no widow or widower, then to such
2616-dependents, in the proportion which such dependency bears
2617-to total dependency.
2618-Beginning July 1, 1980, and every 6 months thereafter, the
2619-Commission shall examine the Second Injury Fund and when,
2620-after deducting all advances or loans made to such Fund, the
2621-amount therein is $500,000 then the amount required to be paid
2622-by employers pursuant to paragraph (f) of Section 7 shall be
2623-reduced by one-half. When the Second Injury Fund reaches the
2624-sum of $600,000 then the payments shall cease entirely.
2625-However, when the Second Injury Fund has been reduced to
2626-$400,000, payment of one-half of the amounts required by
2627-paragraph (f) of Section 7 shall be resumed, in the manner
2628-herein provided, and when the Second Injury Fund has been
2629-reduced to $300,000, payment of the full amounts required by
2630-paragraph (f) of Section 7 shall be resumed, in the manner
2631-herein provided. The Commission shall make the changes in
2632-payment effective by general order, and the changes in payment
2633-become immediately effective for all cases coming before the
2634-Commission thereafter either by settlement agreement or final
2635-order, irrespective of the date of the accidental injury.
2636-On August 1, 1996 and on February 1 and August 1 of each
2637-subsequent year, the Commission shall examine the special fund
2638-designated as the "Rate Adjustment Fund" and when, after
2639-deducting all advances or loans made to said fund, the amount
2640-therein is $4,000,000, the amount required to be paid by
2641-
2642-
2643-employers pursuant to paragraph (f) of Section 7 shall be
2644-reduced by one-half. When the Rate Adjustment Fund reaches the
2645-sum of $5,000,000 the payment therein shall cease entirely.
2646-However, when said Rate Adjustment Fund has been reduced to
2647-$3,000,000 the amounts required by paragraph (f) of Section 7
2648-shall be resumed in the manner herein provided.
2649-(f) In case of complete disability, which renders the
2650-employee wholly and permanently incapable of work, or in the
2651-specific case of total and permanent disability as provided in
2652-subparagraph 18 of paragraph (e) of this Section, compensation
2653-shall be payable at the rate provided in subparagraph 2 of
2654-paragraph (b) of this Section for life.
2655-An employee entitled to benefits under paragraph (f) of
2656-this Section shall also be entitled to receive from the Rate
2657-Adjustment Fund provided in paragraph (f) of Section 7 of the
2658-supplementary benefits provided in paragraph (g) of this
2659-Section 8.
2660-If any employee who receives an award under this paragraph
2661-afterwards returns to work or is able to do so, and earns or is
2662-able to earn as much as before the accident, payments under
2663-such award shall cease. If such employee returns to work, or is
2664-able to do so, and earns or is able to earn part but not as
2665-much as before the accident, such award shall be modified so as
2666-to conform to an award under paragraph (d) of this Section. If
2667-such award is terminated or reduced under the provisions of
2668-this paragraph, such employees have the right at any time
2669-
2670-
2671-within 30 months after the date of such termination or
2672-reduction to file petition with the Commission for the purpose
2673-of determining whether any disability exists as a result of
2674-the original accidental injury and the extent thereof.
2675-Disability as enumerated in subdivision 18, paragraph (e)
2676-of this Section is considered complete disability.
2677-If an employee who had previously incurred loss or the
2678-permanent and complete loss of use of one member, through the
2679-loss or the permanent and complete loss of the use of one hand,
2680-one arm, one foot, one leg, or one eye, incurs permanent and
2681-complete disability through the loss or the permanent and
2682-complete loss of the use of another member, he shall receive,
2683-in addition to the compensation payable by the employer and
2684-after such payments have ceased, an amount from the Second
2685-Injury Fund provided for in paragraph (f) of Section 7, which,
2686-together with the compensation payable from the employer in
2687-whose employ he was when the last accidental injury was
2688-incurred, will equal the amount payable for permanent and
2689-complete disability as provided in this paragraph of this
2690-Section.
2691-The custodian of the Second Injury Fund provided for in
2692-paragraph (f) of Section 7 shall be joined with the employer as
2693-a party respondent in the application for adjustment of claim.
2694-The application for adjustment of claim shall state briefly
2695-and in general terms the approximate time and place and manner
2696-of the loss of the first member.
2697-
2698-
2699-In its award the Commission or the Arbitrator shall
2700-specifically find the amount the injured employee shall be
2701-weekly paid, the number of weeks compensation which shall be
2702-paid by the employer, the date upon which payments begin out of
2703-the Second Injury Fund provided for in paragraph (f) of
2704-Section 7 of this Act, the length of time the weekly payments
2705-continue, the date upon which the pension payments commence
2706-and the monthly amount of the payments. The Commission shall
2707-30 days after the date upon which payments out of the Second
2708-Injury Fund have begun as provided in the award, and every
2709-month thereafter, prepare and submit to the State Comptroller
2710-a voucher for payment for all compensation accrued to that
2711-date at the rate fixed by the Commission. The State
2712-Comptroller shall draw a warrant to the injured employee along
2713-with a receipt to be executed by the injured employee and
2714-returned to the Commission. The endorsed warrant and receipt
2715-is a full and complete acquittance to the Commission for the
2716-payment out of the Second Injury Fund. No other appropriation
2717-or warrant is necessary for payment out of the Second Injury
2718-Fund. The Second Injury Fund is appropriated for the purpose
2719-of making payments according to the terms of the awards.
2720-As of July 1, 1980 to July 1, 1982, all claims against and
2721-obligations of the Second Injury Fund shall become claims
2722-against and obligations of the Rate Adjustment Fund to the
2723-extent there is insufficient money in the Second Injury Fund
2724-to pay such claims and obligations. In that case, all
2725-
2726-
2727-references to "Second Injury Fund" in this Section shall also
2728-include the Rate Adjustment Fund.
2729-(g) Every award for permanent total disability entered by
2730-the Commission on and after July 1, 1965 under which
2731-compensation payments shall become due and payable after the
2732-effective date of this amendatory Act, and every award for
2733-death benefits or permanent total disability entered by the
2734-Commission on and after the effective date of this amendatory
2735-Act shall be subject to annual adjustments as to the amount of
2736-the compensation rate therein provided. Such adjustments shall
2737-first be made on July 15, 1977, and all awards made and entered
2738-prior to July 1, 1975 and on July 15 of each year thereafter.
2739-In all other cases such adjustment shall be made on July 15 of
2740-the second year next following the date of the entry of the
2741-award and shall further be made on July 15 annually
2742-thereafter. If during the intervening period from the date of
2743-the entry of the award, or the last periodic adjustment, there
2744-shall have been an increase in the State's average weekly wage
2745-in covered industries under the Unemployment Insurance Act,
2746-the weekly compensation rate shall be proportionately
2747-increased by the same percentage as the percentage of increase
2748-in the State's average weekly wage in covered industries under
2749-the Unemployment Insurance Act. The increase in the
2750-compensation rate under this paragraph shall in no event bring
2751-the total compensation rate to an amount greater than the
2752-prevailing maximum rate at the time that the annual adjustment
2753-
2754-
2755-is made. Such increase shall be paid in the same manner as
2756-herein provided for payments under the Second Injury Fund to
2757-the injured employee, or his dependents, as the case may be,
2758-out of the Rate Adjustment Fund provided in paragraph (f) of
2759-Section 7 of this Act. Payments shall be made at the same
2760-intervals as provided in the award or, at the option of the
2761-Commission, may be made in quarterly payment on the 15th day of
2762-January, April, July and October of each year. In the event of
2763-a decrease in such average weekly wage there shall be no change
2764-in the then existing compensation rate. The within paragraph
2765-shall not apply to cases where there is disputed liability and
2766-in which a compromise lump sum settlement between the employer
2767-and the injured employee, or his dependents, as the case may
2768-be, has been duly approved by the Illinois Workers'
2769-Compensation Commission.
2770-Provided, that in cases of awards entered by the
2771-Commission for injuries occurring before July 1, 1975, the
2772-increases in the compensation rate adjusted under the
2773-foregoing provision of this paragraph (g) shall be limited to
2774-increases in the State's average weekly wage in covered
2775-industries under the Unemployment Insurance Act occurring
2776-after July 1, 1975.
2777-For every accident occurring on or after July 20, 2005 but
2778-before the effective date of this amendatory Act of the 94th
2779-General Assembly (Senate Bill 1283 of the 94th General
2780-Assembly), the annual adjustments to the compensation rate in
2781-
2782-
2783-awards for death benefits or permanent total disability, as
2784-provided in this Act, shall be paid by the employer. The
2785-adjustment shall be made by the employer on July 15 of the
2786-second year next following the date of the entry of the award
2787-and shall further be made on July 15 annually thereafter. If
2788-during the intervening period from the date of the entry of the
2789-award, or the last periodic adjustment, there shall have been
2790-an increase in the State's average weekly wage in covered
2791-industries under the Unemployment Insurance Act, the employer
2792-shall increase the weekly compensation rate proportionately by
2793-the same percentage as the percentage of increase in the
2794-State's average weekly wage in covered industries under the
2795-Unemployment Insurance Act. The increase in the compensation
2796-rate under this paragraph shall in no event bring the total
2797-compensation rate to an amount greater than the prevailing
2798-maximum rate at the time that the annual adjustment is made. In
2799-the event of a decrease in such average weekly wage there shall
2800-be no change in the then existing compensation rate. Such
2801-increase shall be paid by the employer in the same manner and
2802-at the same intervals as the payment of compensation in the
2803-award. This paragraph shall not apply to cases where there is
2804-disputed liability and in which a compromise lump sum
2805-settlement between the employer and the injured employee, or
2806-his or her dependents, as the case may be, has been duly
2807-approved by the Illinois Workers' Compensation Commission.
2808-The annual adjustments for every award of death benefits
2809-
2810-
2811-or permanent total disability involving accidents occurring
2812-before July 20, 2005 and accidents occurring on or after the
2813-effective date of this amendatory Act of the 94th General
2814-Assembly (Senate Bill 1283 of the 94th General Assembly) shall
2815-continue to be paid from the Rate Adjustment Fund pursuant to
2816-this paragraph and Section 7(f) of this Act.
2817-(h) In case death occurs from any cause before the total
2818-compensation to which the employee would have been entitled
2819-has been paid, then in case the employee leaves any widow,
2820-widower, child, parent (or any grandchild, grandparent or
2821-other lineal heir or any collateral heir dependent at the time
2822-of the accident upon the earnings of the employee to the extent
2823-of 50% or more of total dependency) such compensation shall be
2824-paid to the beneficiaries of the deceased employee and
2825-distributed as provided in paragraph (g) of Section 7.
2826-(h-1) In case an injured employee is under legal
2827-disability at the time when any right or privilege accrues to
2828-him or her under this Act, a guardian may be appointed pursuant
2829-to law, and may, on behalf of such person under legal
2830-disability, claim and exercise any such right or privilege
2831-with the same effect as if the employee himself or herself had
2832-claimed or exercised the right or privilege. No limitations of
2833-time provided by this Act run so long as the employee who is
2834-under legal disability is without a conservator or guardian.
2835-(i) In case the injured employee is under 16 years of age
2836-at the time of the accident and is illegally employed, the
2837-
2838-
2839-amount of compensation payable under paragraphs (b), (c), (d),
2840-(e) and (f) of this Section is increased 50%.
2841-However, where an employer has on file an employment
2842-certificate issued pursuant to the Child Labor Law of 2024 or
2843-work permit issued pursuant to the Federal Fair Labor
2844-Standards Act, as amended, or a birth certificate properly and
2845-duly issued, such certificate, permit or birth certificate is
2846-conclusive evidence as to the age of the injured minor
2847-employee for the purposes of this Section.
2848-Nothing herein contained repeals or amends the provisions
2849-of the Child Labor Law of 2024 relating to the employment of
2850-minors under the age of 16 years.
2851-(j) 1. In the event the injured employee receives
2852-benefits, including medical, surgical or hospital benefits
2853-under any group plan covering non-occupational disabilities
2854-contributed to wholly or partially by the employer, which
2855-benefits should not have been payable if any rights of
2856-recovery existed under this Act, then such amounts so paid to
2857-the employee from any such group plan as shall be consistent
2858-with, and limited to, the provisions of paragraph 2 hereof,
2859-shall be credited to or against any compensation payment for
2860-temporary total incapacity for work or any medical, surgical
2861-or hospital benefits made or to be made under this Act. In such
2862-event, the period of time for giving notice of accidental
2863-injury and filing application for adjustment of claim does not
2864-commence to run until the termination of such payments. This
2865-
2866-
2867-paragraph does not apply to payments made under any group plan
2868-which would have been payable irrespective of an accidental
2869-injury under this Act. Any employer receiving such credit
2870-shall keep such employee safe and harmless from any and all
2871-claims or liabilities that may be made against him by reason of
2872-having received such payments only to the extent of such
2873-credit.
2874-Any excess benefits paid to or on behalf of a State
2875-employee by the State Employees' Retirement System under
2876-Article 14 of the Illinois Pension Code on a death claim or
2877-disputed disability claim shall be credited against any
2878-payments made or to be made by the State of Illinois to or on
2879-behalf of such employee under this Act, except for payments
2880-for medical expenses which have already been incurred at the
2881-time of the award. The State of Illinois shall directly
2882-reimburse the State Employees' Retirement System to the extent
2883-of such credit.
2884-2. Nothing contained in this Act shall be construed to
2885-give the employer or the insurance carrier the right to credit
2886-for any benefits or payments received by the employee other
2887-than compensation payments provided by this Act, and where the
2888-employee receives payments other than compensation payments,
2889-whether as full or partial salary, group insurance benefits,
2890-bonuses, annuities or any other payments, the employer or
2891-insurance carrier shall receive credit for each such payment
2892-only to the extent of the compensation that would have been
2893-
2894-
2895-payable during the period covered by such payment.
2896-3. The extension of time for the filing of an Application
2897-for Adjustment of Claim as provided in paragraph 1 above shall
2898-not apply to those cases where the time for such filing had
2899-expired prior to the date on which payments or benefits
2900-enumerated herein have been initiated or resumed. Provided
2901-however that this paragraph 3 shall apply only to cases
2902-wherein the payments or benefits hereinabove enumerated shall
2903-be received after July 1, 1969.
2904-(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
2905-97-813, eff. 7-13-12.)
31+SB3646 Enrolled- 2 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 2 - LRB103 39475 SPS 69670 b
32+ SB3646 Enrolled - 2 - LRB103 39475 SPS 69670 b
33+1 or to do any part thereof, whether or not the performance of
34+2 the work herein described involves the addition to, or
35+3 fabrication into, any structure, project, development, real
36+4 property or improvement herein described of any material or
37+5 article of merchandise. "Construction" also includes moving
38+6 construction-related materials on the job site to or from the
39+7 job site.
40+8 "Department" means the Department of Labor.
41+9 "Director" means the Director of Labor.
42+10 "District superintendent of schools" means an individual
43+11 employed by a board of education in accordance with Section
44+12 10-21.4 of the School Code and the chief executive officer of a
45+13 school district in a city with over 500,000 inhabitants.
46+14 "Duly authorized agent" means an individual who has been
47+15 designated by a regional or district superintendent of schools
48+16 as his or her agent for the limited purpose of issuing
49+17 employment certificates to minors under the age of 16 and may
50+18 include officials of any public school district, charter
51+19 school, or any State-recognized, non-public school.
52+20 "Employ" means to allow, suffer, or permit to work.
53+21 "Employer" means a person who employs a minor to work.
54+22 "Family" means a group of persons related by blood or
55+23 marriage, including civil partnerships, or whose close
56+24 relationship with each other is considered equivalent to a
57+25 family relationship by the individuals.
58+26 "Minor" means any person under the age of 16.
59+
60+
61+
62+
63+
64+ SB3646 Enrolled - 2 - LRB103 39475 SPS 69670 b
65+
66+
67+SB3646 Enrolled- 3 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 3 - LRB103 39475 SPS 69670 b
68+ SB3646 Enrolled - 3 - LRB103 39475 SPS 69670 b
69+1 "Online platform" means any public-facing website, web
70+2 application, or digital application, including a mobile
71+3 application. "Online platform" includes a social network,
72+4 advertising network, mobile operating system, search engine,
73+5 email service, or Internet access service.
74+6 "Person" means any natural person, individual,
75+7 corporation, business enterprise, or other legal entity,
76+8 either public or private, and any legal successor,
77+9 representative, agent, or agency of that individual,
78+10 corporation, business enterprise, or legal entity.
79+11 "Regional superintendent of schools" means the chief
80+12 administrative officer of an educational service region as
81+13 described in Section 3A-2 of the School Code.
82+14 "School hours" means, for a minor of compulsory school age
83+15 who is enrolled in a public or non-public school that is
84+16 registered with or recognized by the State Board of Education,
85+17 the hours the minor's school is in session. "School hours"
86+18 means, for a minor of compulsory school age who is not enrolled
87+19 in a public or non-public school that is registered with or
88+20 recognized by the State Board of Education, the hours that the
89+21 minor's local public school in the district where the minor
90+22 resides is in session.
91+23 "School issuing officer" means a regional or district
92+24 superintendent of schools, or his or her duly authorized
93+25 agent.
94+26 "Vlog" means content shared on an online platform in
95+
96+
97+
98+
99+
100+ SB3646 Enrolled - 3 - LRB103 39475 SPS 69670 b
101+
102+
103+SB3646 Enrolled- 4 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 4 - LRB103 39475 SPS 69670 b
104+ SB3646 Enrolled - 4 - LRB103 39475 SPS 69670 b
105+1 exchange for compensation.
106+2 "Vlogger" means an individual or family that creates video
107+3 content, performed in Illinois, in exchange for compensation,
108+4 and includes any proprietorship, partnership, company, or
109+5 other corporate entity assuming the name or identity of a
110+6 particular individual or family for the purposes of that
111+7 content creation. "Vlogger" does not include any person under
112+8 the age of 16 who produces his or her own vlogs.
113+9 Section 15. Employment of minors.
114+10 (a) A person shall not employ, allow, or permit a minor to
115+11 work in Illinois unless that work meets the requirements of
116+12 this Act and any rules adopted under this Act.
117+13 (b) A person may employ, allow, or permit a minor 14 or 15
118+14 years of age to work outside of school hours, except at work
119+15 sites prohibited under Section 55, after being issued a
120+16 certificate authorizing that employment.
121+17 (c) A person shall not employ, allow, or permit a minor 13
122+18 years of age or younger to work in any occupation or at any
123+19 work site not explicitly authorized by or exempted from this
124+20 Act.
125+21 Section 20. Exemptions.
126+22 (a) Nothing in this Act applies to the work of a minor
127+23 engaged in agricultural pursuits, except that no minor under
128+24 12 years of age, except members of the farmer's own family who
129+
130+
131+
132+
133+
134+ SB3646 Enrolled - 4 - LRB103 39475 SPS 69670 b
135+
136+
137+SB3646 Enrolled- 5 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 5 - LRB103 39475 SPS 69670 b
138+ SB3646 Enrolled - 5 - LRB103 39475 SPS 69670 b
139+1 live with the farmer at his principal place of residence, at
140+2 any time shall be employed, allowed, or permitted to work in
141+3 any gainful occupation in connection with agriculture, except
142+4 that any minor of 10 years of age or older shall be permitted
143+5 to work in a gainful occupation in connection with agriculture
144+6 during school vacations or outside of school hours.
145+7 (b) Nothing in this Act applies to the work of a minor
146+8 engaged in the sale and distribution of magazines and
147+9 newspapers outside of school hours.
148+10 (c) Nothing in this Act applies a minor's performance of
149+11 household chores or babysitting outside of school hours if
150+12 that work is performed in or about a private residence and not
151+13 in connection with an established business, trade, or
152+14 profession of the person employing, allowing, or permitting
153+15 the minor to perform the activities.
154+16 (d) Nothing in this Act applies to the work of a minor 13
155+17 years of age or older in caddying at a golf course.
156+18 (e) Nothing in this Act applies to a minor 14 or 15 years
157+19 of age who is, under the direction of the minor's school,
158+20 participating in work-based learning programs in accordance
159+21 with the School Code.
160+22 (f) Nothing in this Act prohibits an employer from
161+23 employing, allowing, or permitting a minor 12 or 13 years of
162+24 age to work as an officiant or an assistant instructor of youth
163+25 sports activities for a not-for-profit youth club, park
164+26 district, or municipal parks and recreation department if the
165+
166+
167+
168+
169+
170+ SB3646 Enrolled - 5 - LRB103 39475 SPS 69670 b
171+
172+
173+SB3646 Enrolled- 6 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 6 - LRB103 39475 SPS 69670 b
174+ SB3646 Enrolled - 6 - LRB103 39475 SPS 69670 b
175+1 employer obtains certification as provided for in Section 55
176+2 and:
177+3 (1) the parent or guardian of the minor who is working
178+4 as an officiant or an assistant instructor, or an adult
179+5 designated by the parent or guardian, shall be present at
180+6 the youth sports activity while the minor is working;
181+7 (2) the minor may work as an officiant or an assistant
182+8 instructor for a maximum of 3 hours per day on school days
183+9 and a maximum of 4 hours per day on non-school days;
184+10 (3) the minor shall not exceed 10 hours of officiating
185+11 and working as assistant instructor in any week;
186+12 (4) the minor shall not work later than 9:00 p.m. on
187+13 any day of the week; and
188+14 (5) the participants in the youth sports activity are
189+15 at least 3 years younger than the minor unless an
190+16 individual 16 years of age or older is officiating or
191+17 instructing the same youth sports activity with the minor.
192+18 The failure to satisfy the requirements of this subsection
193+19 may result in the revocation of the minor's employment
194+20 certificate.
195+21 Section 25. Allowable work hours. Except as allowed under
196+22 Section 30, no employer shall employ, allow, or permit a minor
197+23 to work:
198+24 (1) more than 18 hours during a week when school is in
199+25 session;
200+
201+
202+
203+
204+
205+ SB3646 Enrolled - 6 - LRB103 39475 SPS 69670 b
206+
207+
208+SB3646 Enrolled- 7 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 7 - LRB103 39475 SPS 69670 b
209+ SB3646 Enrolled - 7 - LRB103 39475 SPS 69670 b
210+1 (2) more than 40 hours during a week when school is not
211+2 in session;
212+3 (3) more than 8 hours in any single 24-hour period;
213+4 (4) between 7 p.m. and 7 a.m. from Labor Day until June
214+5 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day;
215+6 or
216+7 (5) more than 3 hours per day or more than 8 hours
217+8 total of work and school hours on days when school is in
218+9 session.
219+10 Section 30. Exceptions to allowable work hours.
220+11 (a) An employer may employ, allow, or permit a minor under
221+12 the age of 16 to work a maximum of 8 hours on each Saturday and
222+13 on Sunday during the school year if:
223+14 (1) the minor does not work outside of school hours
224+15 more than 6 consecutive days in any one week; and
225+16 (2) the number of hours worked by the minor outside of
226+17 school hours in any week does not exceed 24.
227+18 (b) A minor working as a live theatrical performer as
228+19 described in Section 45 shall be permitted to work until 11
229+20 p.m. on nights when performances are held.
230+21 (c) A minor under 16 years of age working as a performer as
231+22 described in Section 50 shall be permitted to work until 10
232+23 p.m.
233+24 (d) A park district, not-for-profit youth club, or
234+25 municipal parks and recreation department may allow a minor 14
235+
236+
237+
238+
239+
240+ SB3646 Enrolled - 7 - LRB103 39475 SPS 69670 b
241+
242+
243+SB3646 Enrolled- 8 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 8 - LRB103 39475 SPS 69670 b
244+ SB3646 Enrolled - 8 - LRB103 39475 SPS 69670 b
245+1 years of age or older to work in a recreational or educational
246+2 activity beyond the hours identified in Section 25 as follows:
247+3 (1) From Labor Day until June 1, an employer may allow
248+4 a minor to work until 9 p.m. on school days if the
249+5 following conditions are met:
250+6 (A) the minor does not work more than 3 hours per
251+7 day;
252+8 (B) the minor does not work on more than 2 school
253+9 days in that week; and
254+10 (C) the minor does not work more than 24 total
255+11 hours outside school hours in that week.
256+12 (2) From June 1 to Labor Day, an employer may allow a
257+13 minor to work until 10 p.m. and no earlier than 7 a.m.
258+14 (3) For a minor who attends a school that operates a
259+15 year-round schedule, an employer may allow the minor to
260+16 work until 10 p.m. and no earlier than 7 a.m. during
261+17 periods when school is not in session for the minor. If
262+18 school is in session, then the minor who attends a school
263+19 that operates a year-round schedule may work until 9 p.m.
264+20 on school days and no earlier than 7 a.m., if the following
265+21 conditions are met:
266+22 (A) the minor does not work more than 3 hours per
267+23 day;
268+24 (B) the minor does not work on more than 2 school
269+25 days in that week; and
270+26 (C) the minor does not work more than 24 total
271+
272+
273+
274+
275+
276+ SB3646 Enrolled - 8 - LRB103 39475 SPS 69670 b
277+
278+
279+SB3646 Enrolled- 9 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 9 - LRB103 39475 SPS 69670 b
280+ SB3646 Enrolled - 9 - LRB103 39475 SPS 69670 b
281+1 hours outside school hours in that week.
282+2 Section 35. Employer requirements.
283+3 (a) It shall be unlawful for any person to employ, allow,
284+4 or permit any minor to work unless the minor obtains an
285+5 employment certificate authorizing the minor to work for that
286+6 person. Any person seeking to employ, allow, or permit any
287+7 minor to work shall provide that minor with a notice of
288+8 intention to employ to be submitted by the minor to the minor's
289+9 school issuing officer with the minor's application for an
290+10 employment certificate.
291+11 (b) Every employer of one or more minors shall maintain,
292+12 on the premises where the work is being done, records that
293+13 include the name, date of birth, and place of residence of
294+14 every minor who works for that employer, notice of intention
295+15 to employ the minor, and the minor's employment certificate.
296+16 Authorized officers and employees of the Department, truant
297+17 officers, and other school officials charged with the
298+18 enforcement of school attendance requirements described in
299+19 Section 26-1 of the School Code may inspect the records
300+20 without notice at any time.
301+21 (c) Every employer of minors shall ensure that all minors
302+22 are supervised by an adult 21 years of age or older, on site,
303+23 at all times while the minor is working.
304+24 (d) No person shall employ, allow, or permit any minor to
305+25 work for more than 5 hours continuously without an interval of
306+
307+
308+
309+
310+
311+ SB3646 Enrolled - 9 - LRB103 39475 SPS 69670 b
312+
313+
314+SB3646 Enrolled- 10 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 10 - LRB103 39475 SPS 69670 b
315+ SB3646 Enrolled - 10 - LRB103 39475 SPS 69670 b
316+1 at least 30 minutes for a meal period. No period of less than
317+2 30 minutes shall be deemed to interrupt a continuous period of
318+3 work.
319+4 (e) Every employer who employs one or more minors shall
320+5 post in a conspicuous place where minors are employed,
321+6 allowed, or permitted to work, a notice summarizing the
322+7 requirements of this Act, including a list of the occupations
323+8 prohibited to minors and the Department's toll free telephone
324+9 number described in Section 85. An employer with employees who
325+10 do not regularly report to a physical workplace, such as
326+11 employees who work remotely or travel for work, shall also
327+12 provide the summary and notice by email to its employees or
328+13 conspicuous posting on the employer's website or intranet
329+14 site, if the site is regularly used by the employer to
330+15 communicate work-related information to employees and is able
331+16 to be regularly accessed by all employees, freely and without
332+17 interference. The notice shall be furnished by the Department.
333+18 (f) Every employer, during the period of employment of a
334+19 minor and for 3 years thereafter, shall keep on file, at the
335+20 place of employment, a copy of the employment certificate
336+21 issued for the minor. An employment certificate shall be valid
337+22 only for the employer for whom issued and a new certificate
338+23 shall not be issued for the employment of a minor except on the
339+24 presentation of a new statement of intention to employ the
340+25 minor. The failure of any employer to produce for inspection
341+26 the employment certificate for each minor in the employer's
342+
343+
344+
345+
346+
347+ SB3646 Enrolled - 10 - LRB103 39475 SPS 69670 b
348+
349+
350+SB3646 Enrolled- 11 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 11 - LRB103 39475 SPS 69670 b
351+ SB3646 Enrolled - 11 - LRB103 39475 SPS 69670 b
352+1 establishment shall be a violation of this Act. The Department
353+2 may specify any other record keeping requirements by rule.
354+3 (g) In the event of the work-related death of a minor
355+4 engaged in work subject to this Act, the employer shall,
356+5 within 24 hours, report the death to the Department and to the
357+6 school official who issued the minor's work certificate for
358+7 that employer. In the event of a work-related injury or
359+8 illness of a minor that requires the employer to file a report
360+9 with the Illinois Workers' Compensation Commission under
361+10 Section 6 of the Workers' Compensation Act or Section 6 of the
362+11 Workers' Occupational Diseases Act, the employer shall submit
363+12 a copy of the report to the Department and to the school
364+13 official who issued the minor's work certificate for that
365+14 employer within 72 hours of the deadline by which the employer
366+15 must file the report to the Illinois Workers' Compensation
367+16 Commission. The report shall be subject to the confidentiality
368+17 provisions of Section 6 of the Workers' Compensation Act or
369+18 Section 6 of the Workers' Occupational Diseases Act.
370+19 Section 40. Restrictions on employment of minors.
371+20 (a) No person shall employ, allow, or permit a minor to
372+21 work:
373+22 (1) in any mechanic's garage, including garage pits,
374+23 repairing cars, trucks, or other vehicles or using garage
375+24 lifting racks;
376+25 (2) in the oiling, cleaning, or wiping of machinery or
377+
378+
379+
380+
381+
382+ SB3646 Enrolled - 11 - LRB103 39475 SPS 69670 b
383+
384+
385+SB3646 Enrolled- 12 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 12 - LRB103 39475 SPS 69670 b
386+ SB3646 Enrolled - 12 - LRB103 39475 SPS 69670 b
387+1 shafting;
388+2 (3) in or about any mine or quarry;
389+3 (4) in stone cutting or polishing;
390+4 (5) in any factory work;
391+5 (6) in or about any plant manufacturing explosives or
392+6 articles containing explosive components, or in the use or
393+7 transportation of same;
394+8 (7) in or about plants manufacturing iron or steel,
395+9 ore reduction works, smelters, foundries, forging shops,
396+10 hot rolling mills or any other place in which the heating,
397+11 melting, or heat treatment of metals is carried on;
398+12 (8) in the operation of machinery used in the cold
399+13 rolling of heavy metal stock, or in the operation of
400+14 power-driven punching, shearing, stamping, or metal plate
401+15 bending machines;
402+16 (9) in or about logging, sawmills or lath, shingle, or
403+17 cooperage-stock mills;
404+18 (10) in the operation of power-driven woodworking
405+19 machines, or off-bearing from circular saws;
406+20 (11) in the operation and repair of freight elevators
407+21 or hoisting machines and cranes;
408+22 (12) in spray painting;
409+23 (13) in occupations involving exposure to lead or its
410+24 compounds;
411+25 (14) in occupations involving exposure to acids, dyes,
412+26 chemicals, dust, gases, vapors, or fumes that are known or
413+
414+
415+
416+
417+
418+ SB3646 Enrolled - 12 - LRB103 39475 SPS 69670 b
419+
420+
421+SB3646 Enrolled- 13 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 13 - LRB103 39475 SPS 69670 b
422+ SB3646 Enrolled - 13 - LRB103 39475 SPS 69670 b
423+1 suspected to be dangerous to humans;
424+2 (15) in any occupation subject to the Amusement Ride
425+3 and Attraction Safety Act;
426+4 (16) in oil refineries, gasoline blending plants, or
427+5 pumping stations on oil transmission lines;
428+6 (17) in the operation of laundry, dry cleaning, or
429+7 dyeing machinery;
430+8 (18) in occupations involving exposure to radioactive
431+9 substances;
432+10 (19) in or about any filling station or service
433+11 station, except that this prohibition does not extend to
434+12 employment within attached convenience stores, food
435+13 service, or retail establishments;
436+14 (20) in construction work, including demolition and
437+15 repair;
438+16 (21) in any energy generation or transmission service;
439+17 (22) in public and private utilities and related
440+18 services;
441+19 (23) in operations in or in connection with
442+20 slaughtering, meat packing, poultry processing, and fish
443+21 and seafood processing;
444+22 (24) in operations which involve working on an
445+23 elevated surface, with or without use of equipment,
446+24 including, but not limited to, ladders and scaffolds;
447+25 (25) in security positions or any occupations that
448+26 require the use or carrying of a firearm or other weapon;
449+
450+
451+
452+
453+
454+ SB3646 Enrolled - 13 - LRB103 39475 SPS 69670 b
455+
456+
457+SB3646 Enrolled- 14 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 14 - LRB103 39475 SPS 69670 b
458+ SB3646 Enrolled - 14 - LRB103 39475 SPS 69670 b
459+1 (26) in occupations which involve the handling or
460+2 storage of human blood, human blood products, human body
461+3 fluids, or human body tissues;
462+4 (27) in any mill, cannery, factory, workshop, or coal,
463+5 brick, or lumber yard;
464+6 (28) any occupation which is prohibited for minors
465+7 under federal law; or
466+8 (29) in any other occupation or working condition
467+9 determined by the Director to be hazardous.
468+10 (b) No person shall employ, allow, or permit a minor to
469+11 work at:
470+12 (1) any cannabis business establishment subject to the
471+13 Cannabis Regulation and Tax Act or Compassionate Use of
472+14 Medical Cannabis Program Act;
473+15 (2) any establishment subject to the Live Adult
474+16 Entertainment Facility Surcharge Act;
475+17 (3) any firearm range or gun range used for
476+18 discharging a firearm in a sporting event, for practice or
477+19 instruction in the use of a firearm, or the testing of a
478+20 firearm;
479+21 (4) any establishment in which items containing
480+22 alcohol for consumption are manufactured, distilled,
481+23 brewed, or bottled;
482+24 (5) any establishment where the primary activity is
483+25 the sale of alcohol or tobacco;
484+26 (6) an establishment operated by any holder of an
485+
486+
487+
488+
489+
490+ SB3646 Enrolled - 14 - LRB103 39475 SPS 69670 b
491+
492+
493+SB3646 Enrolled- 15 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 15 - LRB103 39475 SPS 69670 b
494+ SB3646 Enrolled - 15 - LRB103 39475 SPS 69670 b
495+1 owners license subject to the Illinois Gambling Act; or
496+2 (7) any other establishment which State or federal law
497+3 prohibits minors from entering or patronizing.
498+4 (c) An employer shall not allow minors to draw, mix, pour,
499+5 or serve any item containing alcohol or otherwise handle any
500+6 open containers of alcohol. An employer shall make reasonable
501+7 efforts to ensure that minors are unable to access alcohol.
502+8 (d) An employer may allow minors aged 14 and 15 to work in
503+9 retail stores, except that an employer shall not allow minors
504+10 to handle or be able to access any goods or products which are
505+11 illegal for minors to purchase or possess.
506+12 (e) No person shall employ, allow, or permit an unlicensed
507+13 minor to perform work in the practice of barber, cosmetology,
508+14 esthetics, hair braiding, and nail technology services
509+15 requiring a license under the Barber, Cosmetology, Esthetics,
510+16 Hair Braiding, and Nail Technology Act of 1985, except for
511+17 students enrolled in a school and performing barber,
512+18 cosmetology, esthetics, hair braiding, and nail technology
513+19 services in accordance with that Act and rules adopted under
514+20 that Act.
515+21 (f) A person may employ, allow, or permit a minor to
516+22 perform office or administrative support work that does not
517+23 expose the minor to the work prohibited in this Section.
518+24 Section 45. Minors employed in live theatrical
519+25 performances. In addition to the other requirements of this
520+
521+
522+
523+
524+
525+ SB3646 Enrolled - 15 - LRB103 39475 SPS 69670 b
526+
527+
528+SB3646 Enrolled- 16 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 16 - LRB103 39475 SPS 69670 b
529+ SB3646 Enrolled - 16 - LRB103 39475 SPS 69670 b
530+1 Act, an employer of a minor working in live theatrical
531+2 performances, including plays, musicals, recitals, or
532+3 concerts, is subject to the following requirements:
533+4 (1) An employer shall not allow a minor to work in more
534+5 than 2 performances in any 24-hour period.
535+6 (2) An employer shall not allow a minor to work in more
536+7 than 8 performances in any 7-day period or 9 performances
537+8 if a State holiday occurs during that 7-day period.
538+9 (3) A minor shall be accompanied by a parent,
539+10 guardian, or chaperone at all times while at the work
540+11 site.
541+12 (4) A minor shall not work, including performing,
542+13 rehearsing, or otherwise being present at the work site,
543+14 in connection with the performance, for more than 8 hours
544+15 in any 24-hour period, more than 6 days in any 7-day
545+16 period, more than 24 hours in any 7-day period, or after 11
546+17 p.m. on any night.
547+18 (5) A minor shall not be excused from attending school
548+19 except as authorized by Section 26-1 of the School Code.
549+20 Section 50. Minors employed in live or pre-recorded,
550+21 distributed, broadcast performances and modeling.
551+22 (a) Notwithstanding the provisions of this Act, minors
552+23 under 16 years of age may be employed as models or performers
553+24 on live or pre-recorded radio or television, in motion
554+25 pictures, or in other entertainment-related performances,
555+
556+
557+
558+
559+
560+ SB3646 Enrolled - 16 - LRB103 39475 SPS 69670 b
561+
562+
563+SB3646 Enrolled- 17 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 17 - LRB103 39475 SPS 69670 b
564+ SB3646 Enrolled - 17 - LRB103 39475 SPS 69670 b
565+1 subject to conditions that may be imposed by rule by the
566+2 Department.
567+3 (b) A child performer who works in a television, motion
568+4 picture, or related entertainment production may be permitted
569+5 to be at the place of employment, within a 24-hour time period,
570+6 as follows:
571+7 (1) Minors who have reached the age of 15 days but have
572+8 not reached the age of 6 months may be permitted to remain
573+9 at the place of employment for a maximum of 2 hours. The
574+10 2-hour period shall consist of not more than 20 minutes of
575+11 work.
576+12 (2) Minors who have reached the age of 6 months but who
577+13 have not attained the age of 2 years may be permitted at
578+14 the place of employment for a maximum of 4 hours. The
579+15 4-hour period shall consist of not more than 2 hours of
580+16 work with the balance of the 4-hour period being rest and
581+17 recreation.
582+18 (3) Minors who have reached the age of 2 years but who
583+19 have not attained the age of 6 years may be permitted at
584+20 the place of employment for a maximum of 6 hours. The
585+21 6-hour period shall consist of not more than 3 hours of
586+22 work with the balance of the 6-hour period being rest,
587+23 recreation, and education.
588+24 (4) Minors who have reached the age of 6 years but have
589+25 not attained the age of 9 years may be permitted at the
590+26 place of employment for a maximum of 8 hours. The 8-hour
591+
592+
593+
594+
595+
596+ SB3646 Enrolled - 17 - LRB103 39475 SPS 69670 b
597+
598+
599+SB3646 Enrolled- 18 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 18 - LRB103 39475 SPS 69670 b
600+ SB3646 Enrolled - 18 - LRB103 39475 SPS 69670 b
601+1 period shall consist of not more than 4 hours of work and
602+2 at least 3 hours of schooling when the minor's school is in
603+3 session. The studio teacher shall ensure that the minor
604+4 receives up to one hour of rest and recreation. On days
605+5 when the minor's school is not in session, working hours
606+6 may be a maximum of 6 hours and one hour of rest and
607+7 recreation.
608+8 (5) Minors who have reached the age of 9 years but who
609+9 have not attained the age of 16 years may be permitted at
610+10 the place of employment for a maximum of 9 hours. The
611+11 9-hour period shall consist of not more than 5 hours of
612+12 work and at least 3 hours of schooling when the minor's
613+13 school is in session. The studio teacher shall ensure that
614+14 the minor receives at least one hour of rest and
615+15 recreation. On days when the minor's school is not in
616+16 session, working hours may be a maximum of 7 hours and one
617+17 hour of rest and recreation.
618+18 (c) Notwithstanding the provisions of this Act, an
619+19 employer who employs a minor under 16 years of age in a
620+20 television, motion picture, or related entertainment
621+21 production may allow the minor to work until 10 p.m. without
622+22 seeking a waiver from the Department. An employer may apply to
623+23 the Director, or the Director's authorized representative, for
624+24 a waiver permitting a minor to work outside of the hours
625+25 allowed by this Act.
626+26 (1) A waiver request for a minor to work between 10
627+
628+
629+
630+
631+
632+ SB3646 Enrolled - 18 - LRB103 39475 SPS 69670 b
633+
634+
635+SB3646 Enrolled- 19 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 19 - LRB103 39475 SPS 69670 b
636+ SB3646 Enrolled - 19 - LRB103 39475 SPS 69670 b
637+1 p.m. and 12:30 a.m. or between 5 a.m. and 7 a.m. shall be
638+2 granted if the Director, or the Director's authorized
639+3 representative, is satisfied that all of the following
640+4 conditions are met:
641+5 (A) the employment shall not be detrimental to the
642+6 health or welfare of the minor;
643+7 (B) the minor shall be supervised adequately;
644+8 (C) the education of the minor shall not be
645+9 neglected; and
646+10 (D) the total number of hours to be worked that day
647+11 and week is not over the limits established in this Act
648+12 or any rules adopted under this Act.
649+13 (2) A waiver request for a minor to work between 12:30
650+14 a.m. and 5 a.m. shall be granted if the Director, or the
651+15 Director's authorized representative, is satisfied that
652+16 all of the following conditions are met:
653+17 (A) the employment shall not be detrimental to the
654+18 health or welfare of the minor;
655+19 (B) the minor shall be supervised adequately;
656+20 (C) the education of the minor shall not be
657+21 jeopardized;
658+22 (D) performance by the minor during that time is
659+23 critical to the success of the production, as
660+24 demonstrated by true and accurate statements by the
661+25 employer that filming cannot be completed at any other
662+26 time of day;
663+
664+
665+
666+
667+
668+ SB3646 Enrolled - 19 - LRB103 39475 SPS 69670 b
669+
670+
671+SB3646 Enrolled- 20 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 20 - LRB103 39475 SPS 69670 b
672+ SB3646 Enrolled - 20 - LRB103 39475 SPS 69670 b
673+1 (E) the filming primarily requires exterior
674+2 footage of sunset, nighttime, or dawn;
675+3 (F) the filming is scheduled on the most optimal
676+4 day of the week for the minor's schooling;
677+5 (G) the employer provides a schedule to the
678+6 Department of schooling and rest periods on the day
679+7 before, the day of, and the day after the overnight
680+8 hours to be worked;
681+9 (H) the age of the minor is taken into account as
682+10 provided by this Act or any rules adopted under this
683+11 Act;
684+12 (I) the total number of hours to be worked that day
685+13 and week is not over the limits established in this Act
686+14 or any rules adopted under this Act; and
687+15 (J) the waiver request was received by the
688+16 Department at least 72 hours prior to the overnight
689+17 hours to be worked.
690+18 (d) An employer applying for the waiver shall submit to
691+19 the Director, or the Director's authorized representative, a
692+20 completed application on the form that the Director provides.
693+21 The waiver shall contain signatures that show the consent of a
694+22 parent or legal guardian of the minor, the employer, and an
695+23 authorized representative of a collective bargaining unit if a
696+24 collective bargaining unit represents the minor upon
697+25 employment.
698+
699+
700+
701+
702+
703+ SB3646 Enrolled - 20 - LRB103 39475 SPS 69670 b
704+
705+
706+SB3646 Enrolled- 21 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 21 - LRB103 39475 SPS 69670 b
707+ SB3646 Enrolled - 21 - LRB103 39475 SPS 69670 b
708+1 Section 55. Employment certificates.
709+2 (a) Any employer who employs, allows, or permits a minor
710+3 to work shall ensure that the minor holds a valid employment
711+4 certificate issued by a school issuing officer.
712+5 (b) An application for an employment certificate must be
713+6 submitted by the minor and the minor's parent or legal
714+7 guardian to the minor's school issuing officer as follows.
715+8 (1) The application shall be signed by the applicant's
716+9 parent or legal guardian.
717+10 (2) The application shall be submitted in person by
718+11 the minor desiring employment, unless the school issuing
719+12 officer determines that the minor may utilize a remote
720+13 application process.
721+14 (3) The minor shall be accompanied by his or her
722+15 parent, guardian, or custodian, whether applying in person
723+16 or remotely.
724+17 (4) The following papers shall be submitted with the
725+18 application:
726+19 (A) A statement of intention to employ signed by
727+20 the prospective employer, or by someone duly
728+21 authorized by the prospective employer, setting forth
729+22 the specific nature of the occupation in which the
730+23 prospective employer intends to employ the minor and
731+24 the exact hours of the day and number of hours per day
732+25 and days per week during which the minor shall be
733+26 employed.
734+
735+
736+
737+
738+
739+ SB3646 Enrolled - 21 - LRB103 39475 SPS 69670 b
740+
741+
742+SB3646 Enrolled- 22 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 22 - LRB103 39475 SPS 69670 b
743+ SB3646 Enrolled - 22 - LRB103 39475 SPS 69670 b
744+1 (B) Evidence of age showing that the minor is of
745+2 the age required by this Act, which evidence shall be
746+3 documentary, and shall be required in the order
747+4 designated, as follows:
748+5 (i) a birth certificate; or
749+6 (ii) if a birth certificate is unavailable,
750+7 the parent or legal guardian may present other
751+8 reliable proof of the minor's identity and age
752+9 that is supported by a sworn statement explaining
753+10 why the birth certificate is not available. Other
754+11 reliable proof of the minor's identity and age
755+12 includes a passport, visa, or other governmental
756+13 documentation of the minor's identity. If the
757+14 student was not born in the United States, the
758+15 school issuing officer must accept birth
759+16 certificates or other reliable proof from a
760+17 foreign government.
761+18 (C) A statement on a form approved by the
762+19 Department and signed by the school issuing officer,
763+20 showing the minor's name, address, grade last
764+21 completed, the hours the minor's school is in session,
765+22 and other relevant information, as determined by the
766+23 school issuing officer, about the minor's school
767+24 schedule, and the names of the minor's parent or legal
768+25 guardian. If any of the information required to be on
769+26 the work permit changes, the issuing officer must
770+
771+
772+
773+
774+
775+ SB3646 Enrolled - 22 - LRB103 39475 SPS 69670 b
776+
777+
778+SB3646 Enrolled- 23 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 23 - LRB103 39475 SPS 69670 b
779+ SB3646 Enrolled - 23 - LRB103 39475 SPS 69670 b
780+1 update the work permit and provide an updated copy to
781+2 the Department, the minor's employer, and the minor's
782+3 parent or legal guardian. If the minor does not have a
783+4 permanent home address or is otherwise eligible for
784+5 services under the federal McKinney-Vento Homeless
785+6 Assistance Act, the lack of a birth certificate or
786+7 permanent home address alone shall not be a barrier to
787+8 receiving an employment certificate.
788+9 (D) A statement of physical fitness signed by a
789+10 health care professional who has examined the minor,
790+11 certifying that the minor is physically fit to be
791+12 employed in all legal occupations or to be employed in
792+13 legal occupations under limitations specified, or, at
793+14 the discretion of the school issuing officer, the
794+15 minor's most recent school physical. If the statement
795+16 of physical fitness is limited, the employment
796+17 certificate issued thereon shall state clearly the
797+18 limitations upon its use, and shall be valid only when
798+19 used under the limitations so stated. In any case
799+20 where the health care professional deems it advisable
800+21 that he or she may issue a certificate of physical
801+22 fitness for a specified period of time, at the
802+23 expiration of which the person for whom it was issued
803+24 shall appear and be re-examined before being permitted
804+25 to continue work. Examinations shall be made in
805+26 accordance with the standards and procedures
806+
807+
808+
809+
810+
811+ SB3646 Enrolled - 23 - LRB103 39475 SPS 69670 b
812+
813+
814+SB3646 Enrolled- 24 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 24 - LRB103 39475 SPS 69670 b
815+ SB3646 Enrolled - 24 - LRB103 39475 SPS 69670 b
816+1 prescribed by the Director, in consultation with the
817+2 Director of the Department of Public Health and the
818+3 State Superintendent of Education, and shall be
819+4 recorded on a form furnished by the Department. When
820+5 made by public health or public school physicians, the
821+6 examination shall be made without charge to the minor.
822+7 If a public health or public school health care
823+8 professional is not available, a statement from a
824+9 private health care professional who has examined the
825+10 minor may be accepted, provided that the examination
826+11 is made in accordance with the standards and
827+12 procedures established by the Department. For purposes
828+13 of this paragraph, "health care professional" means a
829+14 physician licensed to practice medicine in all its
830+15 branches, a licensed advanced practice registered
831+16 nurse, or a licensed physician assistant.
832+17 (5) The school issuing officer shall have authority to
833+18 verify the representations provided in the employment
834+19 certificate application as required by Section 55. A
835+20 school issuing officer shall not charge a fee for the
836+21 consideration of an employment certificate application.
837+22 (6) It shall be the duty of the school board or local
838+23 school authority to designate a place or places where
839+24 certificates shall be issued and recorded, and physical
840+25 examinations made without fee, and to establish and
841+26 maintain the necessary records and clerical services for
842+
843+
844+
845+
846+
847+ SB3646 Enrolled - 24 - LRB103 39475 SPS 69670 b
848+
849+
850+SB3646 Enrolled- 25 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 25 - LRB103 39475 SPS 69670 b
851+ SB3646 Enrolled - 25 - LRB103 39475 SPS 69670 b
852+1 carrying out the provisions of this Act.
853+2 (c) Upon receipt of an application for an employment
854+3 certificate, a school issuing officer shall issue an
855+4 employment certificate only after examining and approving the
856+5 written application and other papers required under this
857+6 Section, and determining that the employment shall not be
858+7 detrimental to the minor's health, welfare, and education. The
859+8 school issuing officer shall consider any report of death,
860+9 injury, or illness of a minor at that workplace, received
861+10 under the requirements of Section 35, in the prior 2 years in
862+11 determining whether the employment shall be detrimental to the
863+12 minor's health, welfare, and education. Upon issuing an
864+13 employment certificate to a minor, the school issuing officer
865+14 shall notify the principal of the school attended by the
866+15 minor, and provide copies to the Department, the minor's
867+16 employer, and the minor's parent or legal guardian. The
868+17 employment certificate shall be valid for a period of one year
869+18 from the date of issuance, unless suspended or revoked.
870+19 (d) If the school issuing officer refuses to issue a
871+20 certificate to a minor, the school issuing officer shall send
872+21 to the principal of the school attended by the minor a notice
873+22 of the refusal, including the name and address of the minor and
874+23 of the minor's parent or legal guardian, and the reason for the
875+24 refusal to issue the certificate.
876+25 (e) If a minor from another state seeks to obtain an
877+26 Illinois employment certificate, the Department shall work
878+
879+
880+
881+
882+
883+ SB3646 Enrolled - 25 - LRB103 39475 SPS 69670 b
884+
885+
886+SB3646 Enrolled- 26 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 26 - LRB103 39475 SPS 69670 b
887+ SB3646 Enrolled - 26 - LRB103 39475 SPS 69670 b
888+1 with the State Superintendent of Education, or his or her duly
889+2 authorized agents, to issue the certificate if the State
890+3 Superintendent of Education deems that all requirements for
891+4 issuance have been met.
892+5 (f) Upon request, the school issuing officer shall issue a
893+6 certificate of age to any person between 16 and 20 years of age
894+7 upon presentation of the same proof of age as is required for
895+8 the issuance of employment certificates under this Act.
896+9 (g) Any certificate duly issued in accordance with this
897+10 Act shall be prima facie evidence of the age of the minor for
898+11 whom issued in any proceeding involving the employment of the
899+12 minor under this Act, as to any act occurring subsequent to its
900+13 issuance, or until revoked.
901+14 (h) The Department may suspend any certificate as an
902+15 emergency action imperatively required for the health, safety,
903+16 welfare, or education of the minor if:
904+17 (1) the parent or legal guardian of a minor, the
905+18 school issuing officer, or the principal of the school
906+19 attended by the minor for whom an employment certificate
907+20 has been issued has asked for the revocation of the
908+21 certificate by petition to the Department in writing,
909+22 stating the reasons he or she believes that the employment
910+23 is interfering with the health, safety, welfare, or
911+24 education of the minor; or
912+25 (2) in the judgment of the Director, the employment
913+26 certificate was improperly issued or if the minor is
914+
915+
916+
917+
918+
919+ SB3646 Enrolled - 26 - LRB103 39475 SPS 69670 b
920+
921+
922+SB3646 Enrolled- 27 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 27 - LRB103 39475 SPS 69670 b
923+ SB3646 Enrolled - 27 - LRB103 39475 SPS 69670 b
924+1 illegally employed.
925+2 If the certificate is suspended, the Department shall
926+3 notify the employer of the minor, the parent or guardian of the
927+4 minor, the minor's school principal, and the school issuing
928+5 officer of the suspension in writing and shall schedule an
929+6 administrative hearing to take place within 21 days after the
930+7 date of any suspension. The minor shall not thereafter be
931+8 employed, allowed, or permitted to work unless and until his
932+9 or her employment certificate has been reinstated. After the
933+10 hearing, an administrative law judge shall issue a final order
934+11 either reinstating or revoking the employment certificate. If
935+12 the certificate is revoked, the employer shall not thereafter
936+13 employ, permit, or allow the minor to work until the minor has
937+14 obtained a new employment certificate authorizing the minor's
938+15 employment by that employer.
939+16 Section 57. Prohibition on retaliation.
940+17 (a) An employer, or agent or officer of an employer,
941+18 violates this Act if he or she takes an adverse action against,
942+19 or in any other manner discriminates against, any person
943+20 because that person has:
944+21 (1) exercised a right under this Act;
945+22 (2) made a complaint to the minor's employer or to the
946+23 Director, or the Director's authorized representative;
947+24 (3) caused to be instituted or is about to cause to be
948+25 instituted any proceeding under or related to this Act;
949+
950+
951+
952+
953+
954+ SB3646 Enrolled - 27 - LRB103 39475 SPS 69670 b
955+
956+
957+SB3646 Enrolled- 28 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 28 - LRB103 39475 SPS 69670 b
958+ SB3646 Enrolled - 28 - LRB103 39475 SPS 69670 b
959+1 (4) participated in or cooperated with an
960+2 investigation or proceeding under this Act; or
961+3 (5) testified or is about to testify in an
962+4 investigation or proceeding under this Act.
963+5 (b) An employer, or agent or officer of an employer, does
964+6 not violate this Act if he or she discharges a minor from
965+7 employment because the employment was found to be unlawful or
966+8 the Department suspended or revoked the minor's employment
967+9 certificate.
968+10 Section 60. Department powers.
969+11 (a) The Department shall make, adopt, and enforce
970+12 reasonable rules relating to the administration and
971+13 enforcement of the provisions of this Act, including the
972+14 issuance of employment certificates authorized under this Act,
973+15 as may be deemed expedient. The rules shall be designed to
974+16 protect the health, safety, welfare, and education of minors
975+17 and to ensure that the conditions under which minors are
976+18 employed, allowed, or permitted to work shall not impair their
977+19 health, welfare, development, or education.
978+20 (b) In order to promote uniformity and efficiency of
979+21 issuance, the Department shall, in consultation with the State
980+22 Superintendent of Education, formulate the forms on which
981+23 certificates shall be issued and also forms needed in
982+24 connection with the issuance, and it shall supply the forms to
983+25 the school issuing officers.
984+
985+
986+
987+
988+
989+ SB3646 Enrolled - 28 - LRB103 39475 SPS 69670 b
990+
991+
992+SB3646 Enrolled- 29 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 29 - LRB103 39475 SPS 69670 b
993+ SB3646 Enrolled - 29 - LRB103 39475 SPS 69670 b
994+1 Section 65. Investigation.
995+2 (a) It shall be the duty of the Department to enforce the
996+3 provisions of this Act. The Department shall have the power to
997+4 conduct investigations in connection with the administration
998+5 and enforcement of this Act and the authorized officers and
999+6 employees of the Department are hereby authorized and
1000+7 empowered, to visit and inspect, at all reasonable times and
1001+8 as often as possible, all places covered by this Act.
1002+9 (b) The Director, or the Director's authorized
1003+10 representative, may compel by subpoena, the attendance and
1004+11 testimony of witnesses and the production of books, payrolls,
1005+12 records, papers, and other evidence in any investigation or
1006+13 hearing and may administer oaths to witnesses.
1007+14 (c) No employer may interfere with or obstruct an
1008+15 investigation conducted under this Act.
1009+16 Section 70. Enforcement.
1010+17 (a) The Department shall conduct hearings in accordance
1011+18 with the Illinois Administrative Procedure Act if, upon
1012+19 investigation, the Department finds cause to believe the Act,
1013+20 or any rules adopted thereunder, has been violated; or to
1014+21 consider whether to reinstate or revoke a minor's employment
1015+22 certificate in accordance with Section 55.
1016+23 (b) After the hearing, if supported by the evidence, the
1017+24 Department may issue and cause to be served on any party an
1018+
1019+
1020+
1021+
1022+
1023+ SB3646 Enrolled - 29 - LRB103 39475 SPS 69670 b
1024+
1025+
1026+SB3646 Enrolled- 30 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 30 - LRB103 39475 SPS 69670 b
1027+ SB3646 Enrolled - 30 - LRB103 39475 SPS 69670 b
1028+1 order to cease and desist from violation of the Act, take
1029+2 further affirmative or other action as deemed reasonable to
1030+3 eliminate the effect of the violation, and may revoke any
1031+4 certificate issued under the Act and determine the amount of
1032+5 any civil penalty allowed by the Act. The Department may serve
1033+6 orders by certified mail or by sending a copy by email to an
1034+7 email address previously designated by the party for purposes
1035+8 of receiving notice under this Act. An email address provided
1036+9 by the party in the course of the administrative proceeding
1037+10 shall not be used in any subsequent proceedings, unless the
1038+11 party designates that email address for the subsequent
1039+12 proceeding.
1040+13 (c) Any party to a proceeding under the Act may apply for
1041+14 and obtain judicial review of an order of the Department
1042+15 entered under this Act in accordance with the provisions of
1043+16 the Administrative Review Law, and the Department in
1044+17 proceedings under this Section may obtain an order of court
1045+18 for the enforcement of its order.
1046+19 (d) Whenever it appears that any employer has violated a
1047+20 valid order of the Department issued under this Act, the
1048+21 Director may commence an action and obtain from the court an
1049+22 order upon the employer commanding them to obey the order of
1050+23 the Department or be adjudged guilty of contempt of court and
1051+24 punished accordingly.
1052+25 Section 75. Civil penalties.
1053+
1054+
1055+
1056+
1057+
1058+ SB3646 Enrolled - 30 - LRB103 39475 SPS 69670 b
1059+
1060+
1061+SB3646 Enrolled- 31 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 31 - LRB103 39475 SPS 69670 b
1062+ SB3646 Enrolled - 31 - LRB103 39475 SPS 69670 b
1063+1 (a) Any person employing, allowing, or permitting a minor
1064+2 to work who violates any of the provisions of this Act or any
1065+3 rule adopted under the Act shall be subject to civil penalties
1066+4 as follows:
1067+5 (1) if a minor dies while working for an employer who
1068+6 is found by the Department to have been employing,
1069+7 allowing, or permitting the minor to work in violation of
1070+8 this Act, the employer is subject to a penalty not to
1071+9 exceed $60,000, payable to the Department;
1072+10 (2) if a minor receives an illness or an injury that is
1073+11 required to be reported to the Department under Section 35
1074+12 while working for an employer who is found by the
1075+13 Department to have been employing, allowing, or permitting
1076+14 the minor to work in violation of this Act, the employer is
1077+15 subject to a penalty not to exceed $30,000, payable to the
1078+16 Department;
1079+17 (3) an employer who employs, allows, or permits a
1080+18 minor to work in violation of Section 40 shall be subject
1081+19 to a penalty not to exceed $15,000, payable to the
1082+20 Department;
1083+21 (4) an employer who fails to post or provide the
1084+22 required notice under subsection (g) of Section 35 shall
1085+23 be subject to a penalty not to exceed $500, payable to the
1086+24 Department; and
1087+25 (5) an employer who commits any other violation of
1088+26 this Act shall be subject to a penalty not to exceed
1089+
1090+
1091+
1092+
1093+
1094+ SB3646 Enrolled - 31 - LRB103 39475 SPS 69670 b
1095+
1096+
1097+SB3646 Enrolled- 32 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 32 - LRB103 39475 SPS 69670 b
1098+ SB3646 Enrolled - 32 - LRB103 39475 SPS 69670 b
1099+1 $10,000, payable to the Department.
1100+2 In determining the amount of the penalty, the
1101+3 appropriateness of the penalty to the size of the business of
1102+4 the employer charged and the gravity of the violation shall be
1103+5 considered.
1104+6 Each day during which any violation of this Act continues
1105+7 shall constitute a separate and distinct offense, and the
1106+8 employment of any minor in violation of the Act shall, with
1107+9 respect to each minor so employed, constitute a separate and
1108+10 distinct offense.
1109+11 (b) Any administrative determination by the Department of
1110+12 the amount of each penalty shall be final unless reviewed as
1111+13 provided in Section 70.
1112+14 (c) The amount of the penalty, when finally determined,
1113+15 may be recovered in a civil action brought by the Director in
1114+16 any circuit court, in which litigation the Director shall be
1115+17 represented by the Attorney General. In an action brought by
1116+18 the Department, the Department may request, and the Court may
1117+19 impose on a defendant employer, an additional civil penalty of
1118+20 up to an amount equal to the penalties assessed by the
1119+21 Department to be distributed to an impacted minor. In an
1120+22 action concerning multiple minors, any such penalty imposed by
1121+23 the Court shall be distributed equally among the minors
1122+24 employed in violation of this Act by the defendant employer.
1123+25 (d) Penalties recovered under this Section shall be paid
1124+26 by certified check, money order, or by an electronic payment
1125+
1126+
1127+
1128+
1129+
1130+ SB3646 Enrolled - 32 - LRB103 39475 SPS 69670 b
1131+
1132+
1133+SB3646 Enrolled- 33 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 33 - LRB103 39475 SPS 69670 b
1134+ SB3646 Enrolled - 33 - LRB103 39475 SPS 69670 b
1135+1 system designated by the Department, and deposited into the
1136+2 Child Labor and Day and Temporary Labor Services Enforcement
1137+3 Fund, a special fund in the State treasury. Moneys in the Fund
1138+4 shall be used, subject to appropriation, for exemplary
1139+5 programs, demonstration projects, and other activities or
1140+6 purposes related to the enforcement of this Act or for the
1141+7 activities or purposes related to the enforcement of the Day
1142+8 and Temporary Labor Services Act, or for the activities or
1143+9 purposes related to the enforcement of the Private Employment
1144+10 Agency Act.
1145+11 Section 80. Criminal penalties.
1146+12 (a) Any person who engages in any of the following
1147+13 activities shall be guilty of a Class A misdemeanor and shall
1148+14 be subject to a civil penalty of no less than $500 and no more
1149+15 than $2,500:
1150+16 (1) employs, allows, or permits any minor to work in
1151+17 violation of this Act, or of any rule, order, or ruling
1152+18 issued under the provisions of this Act;
1153+19 (2) obstructs the Department, its inspectors or
1154+20 deputies, or any other person authorized to inspect places
1155+21 of employment under this Act; or
1156+22 (3) willfully fails to comply with the provisions of
1157+23 this Act.
1158+24 (b) Whenever in the opinion of the Department a violation
1159+25 of this Act has occurred, it shall report the violation to the
1160+
1161+
1162+
1163+
1164+
1165+ SB3646 Enrolled - 33 - LRB103 39475 SPS 69670 b
1166+
1167+
1168+SB3646 Enrolled- 34 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 34 - LRB103 39475 SPS 69670 b
1169+ SB3646 Enrolled - 34 - LRB103 39475 SPS 69670 b
1170+1 Attorney General who shall prosecute all violations reported.
1171+2 (c) The amount of the penalty, when finally determined,
1172+3 shall be ordered by the court, in an action brought for a
1173+4 criminal violation, to be paid to the Department.
1174+5 (d) Penalties recovered under this Section shall be paid
1175+6 into the Child Labor and Day and Temporary Labor Services
1176+7 Enforcement Fund.
1177+8 Section 85. Department reporting and outreach.
1178+9 (a) The Department shall maintain a toll-free telephone
1179+10 number to facilitate information requests concerning the
1180+11 issuance of certificates under this Act and the reporting of
1181+12 violations of this Act.
1182+13 (b) The Department shall conduct ongoing outreach and
1183+14 education efforts concerning this Act targeted toward school
1184+15 districts, employers, and other appropriate community
1185+16 organizations. The Department shall, to the extent possible,
1186+17 coordinate these outreach and education activities with other
1187+18 appropriate local, State, and federal agencies.
1188+19 (c) The Department shall file with the General Assembly,
1189+20 no later than January 1 each year, a report of its activities
1190+21 regarding administration and enforcement of this Act for the
1191+22 preceding fiscal year.
1192+23 Section 90. Child performers; trust fund.
1193+24 (a) As used in this Section:
1194+
1195+
1196+
1197+
1198+
1199+ SB3646 Enrolled - 34 - LRB103 39475 SPS 69670 b
1200+
1201+
1202+SB3646 Enrolled- 35 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 35 - LRB103 39475 SPS 69670 b
1203+ SB3646 Enrolled - 35 - LRB103 39475 SPS 69670 b
1204+1 "Artistic or creative services" includes, but is not
1205+2 limited to, services as: an actor, actress, dancer, musician,
1206+3 comedian, singer, stunt person, voice-over artist, runway or
1207+4 print model, other performer or entertainer, songwriter,
1208+5 musical producer, arranger, writer, director, producer,
1209+6 production executive, choreographer, composer, conductor, or
1210+7 designer.
1211+8 "Child performer" means an unemancipated person under the
1212+9 age of 16 who is employed in this State and who agrees to
1213+10 render artistic or creative services.
1214+11 (b) In addition to the requirements of Section 55, the
1215+12 person authorized to issue employment certificates must
1216+13 determine that a trust account, established by the child
1217+14 performer's parent or guardian, that meets the requirements of
1218+15 subsection (c) has been established designating the minor as
1219+16 the beneficiary of the trust account before an employment
1220+17 certificate for work as a child performer may be issued for a
1221+18 minor under the age of 16 years. The person authorized to issue
1222+19 employment certificates shall issue a temporary employment
1223+20 certificate having a duration of not more than 15 days without
1224+21 the establishment of a trust fund to permit a minor to provide
1225+22 artistic or creative services. No more than one temporary
1226+23 employment certificate may be issued for each child performer.
1227+24 The Department shall prescribe the form in which temporary
1228+25 employment certificates shall be issued and shall make the
1229+26 forms available on its website.
1230+
1231+
1232+
1233+
1234+
1235+ SB3646 Enrolled - 35 - LRB103 39475 SPS 69670 b
1236+
1237+
1238+SB3646 Enrolled- 36 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 36 - LRB103 39475 SPS 69670 b
1239+ SB3646 Enrolled - 36 - LRB103 39475 SPS 69670 b
1240+1 (c) A trust account subject to this Section must provide,
1241+2 at a minimum, the following:
1242+3 (1) that at least 15% of the gross earnings of the
1243+4 child performer shall be deposited into the account;
1244+5 (2) that the funds in the account shall be available
1245+6 only to the child performer;
1246+7 (3) that the account shall be held by a bank,
1247+8 corporate fiduciary, or trust company, as those terms are
1248+9 defined in the Corporate Fiduciary Act;
1249+10 (4) that the funds in the account shall become
1250+11 available to the child performer upon the child performer
1251+12 attaining the age of 18 years or upon the child performer
1252+13 being declared emancipated; and
1253+14 (5) that the account meets the requirements of the
1254+15 Illinois Uniform Transfers to Minors Act.
1255+16 (d) The parent or guardian of the child performer shall
1256+17 provide the employer with the information necessary to
1257+18 transfer moneys into the trust account. Once the child
1258+19 performer's employer deposits the money into the trust
1259+20 account, the child performer's employer shall have no further
1260+21 obligation or duty to monitor or account for the money. The
1261+22 trustee or trustees of the trust shall be the only individual,
1262+23 individuals, entity, or entities with the obligation or duty
1263+24 to monitor and account for money once it has been deposited by
1264+25 the child performer's employer.
1265+26 (e) If the parent or guardian of the child performer fails
1266+
1267+
1268+
1269+
1270+
1271+ SB3646 Enrolled - 36 - LRB103 39475 SPS 69670 b
1272+
1273+
1274+SB3646 Enrolled- 37 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 37 - LRB103 39475 SPS 69670 b
1275+ SB3646 Enrolled - 37 - LRB103 39475 SPS 69670 b
1276+1 to provide the employer with the information necessary to
1277+2 transfer funds into the trust account within 30 days after an
1278+3 employment certificate has been issued, the funds that were to
1279+4 be transferred to the trust account shall be transferred to
1280+5 the Office of the State Treasurer in accordance with Section
1281+6 15-608 of the Revised Uniform Unclaimed Property Act.
1282+7 (f) This Section does not apply to an employer of a child
1283+8 performer employed to perform services as an extra, services
1284+9 as a background performer, or services in a similar capacity.
1285+10 (g) The Department may adopt rules to implement this
1286+11 Section.
1287+12 Section 95. Minors featured in vlogs.
1288+13 (a) A minor under the age of 16 is considered engaged in
1289+14 the work of vlogging when the following criteria are met at any
1290+15 time during the previous 12-month period:
1291+16 (1) at least 30% of the vlogger's compensated video
1292+17 content produced within a 30-day period included the
1293+18 likeness, name, or photograph of the minor. Content
1294+19 percentage is measured by the percentage of time the
1295+20 likeness, name, or photograph of the minor visually
1296+21 appears or is the subject of an oral narrative in a video
1297+22 segment, as compared to the total length of the segment;
1298+23 and
1299+24 (2) the number of views received per video segment on
1300+25 any online platform met the online platform's threshold
1301+
1302+
1303+
1304+
1305+
1306+ SB3646 Enrolled - 37 - LRB103 39475 SPS 69670 b
1307+
1308+
1309+SB3646 Enrolled- 38 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 38 - LRB103 39475 SPS 69670 b
1310+ SB3646 Enrolled - 38 - LRB103 39475 SPS 69670 b
1311+1 for the generation of compensation or the vlogger received
1312+2 actual compensation for video content equal to or greater
1313+3 than $0.10 per view.
1314+4 (b) With the exception of Section 100, the provisions of
1315+5 this Act do not apply to a minor engaged in the work of
1316+6 vlogging.
1317+7 (c) All vloggers whose content features a minor under the
1318+8 age of 16 engaged in the work of vlogging shall maintain the
1319+9 following records and shall provide them to the minor on an
1320+10 ongoing basis:
1321+11 (1) the name and documentary proof of the age of the
1322+12 minor engaged in the work of vlogging;
1323+13 (2) the number of vlogs that generated compensation as
1324+14 described in subsection (a) during the reporting period;
1325+15 (3) the total number of minutes of the vlogs that the
1326+16 vlogger received compensation for during the reporting
1327+17 period;
1328+18 (4) the total number of minutes each minor was
1329+19 featured in vlogs during the reporting period;
1330+20 (5) the total compensation generated from vlogs
1331+21 featuring a minor during the reporting period; and
1332+22 (6) the amount deposited into the trust account for
1333+23 the benefit of the minor engaged in the work of vlogging,
1334+24 as required by Section 100.
1335+25 (d) If a vlogger whose vlog content features minors under
1336+26 the age of 16 engaged in the work of vlogging fails to maintain
1337+
1338+
1339+
1340+
1341+
1342+ SB3646 Enrolled - 38 - LRB103 39475 SPS 69670 b
1343+
1344+
1345+SB3646 Enrolled- 39 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 39 - LRB103 39475 SPS 69670 b
1346+ SB3646 Enrolled - 39 - LRB103 39475 SPS 69670 b
1347+1 the records as provided in subsection (c), the minor may
1348+2 commence a civil action to enforce the provisions of this
1349+3 Section.
1350+4 Section 100. Minor engaged in the work of vlogging; trust
1351+5 fund.
1352+6 (a) A minor satisfying the criteria described in
1353+7 subsection (a) of Section 95 must be compensated by the
1354+8 vlogger. The vlogger must set aside gross earnings on the
1355+9 video content, including the likeness, name, or photograph of
1356+10 the minor in a trust account to be preserved for the benefit of
1357+11 the minor upon reaching the age of majority, according to the
1358+12 following distribution:
1359+13 (1) where only one minor meets the content threshold
1360+14 described in Section 95, the percentage of total gross
1361+15 earnings on any video segment, including the likeness,
1362+16 name, or photograph of the minor that is equal to or
1363+17 greater than half of the content percentage that includes
1364+18 the minor as described in Section 95; or
1365+19 (2) where more than one minor meets the content
1366+20 threshold described in Section 95 and a video segment
1367+21 includes more than one of those minors, the percentage
1368+22 described in paragraph (1) for all minors in any segment
1369+23 must be equally divided between the minors, regardless of
1370+24 differences in percentage of content provided by the
1371+25 individual minors.
1372+
1373+
1374+
1375+
1376+
1377+ SB3646 Enrolled - 39 - LRB103 39475 SPS 69670 b
1378+
1379+
1380+SB3646 Enrolled- 40 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 40 - LRB103 39475 SPS 69670 b
1381+ SB3646 Enrolled - 40 - LRB103 39475 SPS 69670 b
1382+1 (b) A trust account required under this Section must
1383+2 provide, at a minimum, the following:
1384+3 (1) that the funds in the account shall be available
1385+4 only to the minor engaged in the work of vlogging;
1386+5 (2) that the account shall be held by a bank,
1387+6 corporate fiduciary, or trust company, as those terms are
1388+7 defined in the Corporate Fiduciary Act;
1389+8 (3) that the funds in the account shall become
1390+9 available to the minor engaged in the work of vlogging
1391+10 upon the minor attaining the age of 18 years or upon the
1392+11 minor being declared emancipated; and
1393+12 (4) that the account meets the requirements of the
1394+13 Illinois Uniform Transfers to Minors Act.
1395+14 (c) If a vlogger knowingly or recklessly violates this
1396+15 Section, a minor satisfying the criteria described in
1397+16 subsection (a) of Section 95 may commence an action to enforce
1398+17 the provisions of this Section regarding the trust account.
1399+18 The court may award, to a minor who prevails in any action
1400+19 brought in accordance with this Section, the following
1401+20 damages:
1402+21 (1) actual damages;
1403+22 (2) punitive damages; and
1404+23 (3) the costs of the action, including attorney's fees
1405+24 and litigation costs.
1406+25 (d) This Section does not affect a right or remedy
1407+26 available under any other law of the State.
1408+
1409+
1410+
1411+
1412+
1413+ SB3646 Enrolled - 40 - LRB103 39475 SPS 69670 b
1414+
1415+
1416+SB3646 Enrolled- 41 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 41 - LRB103 39475 SPS 69670 b
1417+ SB3646 Enrolled - 41 - LRB103 39475 SPS 69670 b
1418+1 (e) Nothing in this Section shall be interpreted to have
1419+2 any effect on a party that is neither the vlogger nor the minor
1420+3 engaged in the work of vlogging.
1421+4 Section 105. No limitations on other laws. Nothing in this
1422+5 Act shall limit another State agency's authority to enforce
1423+6 violations of any other State law.
1424+7 Section 110. Severability. If any part of this Act is
1425+8 decided to be unconstitutional and void, the decision shall
1426+9 not affect the validity of the remaining parts of this Act
1427+10 unless the part held void is indispensable to the operation of
1428+11 the remaining parts.
1429+12 Section 115. Procedural changes from prior law. In
1430+13 accordance with Section 4 of the Statute on Statutes, any
1431+14 procedural change as compared to prior law effected by the
1432+15 repeal of the Child Labor Law and the enactment of this Act
1433+16 shall be applied retroactively. Any substantive change as
1434+17 compared to prior law effected by the repeal of the Child Labor
1435+18 Law and the enactment of this Act shall be applied
1436+19 prospectively only. Any changes to the remedies available to
1437+20 redress a legal violation are procedural in nature.
1438+21 (820 ILCS 205/Act rep.)
1439+22 Section 900. The Child Labor Law is repealed.
1440+
1441+
1442+
1443+
1444+
1445+ SB3646 Enrolled - 41 - LRB103 39475 SPS 69670 b
1446+
1447+
1448+SB3646 Enrolled- 42 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 42 - LRB103 39475 SPS 69670 b
1449+ SB3646 Enrolled - 42 - LRB103 39475 SPS 69670 b
1450+1 Section 905. The School Code is amended by changing
1451+2 Section 26-1 as follows:
1452+3 (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
1453+4 Sec. 26-1. Compulsory school age; exemptions. Whoever has
1454+5 custody or control of any child (i) between the ages of 7 and
1455+6 17 years (unless the child has already graduated from high
1456+7 school) for school years before the 2014-2015 school year or
1457+8 (ii) between the ages of 6 (on or before September 1) and 17
1458+9 years (unless the child has already graduated from high
1459+10 school) beginning with the 2014-2015 school year shall cause
1460+11 such child to attend some public school in the district
1461+12 wherein the child resides the entire time it is in session
1462+13 during the regular school term, except as provided in Section
1463+14 10-19.1, and during a required summer school program
1464+15 established under Section 10-22.33B; provided, that the
1465+16 following children shall not be required to attend the public
1466+17 schools:
1467+18 1. Any child attending a private or a parochial school
1468+19 where children are taught the branches of education taught
1469+20 to children of corresponding age and grade in the public
1470+21 schools, and where the instruction of the child in the
1471+22 branches of education is in the English language;
1472+23 2. Any child who is physically or mentally unable to
1473+24 attend school, such disability being certified to the
1474+
1475+
1476+
1477+
1478+
1479+ SB3646 Enrolled - 42 - LRB103 39475 SPS 69670 b
1480+
1481+
1482+SB3646 Enrolled- 43 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 43 - LRB103 39475 SPS 69670 b
1483+ SB3646 Enrolled - 43 - LRB103 39475 SPS 69670 b
1484+1 county or district truant officer by a competent physician
1485+2 licensed in Illinois to practice medicine and surgery in
1486+3 all its branches, a chiropractic physician licensed under
1487+4 the Medical Practice Act of 1987, a licensed advanced
1488+5 practice registered nurse, a licensed physician assistant,
1489+6 or a Christian Science practitioner residing in this State
1490+7 and listed in the Christian Science Journal; or who is
1491+8 excused for temporary absence for cause by the principal
1492+9 or teacher of the school which the child attends, with
1493+10 absence for cause by illness being required to include the
1494+11 mental or behavioral health of the child for up to 5 days
1495+12 for which the child need not provide a medical note, in
1496+13 which case the child shall be given the opportunity to
1497+14 make up any school work missed during the mental or
1498+15 behavioral health absence and, after the second mental
1499+16 health day used, may be referred to the appropriate school
1500+17 support personnel; the exemptions in this paragraph (2) do
1501+18 not apply to any female who is pregnant or the mother of
1502+19 one or more children, except where a female is unable to
1503+20 attend school due to a complication arising from her
1504+21 pregnancy and the existence of such complication is
1505+22 certified to the county or district truant officer by a
1506+23 competent physician;
1507+24 3. Any child necessarily and lawfully employed
1508+25 according to the provisions of the Child Labor Law of 2024
1509+26 law regulating child labor may be excused from attendance
1510+
1511+
1512+
1513+
1514+
1515+ SB3646 Enrolled - 43 - LRB103 39475 SPS 69670 b
1516+
1517+
1518+SB3646 Enrolled- 44 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 44 - LRB103 39475 SPS 69670 b
1519+ SB3646 Enrolled - 44 - LRB103 39475 SPS 69670 b
1520+1 at school by the county superintendent of schools or the
1521+2 superintendent of the public school which the child should
1522+3 be attending, on certification of the facts by and the
1523+4 recommendation of the school board of the public school
1524+5 district in which the child resides. In districts having
1525+6 part-time continuation schools, children so excused shall
1526+7 attend such schools at least 8 hours each week;
1527+8 4. Any child over 12 and under 14 years of age while in
1528+9 attendance at confirmation classes;
1529+10 5. Any child absent from a public school on a
1530+11 particular day or days or at a particular time of day for
1531+12 the reason that he is unable to attend classes or to
1532+13 participate in any examination, study, or work
1533+14 requirements on a particular day or days or at a
1534+15 particular time of day because of religious reasons,
1535+16 including the observance of a religious holiday or
1536+17 participation in religious instruction, or because the
1537+18 tenets of his religion forbid secular activity on a
1538+19 particular day or days or at a particular time of day. A
1539+20 school board may require the parent or guardian of a child
1540+21 who is to be excused from attending school because of
1541+22 religious reasons to give notice, not exceeding 5 days, of
1542+23 the child's absence to the school principal or other
1543+24 school personnel. Any child excused from attending school
1544+25 under this paragraph 5 shall not be required to submit a
1545+26 written excuse for such absence after returning to school.
1546+
1547+
1548+
1549+
1550+
1551+ SB3646 Enrolled - 44 - LRB103 39475 SPS 69670 b
1552+
1553+
1554+SB3646 Enrolled- 45 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 45 - LRB103 39475 SPS 69670 b
1555+ SB3646 Enrolled - 45 - LRB103 39475 SPS 69670 b
1556+1 A district superintendent shall develop and distribute to
1557+2 schools appropriate procedures regarding a student's
1558+3 absence for religious reasons, how schools are notified of
1559+4 a student's impending absence for religious reasons, and
1560+5 the requirements of Section 26-2b of this Code;
1561+6 6. Any child 16 years of age or older who (i) submits
1562+7 to a school district evidence of necessary and lawful
1563+8 employment pursuant to paragraph 3 of this Section and
1564+9 (ii) is enrolled in a graduation incentives program
1565+10 pursuant to Section 26-16 of this Code or an alternative
1566+11 learning opportunities program established pursuant to
1567+12 Article 13B of this Code;
1568+13 7. A child in any of grades 6 through 12 absent from a
1569+14 public school on a particular day or days or at a
1570+15 particular time of day for the purpose of sounding "Taps"
1571+16 at a military honors funeral held in this State for a
1572+17 deceased veteran. In order to be excused under this
1573+18 paragraph 7, the student shall notify the school's
1574+19 administration at least 2 days prior to the date of the
1575+20 absence and shall provide the school's administration with
1576+21 the date, time, and location of the military honors
1577+22 funeral. The school's administration may waive this 2-day
1578+23 notification requirement if the student did not receive at
1579+24 least 2 days advance notice, but the student shall notify
1580+25 the school's administration as soon as possible of the
1581+26 absence. A student whose absence is excused under this
1582+
1583+
1584+
1585+
1586+
1587+ SB3646 Enrolled - 45 - LRB103 39475 SPS 69670 b
1588+
1589+
1590+SB3646 Enrolled- 46 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 46 - LRB103 39475 SPS 69670 b
1591+ SB3646 Enrolled - 46 - LRB103 39475 SPS 69670 b
1592+1 paragraph 7 shall be counted as if the student attended
1593+2 school for purposes of calculating the average daily
1594+3 attendance of students in the school district. A student
1595+4 whose absence is excused under this paragraph 7 must be
1596+5 allowed a reasonable time to make up school work missed
1597+6 during the absence. If the student satisfactorily
1598+7 completes the school work, the day of absence shall be
1599+8 counted as a day of compulsory attendance and he or she may
1600+9 not be penalized for that absence; and
1601+10 8. Any child absent from a public school on a
1602+11 particular day or days or at a particular time of day for
1603+12 the reason that his or her parent or legal guardian is an
1604+13 active duty member of the uniformed services and has been
1605+14 called to duty for, is on leave from, or has immediately
1606+15 returned from deployment to a combat zone or
1607+16 combat-support postings. Such a student shall be granted 5
1608+17 days of excused absences in any school year and, at the
1609+18 discretion of the school board, additional excused
1610+19 absences to visit the student's parent or legal guardian
1611+20 relative to such leave or deployment of the parent or
1612+21 legal guardian. In the case of excused absences pursuant
1613+22 to this paragraph 8, the student and parent or legal
1614+23 guardian shall be responsible for obtaining assignments
1615+24 from the student's teacher prior to any period of excused
1616+25 absence and for ensuring that such assignments are
1617+26 completed by the student prior to his or her return to
1618+
1619+
1620+
1621+
1622+
1623+ SB3646 Enrolled - 46 - LRB103 39475 SPS 69670 b
1624+
1625+
1626+SB3646 Enrolled- 47 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 47 - LRB103 39475 SPS 69670 b
1627+ SB3646 Enrolled - 47 - LRB103 39475 SPS 69670 b
1628+1 school from such period of excused absence.
1629+2 Any child from a public middle school or high school,
1630+3 subject to guidelines established by the State Board of
1631+4 Education, shall be permitted by a school board one school
1632+5 day-long excused absence per school year for the child who is
1633+6 absent from school to engage in a civic event. The school board
1634+7 may require that the student provide reasonable advance notice
1635+8 of the intended absence to the appropriate school
1636+9 administrator and require that the student provide
1637+10 documentation of participation in a civic event to the
1638+11 appropriate school administrator.
1639+12 (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;
1640+13 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff.
1641+14 1-1-23.)
1642+15 Section 910. The Child Care Act of 1969 is amended by
1643+16 changing Section 2.17 as follows:
1644+17 (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
1645+18 Sec. 2.17. "Foster family home" means the home of an
1646+19 individual or family:
1647+20 (1) that is licensed or approved by the state in which it
1648+21 is situated as a foster family home that meets the standards
1649+22 established for the licensing or approval; and
1650+23 (2) in which a child in foster care has been placed in the
1651+24 care of an individual who resides with the child and who has
1652+
1653+
1654+
1655+
1656+
1657+ SB3646 Enrolled - 47 - LRB103 39475 SPS 69670 b
1658+
1659+
1660+SB3646 Enrolled- 48 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 48 - LRB103 39475 SPS 69670 b
1661+ SB3646 Enrolled - 48 - LRB103 39475 SPS 69670 b
1662+1 been licensed or approved by the state to be a foster parent
1663+2 and:
1664+3 (A) who the Department of Children and Family Services
1665+4 deems capable of adhering to the reasonable and prudent
1666+5 parent standard;
1667+6 (B) who provides 24-hour substitute care for children
1668+7 placed away from their parents or other caretakers; and
1669+8 (3) who provides the care for no more than 6 children,
1670+9 except the Director of Children and Family Services, pursuant
1671+10 to Department regulations, may waive the numerical limitation
1672+11 of foster children who may be cared for in a foster family home
1673+12 for any of the following reasons to allow: (i) a parenting
1674+13 youth in foster care to remain with the child of the parenting
1675+14 youth; (ii) siblings to remain together; (iii) a child with an
1676+15 established meaningful relationship with the family to remain
1677+16 with the family; or (iv) a family with special training or
1678+17 skills to provide care to a child who has a severe disability.
1679+18 The family's or relative's own children, under 18 years of
1680+19 age, shall be included in determining the maximum number of
1681+20 children served.
1682+21 For purposes of this Section, a "relative" includes any
1683+22 person, 21 years of age or over, other than the parent, who (i)
1684+23 is currently related to the child in any of the following ways
1685+24 by blood or adoption: grandparent, sibling, great-grandparent,
1686+25 uncle, aunt, nephew, niece, first cousin, great-uncle, or
1687+26 great-aunt; or (ii) is the spouse of such a relative; or (iii)
1688+
1689+
1690+
1691+
1692+
1693+ SB3646 Enrolled - 48 - LRB103 39475 SPS 69670 b
1694+
1695+
1696+SB3646 Enrolled- 49 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 49 - LRB103 39475 SPS 69670 b
1697+ SB3646 Enrolled - 49 - LRB103 39475 SPS 69670 b
1698+1 is a child's step-father, step-mother, or adult step-brother
1699+2 or step-sister; or (iv) is a fictive kin; "relative" also
1700+3 includes a person related in any of the foregoing ways to a
1701+4 sibling of a child, even though the person is not related to
1702+5 the child, when the child and its sibling are placed together
1703+6 with that person. For purposes of placement of children
1704+7 pursuant to Section 7 of the Children and Family Services Act
1705+8 and for purposes of licensing requirements set forth in
1706+9 Section 4 of this Act, for children under the custody or
1707+10 guardianship of the Department pursuant to the Juvenile Court
1708+11 Act of 1987, after a parent signs a consent, surrender, or
1709+12 waiver or after a parent's rights are otherwise terminated,
1710+13 and while the child remains in the custody or guardianship of
1711+14 the Department, the child is considered to be related to those
1712+15 to whom the child was related under this Section prior to the
1713+16 signing of the consent, surrender, or waiver or the order of
1714+17 termination of parental rights.
1715+18 The term "foster family home" includes homes receiving
1716+19 children from any State-operated institution for child care;
1717+20 or from any agency established by a municipality or other
1718+21 political subdivision of the State of Illinois authorized to
1719+22 provide care for children outside their own homes. The term
1720+23 "foster family home" does not include an "adoption-only home"
1721+24 as defined in Section 2.23 of this Act. The types of foster
1722+25 family homes are defined as follows:
1723+26 (a) "Boarding home" means a foster family home which
1724+
1725+
1726+
1727+
1728+
1729+ SB3646 Enrolled - 49 - LRB103 39475 SPS 69670 b
1730+
1731+
1732+SB3646 Enrolled- 50 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 50 - LRB103 39475 SPS 69670 b
1733+ SB3646 Enrolled - 50 - LRB103 39475 SPS 69670 b
1734+1 receives payment for regular full-time care of a child or
1735+2 children.
1736+3 (b) "Free home" means a foster family home other than
1737+4 an adoptive home which does not receive payments for the
1738+5 care of a child or children.
1739+6 (c) "Adoptive home" means a foster family home which
1740+7 receives a child or children for the purpose of adopting
1741+8 the child or children, but does not include an
1742+9 adoption-only home.
1743+10 (d) "Work-wage home" means a foster family home which
1744+11 receives a child or children who pay part or all of their
1745+12 board by rendering some services to the family not
1746+13 prohibited by the Child Labor Law of 2024 or by standards
1747+14 or regulations of the Department prescribed under this
1748+15 Act. The child or children may receive a wage in
1749+16 connection with the services rendered the foster family.
1750+17 (e) "Agency-supervised home" means a foster family
1751+18 home under the direct and regular supervision of a
1752+19 licensed child welfare agency, of the Department of
1753+20 Children and Family Services, of a circuit court, or of
1754+21 any other State agency which has authority to place
1755+22 children in child care facilities, and which receives no
1756+23 more than 8 children, unless of common parentage, who are
1757+24 placed and are regularly supervised by one of the
1758+25 specified agencies.
1759+26 (f) "Independent home" means a foster family home,
1760+
1761+
1762+
1763+
1764+
1765+ SB3646 Enrolled - 50 - LRB103 39475 SPS 69670 b
1766+
1767+
1768+SB3646 Enrolled- 51 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 51 - LRB103 39475 SPS 69670 b
1769+ SB3646 Enrolled - 51 - LRB103 39475 SPS 69670 b
1770+1 other than an adoptive home, which receives no more than 4
1771+2 children, unless of common parentage, directly from
1772+3 parents, or other legally responsible persons, by
1773+4 independent arrangement and which is not subject to direct
1774+5 and regular supervision of a specified agency except as
1775+6 such supervision pertains to licensing by the Department.
1776+7 (g) "Host home" means an emergency foster family home
1777+8 under the direction and regular supervision of a licensed
1778+9 child welfare agency, contracted to provide short-term
1779+10 crisis intervention services to youth served under the
1780+11 Comprehensive Community-Based Youth Services program,
1781+12 under the direction of the Department of Human Services.
1782+13 The youth shall not be under the custody or guardianship
1783+14 of the Department pursuant to the Juvenile Court Act of
1784+15 1987.
1785+16 (Source: P.A. 102-688, eff. 7-1-22; 103-564, eff. 11-17-23.)
1786+17 Section 915. The Private Employment Agency Act is amended
1787+18 by changing Sections 10 and 12.6 as follows:
1788+19 (225 ILCS 515/10) (from Ch. 111, par. 910)
1789+20 Sec. 10. Licensee prohibitions. No licensee shall send or
1790+21 cause to be sent any female help or servants, inmate, or
1791+22 performer to enter any questionable place, or place of bad
1792+23 repute, house of ill-fame, or assignation house, or to any
1793+24 house or place of amusement kept for immoral purposes, or
1794+
1795+
1796+
1797+
1798+
1799+ SB3646 Enrolled - 51 - LRB103 39475 SPS 69670 b
1800+
1801+
1802+SB3646 Enrolled- 52 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 52 - LRB103 39475 SPS 69670 b
1803+ SB3646 Enrolled - 52 - LRB103 39475 SPS 69670 b
1804+1 place resorted to for the purpose of prostitution or gambling
1805+2 house, the character of which licensee knows either actually
1806+3 or by reputation.
1807+4 No licensee shall permit questionable characters,
1808+5 prostitutes, gamblers, intoxicated persons, or procurers to
1809+6 frequent the agency.
1810+7 No licensee shall accept any application for employment
1811+8 made by or on behalf of any child, or shall place or assist in
1812+9 placing any such child in any employment whatever, in
1813+10 violation of the Child Labor Law of 2024. A violation of any
1814+11 provision of this Section shall be a Class A misdemeanor.
1815+12 No licensee shall publish or cause to be published any
1816+13 fraudulent or misleading notice or advertisement of its
1817+14 employment agencies by means of cards, circulars, or signs, or
1818+15 in newspapers or other publications; and all letterheads,
1819+16 receipts, and blanks shall contain the full name and address
1820+17 of the employment agency and licensee shall state in all
1821+18 notices and advertisements the fact that licensee is, or
1822+19 conducts, a private employment agency.
1823+20 No licensee shall print, publish, or paint on any sign or
1824+21 window, or insert in any newspaper or publication, a name
1825+22 similar to that of the Illinois Public Employment Office.
1826+23 No licensee shall print or stamp on any receipt or on any
1827+24 contract used by that agency any part of this Act, unless the
1828+25 entire Section from which that part is taken is printed or
1829+26 stamped thereon.
1830+
1831+
1832+
1833+
1834+
1835+ SB3646 Enrolled - 52 - LRB103 39475 SPS 69670 b
1836+
1837+
1838+SB3646 Enrolled- 53 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 53 - LRB103 39475 SPS 69670 b
1839+ SB3646 Enrolled - 53 - LRB103 39475 SPS 69670 b
1840+1 All written communications sent out by any licensee,
1841+2 directly or indirectly, to any person or firm with regard to
1842+3 employees or employment shall contain therein definite
1843+4 information that such person is a private employment agency.
1844+5 No licensee or his or her employees shall knowingly give
1845+6 any false or misleading information, or make any false or
1846+7 misleading promise to any applicant who shall apply for
1847+8 employment or employees.
1848+9 (Source: P.A. 90-372, eff. 7-1-98.)
1849+10 (225 ILCS 515/12.6)
1850+11 Sec. 12.6. Child Labor and Day and Temporary Labor
1851+12 Services Enforcement Fund. All moneys received as fees and
1852+13 penalties under this Act shall be deposited into the Child
1853+14 Labor and Day and Temporary Labor Services Enforcement Fund
1854+15 and may be used for the purposes set forth in Section 75 17.3
1855+16 of the Child Labor Law of 2024.
1856+17 (Source: P.A. 99-422, eff. 1-1-16.)
1857+18 Section 920. The Day and Temporary Labor Services Act is
1858+19 amended by changing Section 67 as follows:
1859+20 (820 ILCS 175/67)
1860+21 Sec. 67. Action for civil penalties brought by an
1861+22 interested party.
1862+23 (a) Upon a reasonable belief that a day and temporary
1863+
1864+
1865+
1866+
1867+
1868+ SB3646 Enrolled - 53 - LRB103 39475 SPS 69670 b
1869+
1870+
1871+SB3646 Enrolled- 54 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 54 - LRB103 39475 SPS 69670 b
1872+ SB3646 Enrolled - 54 - LRB103 39475 SPS 69670 b
1873+1 labor service agency or a third party client covered by this
1874+2 Act is in violation of any part of this Act, an interested
1875+3 party may initiate a civil action in the county where the
1876+4 alleged offenses occurred or where any party to the action
1877+5 resides, asserting that a violation of the Act has occurred,
1878+6 pursuant to the following sequence of events:
1879+7 (1) The interested party submits to the Department of
1880+8 Labor a complaint describing the violation and naming the
1881+9 day or temporary labor service agency or third party
1882+10 client alleged to have violated this Act.
1883+11 (2) The Department sends notice of complaint to the
1884+12 named parties alleged to have violated this Act and the
1885+13 interested party. The named parties may either contest the
1886+14 alleged violation or cure the alleged violation.
1887+15 (3) The named parties contest or cure the alleged
1888+16 violation within 30 days after the receipt of the notice
1889+17 of complaint or, if the named party does not respond
1890+18 within 30 days, the Department issues a notice of right to
1891+19 sue to the interested party as described in paragraph (4).
1892+20 (4) The Department issues a notice of right to sue to
1893+21 the interested party, if one or more of the following has
1894+22 occurred:
1895+23 (i) the named party has cured the alleged
1896+24 violation to the satisfaction of the Director;
1897+25 (ii) the Director has determined that the
1898+26 allegation is unjustified or that the Department does
1899+
1900+
1901+
1902+
1903+
1904+ SB3646 Enrolled - 54 - LRB103 39475 SPS 69670 b
1905+
1906+
1907+SB3646 Enrolled- 55 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 55 - LRB103 39475 SPS 69670 b
1908+ SB3646 Enrolled - 55 - LRB103 39475 SPS 69670 b
1909+1 not have jurisdiction over the matter or the parties;
1910+2 or
1911+3 (iii) the Director has determined that the
1912+4 allegation is justified or has not made a
1913+5 determination, and either has decided not to exercise
1914+6 jurisdiction over the matter or has concluded
1915+7 administrative enforcement of the matter.
1916+8 (b) If within 180 days after service of the notice of
1917+9 complaint to the parties, the Department has not (i) resolved
1918+10 the contest and cure period, (ii) with the mutual agreement of
1919+11 the parties, extended the time for the named party to cure the
1920+12 violation and resolve the complaint, or (iii) issued a right
1921+13 to sue letter, the interested party may initiate a civil
1922+14 action for penalties. The parties may extend the 180-day
1923+15 period by mutual agreement. The limitations period for the
1924+16 interested party to bring an action for the alleged violation
1925+17 of the Act shall be tolled for the 180-day period and for the
1926+18 period of any mutually agreed extensions. At the end of the
1927+19 180-day period, or any mutually agreed extensions, the
1928+20 Department shall issue a right to sue letter to the interested
1929+21 party.
1930+22 (c) Any claim or action filed under this Section must be
1931+23 made within 3 years of the alleged conduct resulting in the
1932+24 complaint plus any period for which the limitations period has
1933+25 been tolled.
1934+26 (d) In an action brought pursuant to this Section, an
1935+
1936+
1937+
1938+
1939+
1940+ SB3646 Enrolled - 55 - LRB103 39475 SPS 69670 b
1941+
1942+
1943+SB3646 Enrolled- 56 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 56 - LRB103 39475 SPS 69670 b
1944+ SB3646 Enrolled - 56 - LRB103 39475 SPS 69670 b
1945+1 interested party may recover against the covered entity any
1946+2 statutory penalties set forth in Section 70 and injunctive
1947+3 relief. An interested party who prevails in a civil action
1948+4 shall receive 10% of any statutory penalties assessed, plus
1949+5 any attorneys' fees and expenses in bringing the action. The
1950+6 remaining 90% of any statutory penalties assessed shall be
1951+7 deposited into the Child Labor and Day and Temporary Labor
1952+8 Services Enforcement Fund and shall be used exclusively for
1953+9 the purposes set forth in Section 75 17.3 of the Child Labor
1954+10 Law of 2024.
1955+11 (Source: P.A. 103-437, eff. 8-4-23.)
1956+12 Section 925. The Workers' Compensation Act is amended by
1957+13 changing Sections 7 and 8 as follows:
1958+14 (820 ILCS 305/7) (from Ch. 48, par. 138.7)
1959+15 Sec. 7. The amount of compensation which shall be paid for
1960+16 an accidental injury to the employee resulting in death is:
1961+17 (a) If the employee leaves surviving a widow, widower,
1962+18 child or children, the applicable weekly compensation rate
1963+19 computed in accordance with subparagraph 2 of paragraph (b) of
1964+20 Section 8, shall be payable during the life of the widow or
1965+21 widower and if any surviving child or children shall not be
1966+22 physically or mentally incapacitated then until the death of
1967+23 the widow or widower or until the youngest child shall reach
1968+24 the age of 18, whichever shall come later; provided that if
1969+
1970+
1971+
1972+
1973+
1974+ SB3646 Enrolled - 56 - LRB103 39475 SPS 69670 b
1975+
1976+
1977+SB3646 Enrolled- 57 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 57 - LRB103 39475 SPS 69670 b
1978+ SB3646 Enrolled - 57 - LRB103 39475 SPS 69670 b
1979+1 such child or children shall be enrolled as a full time student
1980+2 in any accredited educational institution, the payments shall
1981+3 continue until such child has attained the age of 25. In the
1982+4 event any surviving child or children shall be physically or
1983+5 mentally incapacitated, the payments shall continue for the
1984+6 duration of such incapacity.
1985+7 The term "child" means a child whom the deceased employee
1986+8 left surviving, including a posthumous child, a child legally
1987+9 adopted, a child whom the deceased employee was legally
1988+10 obligated to support or a child to whom the deceased employee
1989+11 stood in loco parentis. The term "children" means the plural
1990+12 of "child".
1991+13 The term "physically or mentally incapacitated child or
1992+14 children" means a child or children incapable of engaging in
1993+15 regular and substantial gainful employment.
1994+16 In the event of the remarriage of a widow or widower, where
1995+17 the decedent did not leave surviving any child or children
1996+18 who, at the time of such remarriage, are entitled to
1997+19 compensation benefits under this Act, the surviving spouse
1998+20 shall be paid a lump sum equal to 2 years compensation benefits
1999+21 and all further rights of such widow or widower shall be
2000+22 extinguished.
2001+23 If the employee leaves surviving any child or children
2002+24 under 18 years of age who at the time of death shall be
2003+25 entitled to compensation under this paragraph (a) of this
2004+26 Section, the weekly compensation payments herein provided for
2005+
2006+
2007+
2008+
2009+
2010+ SB3646 Enrolled - 57 - LRB103 39475 SPS 69670 b
2011+
2012+
2013+SB3646 Enrolled- 58 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 58 - LRB103 39475 SPS 69670 b
2014+ SB3646 Enrolled - 58 - LRB103 39475 SPS 69670 b
2015+1 such child or children shall in any event continue for a period
2016+2 of not less than 6 years.
2017+3 Any beneficiary entitled to compensation under this
2018+4 paragraph (a) of this Section shall receive from the special
2019+5 fund provided in paragraph (f) of this Section, in addition to
2020+6 the compensation herein provided, supplemental benefits in
2021+7 accordance with paragraph (g) of Section 8.
2022+8 (b) If no compensation is payable under paragraph (a) of
2023+9 this Section and the employee leaves surviving a parent or
2024+10 parents who at the time of the accident were totally dependent
2025+11 upon the earnings of the employee then weekly payments equal
2026+12 to the compensation rate payable in the case where the
2027+13 employee leaves surviving a widow or widower, shall be paid to
2028+14 such parent or parents for the duration of their lives, and in
2029+15 the event of the death of either, for the life of the survivor.
2030+16 (c) If no compensation is payable under paragraphs (a) or
2031+17 (b) of this Section and the employee leaves surviving any
2032+18 child or children who are not entitled to compensation under
2033+19 the foregoing paragraph (a) but who at the time of the accident
2034+20 were nevertheless in any manner dependent upon the earnings of
2035+21 the employee, or leaves surviving a parent or parents who at
2036+22 the time of the accident were partially dependent upon the
2037+23 earnings of the employee, then there shall be paid to such
2038+24 dependent or dependents for a period of 8 years weekly
2039+25 compensation payments at such proportion of the applicable
2040+26 rate if the employee had left surviving a widow or widower as
2041+
2042+
2043+
2044+
2045+
2046+ SB3646 Enrolled - 58 - LRB103 39475 SPS 69670 b
2047+
2048+
2049+SB3646 Enrolled- 59 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 59 - LRB103 39475 SPS 69670 b
2050+ SB3646 Enrolled - 59 - LRB103 39475 SPS 69670 b
2051+1 such dependency bears to total dependency. In the event of the
2052+2 death of any such beneficiary the share of such beneficiary
2053+3 shall be divided equally among the surviving beneficiaries and
2054+4 in the event of the death of the last such beneficiary all the
2055+5 rights under this paragraph shall be extinguished.
2056+6 (d) If no compensation is payable under paragraphs (a),
2057+7 (b) or (c) of this Section and the employee leaves surviving
2058+8 any grandparent, grandparents, grandchild or grandchildren or
2059+9 collateral heirs dependent upon the employee's earnings to the
2060+10 extent of 50% or more of total dependency, then there shall be
2061+11 paid to such dependent or dependents for a period of 5 years
2062+12 weekly compensation payments at such proportion of the
2063+13 applicable rate if the employee had left surviving a widow or
2064+14 widower as such dependency bears to total dependency. In the
2065+15 event of the death of any such beneficiary the share of such
2066+16 beneficiary shall be divided equally among the surviving
2067+17 beneficiaries and in the event of the death of the last such
2068+18 beneficiary all rights hereunder shall be extinguished.
2069+19 (e) The compensation to be paid for accidental injury
2070+20 which results in death, as provided in this Section, shall be
2071+21 paid to the persons who form the basis for determining the
2072+22 amount of compensation to be paid by the employer, the
2073+23 respective shares to be in the proportion of their respective
2074+24 dependency at the time of the accident on the earnings of the
2075+25 deceased. The Commission or an Arbitrator thereof may, in its
2076+26 or his discretion, order or award the payment to the parent or
2077+
2078+
2079+
2080+
2081+
2082+ SB3646 Enrolled - 59 - LRB103 39475 SPS 69670 b
2083+
2084+
2085+SB3646 Enrolled- 60 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 60 - LRB103 39475 SPS 69670 b
2086+ SB3646 Enrolled - 60 - LRB103 39475 SPS 69670 b
2087+1 grandparent of a child for the latter's support the amount of
2088+2 compensation which but for such order or award would have been
2089+3 paid to such child as its share of the compensation payable,
2090+4 which order or award may be modified from time to time by the
2091+5 Commission in its discretion with respect to the person to
2092+6 whom shall be paid the amount of the order or award remaining
2093+7 unpaid at the time of the modification.
2094+8 The payments of compensation by the employer in accordance
2095+9 with the order or award of the Commission discharges such
2096+10 employer from all further obligation as to such compensation.
2097+11 (f) The sum of $8,000 for burial expenses shall be paid by
2098+12 the employer to the widow or widower, other dependent, next of
2099+13 kin or to the person or persons incurring the expense of
2100+14 burial.
2101+15 In the event the employer failed to provide necessary
2102+16 first aid, medical, surgical or hospital service, he shall pay
2103+17 the cost thereof to the person or persons entitled to
2104+18 compensation under paragraphs (a), (b), (c) or (d) of this
2105+19 Section, or to the person or persons incurring the obligation
2106+20 therefore, or providing the same.
2107+21 On January 15 and July 15, 1981, and on January 15 and July
2108+22 15 of each year thereafter the employer shall within 60 days
2109+23 pay a sum equal to 1/8 of 1% of all compensation payments made
2110+24 by him after July 1, 1980, either under this Act or the
2111+25 Workers' Occupational Diseases Act, whether by lump sum
2112+26 settlement or weekly compensation payments, but not including
2113+
2114+
2115+
2116+
2117+
2118+ SB3646 Enrolled - 60 - LRB103 39475 SPS 69670 b
2119+
2120+
2121+SB3646 Enrolled- 61 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 61 - LRB103 39475 SPS 69670 b
2122+ SB3646 Enrolled - 61 - LRB103 39475 SPS 69670 b
2123+1 hospital, surgical or rehabilitation payments, made during the
2124+2 first 6 months and during the second 6 months respectively of
2125+3 the fiscal year next preceding the date of the payments, into a
2126+4 special fund which shall be designated the "Second Injury
2127+5 Fund", of which the State Treasurer is ex-officio custodian,
2128+6 such special fund to be held and disbursed for the purposes
2129+7 hereinafter stated in paragraphs (f) and (g) of Section 8,
2130+8 either upon the order of the Commission or of a competent
2131+9 court. Said special fund shall be deposited the same as are
2132+10 State funds and any interest accruing thereon shall be added
2133+11 thereto every 6 months. It is subject to audit the same as
2134+12 State funds and accounts and is protected by the General bond
2135+13 given by the State Treasurer. It is considered always
2136+14 appropriated for the purposes of disbursements as provided in
2137+15 Section 8, paragraph (f), of this Act, and shall be paid out
2138+16 and disbursed as therein provided and shall not at any time be
2139+17 appropriated or diverted to any other use or purpose.
2140+18 On January 15, 1991, the employer shall further pay a sum
2141+19 equal to one half of 1% of all compensation payments made by
2142+20 him from January 1, 1990 through June 30, 1990 either under
2143+21 this Act or under the Workers' Occupational Diseases Act,
2144+22 whether by lump sum settlement or weekly compensation
2145+23 payments, but not including hospital, surgical or
2146+24 rehabilitation payments, into an additional Special Fund which
2147+25 shall be designated as the "Rate Adjustment Fund". On March
2148+26 15, 1991, the employer shall pay into the Rate Adjustment Fund
2149+
2150+
2151+
2152+
2153+
2154+ SB3646 Enrolled - 61 - LRB103 39475 SPS 69670 b
2155+
2156+
2157+SB3646 Enrolled- 62 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 62 - LRB103 39475 SPS 69670 b
2158+ SB3646 Enrolled - 62 - LRB103 39475 SPS 69670 b
2159+1 a sum equal to one half of 1% of all such compensation payments
2160+2 made from July 1, 1990 through December 31, 1990. Within 60
2161+3 days after July 15, 1991, the employer shall pay into the Rate
2162+4 Adjustment Fund a sum equal to one half of 1% of all such
2163+5 compensation payments made from January 1, 1991 through June
2164+6 30, 1991. Within 60 days after January 15 of 1992 and each
2165+7 subsequent year through 1996, the employer shall pay into the
2166+8 Rate Adjustment Fund a sum equal to one half of 1% of all such
2167+9 compensation payments made in the last 6 months of the
2168+10 preceding calendar year. Within 60 days after July 15 of 1992
2169+11 and each subsequent year through 1995, the employer shall pay
2170+12 into the Rate Adjustment Fund a sum equal to one half of 1% of
2171+13 all such compensation payments made in the first 6 months of
2172+14 the same calendar year. Within 60 days after January 15 of 1997
2173+15 and each subsequent year through 2005, the employer shall pay
2174+16 into the Rate Adjustment Fund a sum equal to three-fourths of
2175+17 1% of all such compensation payments made in the last 6 months
2176+18 of the preceding calendar year. Within 60 days after July 15 of
2177+19 1996 and each subsequent year through 2004, the employer shall
2178+20 pay into the Rate Adjustment Fund a sum equal to three-fourths
2179+21 of 1% of all such compensation payments made in the first 6
2180+22 months of the same calendar year. Within 60 days after July 15
2181+23 of 2005, the employer shall pay into the Rate Adjustment Fund a
2182+24 sum equal to 1% of such compensation payments made in the first
2183+25 6 months of the same calendar year. Within 60 days after
2184+26 January 15 of 2006 and each subsequent year, the employer
2185+
2186+
2187+
2188+
2189+
2190+ SB3646 Enrolled - 62 - LRB103 39475 SPS 69670 b
2191+
2192+
2193+SB3646 Enrolled- 63 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 63 - LRB103 39475 SPS 69670 b
2194+ SB3646 Enrolled - 63 - LRB103 39475 SPS 69670 b
2195+1 shall pay into the Rate Adjustment Fund a sum equal to 1.25% of
2196+2 such compensation payments made in the last 6 months of the
2197+3 preceding calendar year. Within 60 days after July 15 of 2006
2198+4 and each subsequent year, the employer shall pay into the Rate
2199+5 Adjustment Fund a sum equal to 1.25% of such compensation
2200+6 payments made in the first 6 months of the same calendar year.
2201+7 The administrative costs of collecting assessments from
2202+8 employers for the Rate Adjustment Fund shall be paid from the
2203+9 Rate Adjustment Fund. The cost of an actuarial audit of the
2204+10 Fund shall be paid from the Rate Adjustment Fund. The State
2205+11 Treasurer is ex officio custodian of such Special Fund and the
2206+12 same shall be held and disbursed for the purposes hereinafter
2207+13 stated in paragraphs (f) and (g) of Section 8 upon the order of
2208+14 the Commission or of a competent court. The Rate Adjustment
2209+15 Fund shall be deposited the same as are State funds and any
2210+16 interest accruing thereon shall be added thereto every 6
2211+17 months. It shall be subject to audit the same as State funds
2212+18 and accounts and shall be protected by the general bond given
2213+19 by the State Treasurer. It is considered always appropriated
2214+20 for the purposes of disbursements as provided in paragraphs
2215+21 (f) and (g) of Section 8 of this Act and shall be paid out and
2216+22 disbursed as therein provided and shall not at any time be
2217+23 appropriated or diverted to any other use or purpose. Within 5
2218+24 days after the effective date of this amendatory Act of 1990,
2219+25 the Comptroller and the State Treasurer shall transfer
2220+26 $1,000,000 from the General Revenue Fund to the Rate
2221+
2222+
2223+
2224+
2225+
2226+ SB3646 Enrolled - 63 - LRB103 39475 SPS 69670 b
2227+
2228+
2229+SB3646 Enrolled- 64 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 64 - LRB103 39475 SPS 69670 b
2230+ SB3646 Enrolled - 64 - LRB103 39475 SPS 69670 b
2231+1 Adjustment Fund. By February 15, 1991, the Comptroller and the
2232+2 State Treasurer shall transfer $1,000,000 from the Rate
2233+3 Adjustment Fund to the General Revenue Fund. The Comptroller
2234+4 and Treasurer are authorized to make transfers at the request
2235+5 of the Chairman up to a total of $19,000,000 from the Second
2236+6 Injury Fund, the General Revenue Fund, and the Workers'
2237+7 Compensation Benefit Trust Fund to the Rate Adjustment Fund to
2238+8 the extent that there is insufficient money in the Rate
2239+9 Adjustment Fund to pay claims and obligations. Amounts may be
2240+10 transferred from the General Revenue Fund only if the funds in
2241+11 the Second Injury Fund or the Workers' Compensation Benefit
2242+12 Trust Fund are insufficient to pay claims and obligations of
2243+13 the Rate Adjustment Fund. All amounts transferred from the
2244+14 Second Injury Fund, the General Revenue Fund, and the Workers'
2245+15 Compensation Benefit Trust Fund shall be repaid from the Rate
2246+16 Adjustment Fund within 270 days of a transfer, together with
2247+17 interest at the rate earned by moneys on deposit in the Fund or
2248+18 Funds from which the moneys were transferred.
2249+19 Upon a finding by the Commission, after reasonable notice
2250+20 and hearing, that any employer has willfully and knowingly
2251+21 failed to pay the proper amounts into the Second Injury Fund or
2252+22 the Rate Adjustment Fund required by this Section or if such
2253+23 payments are not made within the time periods prescribed by
2254+24 this Section, the employer shall, in addition to such
2255+25 payments, pay a penalty of 20% of the amount required to be
2256+26 paid or $2,500, whichever is greater, for each year or part
2257+
2258+
2259+
2260+
2261+
2262+ SB3646 Enrolled - 64 - LRB103 39475 SPS 69670 b
2263+
2264+
2265+SB3646 Enrolled- 65 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 65 - LRB103 39475 SPS 69670 b
2266+ SB3646 Enrolled - 65 - LRB103 39475 SPS 69670 b
2267+1 thereof of such failure to pay. This penalty shall only apply
2268+2 to obligations of an employer to the Second Injury Fund or the
2269+3 Rate Adjustment Fund accruing after the effective date of this
2270+4 amendatory Act of 1989. All or part of such a penalty may be
2271+5 waived by the Commission for good cause shown.
2272+6 Any obligations of an employer to the Second Injury Fund
2273+7 and Rate Adjustment Fund accruing prior to the effective date
2274+8 of this amendatory Act of 1989 shall be paid in full by such
2275+9 employer within 5 years of the effective date of this
2276+10 amendatory Act of 1989, with at least one-fifth of such
2277+11 obligation to be paid during each year following the effective
2278+12 date of this amendatory Act of 1989. If the Commission finds,
2279+13 following reasonable notice and hearing, that an employer has
2280+14 failed to make timely payment of any obligation accruing under
2281+15 the preceding sentence, the employer shall, in addition to all
2282+16 other payments required by this Section, be liable for a
2283+17 penalty equal to 20% of the overdue obligation or $2,500,
2284+18 whichever is greater, for each year or part thereof that
2285+19 obligation is overdue. All or part of such a penalty may be
2286+20 waived by the Commission for good cause shown.
2287+21 The Chairman of the Illinois Workers' Compensation
2288+22 Commission shall, annually, furnish to the Director of the
2289+23 Department of Insurance a list of the amounts paid into the
2290+24 Second Injury Fund and the Rate Adjustment Fund by each
2291+25 insurance company on behalf of their insured employers. The
2292+26 Director shall verify to the Chairman that the amounts paid by
2293+
2294+
2295+
2296+
2297+
2298+ SB3646 Enrolled - 65 - LRB103 39475 SPS 69670 b
2299+
2300+
2301+SB3646 Enrolled- 66 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 66 - LRB103 39475 SPS 69670 b
2302+ SB3646 Enrolled - 66 - LRB103 39475 SPS 69670 b
2303+1 each insurance company are accurate as best as the Director
2304+2 can determine from the records available to the Director. The
2305+3 Chairman shall verify that the amounts paid by each
2306+4 self-insurer are accurate as best as the Chairman can
2307+5 determine from records available to the Chairman. The Chairman
2308+6 may require each self-insurer to provide information
2309+7 concerning the total compensation payments made upon which
2310+8 contributions to the Second Injury Fund and the Rate
2311+9 Adjustment Fund are predicated and any additional information
2312+10 establishing that such payments have been made into these
2313+11 funds. Any deficiencies in payments noted by the Director or
2314+12 Chairman shall be subject to the penalty provisions of this
2315+13 Act.
2316+14 The State Treasurer, or his duly authorized
2317+15 representative, shall be named as a party to all proceedings
2318+16 in all cases involving claim for the loss of, or the permanent
2319+17 and complete loss of the use of one eye, one foot, one leg, one
2320+18 arm or one hand.
2321+19 The State Treasurer or his duly authorized agent shall
2322+20 have the same rights as any other party to the proceeding,
2323+21 including the right to petition for review of any award. The
2324+22 reasonable expenses of litigation, such as medical
2325+23 examinations, testimony, and transcript of evidence, incurred
2326+24 by the State Treasurer or his duly authorized representative,
2327+25 shall be borne by the Second Injury Fund.
2328+26 If the award is not paid within 30 days after the date the
2329+
2330+
2331+
2332+
2333+
2334+ SB3646 Enrolled - 66 - LRB103 39475 SPS 69670 b
2335+
2336+
2337+SB3646 Enrolled- 67 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 67 - LRB103 39475 SPS 69670 b
2338+ SB3646 Enrolled - 67 - LRB103 39475 SPS 69670 b
2339+1 award has become final, the Commission shall proceed to take
2340+2 judgment thereon in its own name as is provided for other
2341+3 awards by paragraph (g) of Section 19 of this Act and take the
2342+4 necessary steps to collect the award.
2343+5 Any person, corporation or organization who has paid or
2344+6 become liable for the payment of burial expenses of the
2345+7 deceased employee may in his or its own name institute
2346+8 proceedings before the Commission for the collection thereof.
2347+9 For the purpose of administration, receipts and
2348+10 disbursements, the Special Fund provided for in paragraph (f)
2349+11 of this Section shall be administered jointly with the Special
2350+12 Fund provided for in Section 7, paragraph (f) of the Workers'
2351+13 Occupational Diseases Act.
2352+14 (g) All compensation, except for burial expenses provided
2353+15 in this Section to be paid in case accident results in death,
2354+16 shall be paid in installments equal to the percentage of the
2355+17 average earnings as provided for in Section 8, paragraph (b)
2356+18 of this Act, at the same intervals at which the wages or
2357+19 earnings of the employees were paid. If this is not feasible,
2358+20 then the installments shall be paid weekly. Such compensation
2359+21 may be paid in a lump sum upon petition as provided in Section
2360+22 9 of this Act. However, in addition to the benefits provided by
2361+23 Section 9 of this Act where compensation for death is payable
2362+24 to the deceased's widow, widower or to the deceased's widow,
2363+25 widower and one or more children, and where a partial lump sum
2364+26 is applied for by such beneficiary or beneficiaries within 18
2365+
2366+
2367+
2368+
2369+
2370+ SB3646 Enrolled - 67 - LRB103 39475 SPS 69670 b
2371+
2372+
2373+SB3646 Enrolled- 68 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 68 - LRB103 39475 SPS 69670 b
2374+ SB3646 Enrolled - 68 - LRB103 39475 SPS 69670 b
2375+1 months after the deceased's death, the Commission may, in its
2376+2 discretion, grant a partial lump sum of not to exceed 100 weeks
2377+3 of the compensation capitalized at their present value upon
2378+4 the basis of interest calculated at 3% per annum with annual
2379+5 rests, upon a showing that such partial lump sum is for the
2380+6 best interest of such beneficiary or beneficiaries.
2381+7 (h) In case the injured employee is under 16 years of age
2382+8 at the time of the accident and is illegally employed, the
2383+9 amount of compensation payable under paragraphs (a), (b), (c),
2384+10 (d) and (f) of this Section shall be increased 50%.
2385+11 Nothing herein contained repeals or amends the provisions
2386+12 of the Child Labor Law of 2024 relating to the employment of
2387+13 minors under the age of 16 years.
2388+14 However, where an employer has on file an employment
2389+15 certificate issued pursuant to the Child Labor Law of 2024 or
2390+16 work permit issued pursuant to the Federal Fair Labor
2391+17 Standards Act, as amended, or a birth certificate properly and
2392+18 duly issued, such certificate, permit or birth certificate is
2393+19 conclusive evidence as to the age of the injured minor
2394+20 employee for the purposes of this Section only.
2395+21 (i) Whenever the dependents of a deceased employee are
2396+22 noncitizens not residing in the United States, Mexico or
2397+23 Canada, the amount of compensation payable is limited to the
2398+24 beneficiaries described in paragraphs (a), (b) and (c) of this
2399+25 Section and is 50% of the compensation provided in paragraphs
2400+26 (a), (b) and (c) of this Section, except as otherwise provided
2401+
2402+
2403+
2404+
2405+
2406+ SB3646 Enrolled - 68 - LRB103 39475 SPS 69670 b
2407+
2408+
2409+SB3646 Enrolled- 69 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 69 - LRB103 39475 SPS 69670 b
2410+ SB3646 Enrolled - 69 - LRB103 39475 SPS 69670 b
2411+1 by treaty.
2412+2 In a case where any of the persons who would be entitled to
2413+3 compensation is living at any place outside of the United
2414+4 States, then payment shall be made to the personal
2415+5 representative of the deceased employee. The distribution by
2416+6 such personal representative to the persons entitled shall be
2417+7 made to such persons and in such manner as the Commission
2418+8 orders.
2419+9 (Source: P.A. 102-1030, eff. 5-27-22.)
2420+10 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
2421+11 Sec. 8. The amount of compensation which shall be paid to
2422+12 the employee for an accidental injury not resulting in death
2423+13 is:
2424+14 (a) The employer shall provide and pay the negotiated
2425+15 rate, if applicable, or the lesser of the health care
2426+16 provider's actual charges or according to a fee schedule,
2427+17 subject to Section 8.2, in effect at the time the service was
2428+18 rendered for all the necessary first aid, medical and surgical
2429+19 services, and all necessary medical, surgical and hospital
2430+20 services thereafter incurred, limited, however, to that which
2431+21 is reasonably required to cure or relieve from the effects of
2432+22 the accidental injury, even if a health care provider sells,
2433+23 transfers, or otherwise assigns an account receivable for
2434+24 procedures, treatments, or services covered under this Act. If
2435+25 the employer does not dispute payment of first aid, medical,
2436+
2437+
2438+
2439+
2440+
2441+ SB3646 Enrolled - 69 - LRB103 39475 SPS 69670 b
2442+
2443+
2444+SB3646 Enrolled- 70 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 70 - LRB103 39475 SPS 69670 b
2445+ SB3646 Enrolled - 70 - LRB103 39475 SPS 69670 b
2446+1 surgical, and hospital services, the employer shall make such
2447+2 payment to the provider on behalf of the employee. The
2448+3 employer shall also pay for treatment, instruction and
2449+4 training necessary for the physical, mental and vocational
2450+5 rehabilitation of the employee, including all maintenance
2451+6 costs and expenses incidental thereto. If as a result of the
2452+7 injury the employee is unable to be self-sufficient the
2453+8 employer shall further pay for such maintenance or
2454+9 institutional care as shall be required.
2455+10 The employee may at any time elect to secure his own
2456+11 physician, surgeon and hospital services at the employer's
2457+12 expense, or,
2458+13 Upon agreement between the employer and the employees, or
2459+14 the employees' exclusive representative, and subject to the
2460+15 approval of the Illinois Workers' Compensation Commission, the
2461+16 employer shall maintain a list of physicians, to be known as a
2462+17 Panel of Physicians, who are accessible to the employees. The
2463+18 employer shall post this list in a place or places easily
2464+19 accessible to his employees. The employee shall have the right
2465+20 to make an alternative choice of physician from such Panel if
2466+21 he is not satisfied with the physician first selected. If, due
2467+22 to the nature of the injury or its occurrence away from the
2468+23 employer's place of business, the employee is unable to make a
2469+24 selection from the Panel, the selection process from the Panel
2470+25 shall not apply. The physician selected from the Panel may
2471+26 arrange for any consultation, referral or other specialized
2472+
2473+
2474+
2475+
2476+
2477+ SB3646 Enrolled - 70 - LRB103 39475 SPS 69670 b
2478+
2479+
2480+SB3646 Enrolled- 71 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 71 - LRB103 39475 SPS 69670 b
2481+ SB3646 Enrolled - 71 - LRB103 39475 SPS 69670 b
2482+1 medical services outside the Panel at the employer's expense.
2483+2 Provided that, in the event the Commission shall find that a
2484+3 doctor selected by the employee is rendering improper or
2485+4 inadequate care, the Commission may order the employee to
2486+5 select another doctor certified or qualified in the medical
2487+6 field for which treatment is required. If the employee refuses
2488+7 to make such change the Commission may relieve the employer of
2489+8 his obligation to pay the doctor's charges from the date of
2490+9 refusal to the date of compliance.
2491+10 Any vocational rehabilitation counselors who provide
2492+11 service under this Act shall have appropriate certifications
2493+12 which designate the counselor as qualified to render opinions
2494+13 relating to vocational rehabilitation. Vocational
2495+14 rehabilitation may include, but is not limited to, counseling
2496+15 for job searches, supervising a job search program, and
2497+16 vocational retraining including education at an accredited
2498+17 learning institution. The employee or employer may petition to
2499+18 the Commission to decide disputes relating to vocational
2500+19 rehabilitation and the Commission shall resolve any such
2501+20 dispute, including payment of the vocational rehabilitation
2502+21 program by the employer.
2503+22 The maintenance benefit shall not be less than the
2504+23 temporary total disability rate determined for the employee.
2505+24 In addition, maintenance shall include costs and expenses
2506+25 incidental to the vocational rehabilitation program.
2507+26 When the employee is working light duty on a part-time
2508+
2509+
2510+
2511+
2512+
2513+ SB3646 Enrolled - 71 - LRB103 39475 SPS 69670 b
2514+
2515+
2516+SB3646 Enrolled- 72 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 72 - LRB103 39475 SPS 69670 b
2517+ SB3646 Enrolled - 72 - LRB103 39475 SPS 69670 b
2518+1 basis or full-time basis and earns less than he or she would be
2519+2 earning if employed in the full capacity of the job or jobs,
2520+3 then the employee shall be entitled to temporary partial
2521+4 disability benefits. Temporary partial disability benefits
2522+5 shall be equal to two-thirds of the difference between the
2523+6 average amount that the employee would be able to earn in the
2524+7 full performance of his or her duties in the occupation in
2525+8 which he or she was engaged at the time of accident and the
2526+9 gross amount which he or she is earning in the modified job
2527+10 provided to the employee by the employer or in any other job
2528+11 that the employee is working.
2529+12 Every hospital, physician, surgeon or other person
2530+13 rendering treatment or services in accordance with the
2531+14 provisions of this Section shall upon written request furnish
2532+15 full and complete reports thereof to, and permit their records
2533+16 to be copied by, the employer, the employee or his dependents,
2534+17 as the case may be, or any other party to any proceeding for
2535+18 compensation before the Commission, or their attorneys.
2536+19 Notwithstanding the foregoing, the employer's liability to
2537+20 pay for such medical services selected by the employee shall
2538+21 be limited to:
2539+22 (1) all first aid and emergency treatment; plus
2540+23 (2) all medical, surgical and hospital services
2541+24 provided by the physician, surgeon or hospital initially
2542+25 chosen by the employee or by any other physician,
2543+26 consultant, expert, institution or other provider of
2544+
2545+
2546+
2547+
2548+
2549+ SB3646 Enrolled - 72 - LRB103 39475 SPS 69670 b
2550+
2551+
2552+SB3646 Enrolled- 73 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 73 - LRB103 39475 SPS 69670 b
2553+ SB3646 Enrolled - 73 - LRB103 39475 SPS 69670 b
2554+1 services recommended by said initial service provider or
2555+2 any subsequent provider of medical services in the chain
2556+3 of referrals from said initial service provider; plus
2557+4 (3) all medical, surgical and hospital services
2558+5 provided by any second physician, surgeon or hospital
2559+6 subsequently chosen by the employee or by any other
2560+7 physician, consultant, expert, institution or other
2561+8 provider of services recommended by said second service
2562+9 provider or any subsequent provider of medical services in
2563+10 the chain of referrals from said second service provider.
2564+11 Thereafter the employer shall select and pay for all
2565+12 necessary medical, surgical and hospital treatment and the
2566+13 employee may not select a provider of medical services at
2567+14 the employer's expense unless the employer agrees to such
2568+15 selection. At any time the employee may obtain any medical
2569+16 treatment he desires at his own expense. This paragraph
2570+17 shall not affect the duty to pay for rehabilitation
2571+18 referred to above.
2572+19 (4) The following shall apply for injuries occurring
2573+20 on or after June 28, 2011 (the effective date of Public Act
2574+21 97-18) and only when an employer has an approved preferred
2575+22 provider program pursuant to Section 8.1a on the date the
2576+23 employee sustained his or her accidental injuries:
2577+24 (A) The employer shall, in writing, on a form
2578+25 promulgated by the Commission, inform the employee of
2579+26 the preferred provider program;
2580+
2581+
2582+
2583+
2584+
2585+ SB3646 Enrolled - 73 - LRB103 39475 SPS 69670 b
2586+
2587+
2588+SB3646 Enrolled- 74 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 74 - LRB103 39475 SPS 69670 b
2589+ SB3646 Enrolled - 74 - LRB103 39475 SPS 69670 b
2590+1 (B) Subsequent to the report of an injury by an
2591+2 employee, the employee may choose in writing at any
2592+3 time to decline the preferred provider program, in
2593+4 which case that would constitute one of the two
2594+5 choices of medical providers to which the employee is
2595+6 entitled under subsection (a)(2) or (a)(3); and
2596+7 (C) Prior to the report of an injury by an
2597+8 employee, when an employee chooses non-emergency
2598+9 treatment from a provider not within the preferred
2599+10 provider program, that would constitute the employee's
2600+11 one choice of medical providers to which the employee
2601+12 is entitled under subsection (a)(2) or (a)(3).
2602+13 When an employer and employee so agree in writing, nothing
2603+14 in this Act prevents an employee whose injury or disability
2604+15 has been established under this Act, from relying in good
2605+16 faith, on treatment by prayer or spiritual means alone, in
2606+17 accordance with the tenets and practice of a recognized church
2607+18 or religious denomination, by a duly accredited practitioner
2608+19 thereof, and having nursing services appropriate therewith,
2609+20 without suffering loss or diminution of the compensation
2610+21 benefits under this Act. However, the employee shall submit to
2611+22 all physical examinations required by this Act. The cost of
2612+23 such treatment and nursing care shall be paid by the employee
2613+24 unless the employer agrees to make such payment.
2614+25 Where the accidental injury results in the amputation of
2615+26 an arm, hand, leg or foot, or the enucleation of an eye, or the
2616+
2617+
2618+
2619+
2620+
2621+ SB3646 Enrolled - 74 - LRB103 39475 SPS 69670 b
2622+
2623+
2624+SB3646 Enrolled- 75 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 75 - LRB103 39475 SPS 69670 b
2625+ SB3646 Enrolled - 75 - LRB103 39475 SPS 69670 b
2626+1 loss of any of the natural teeth, the employer shall furnish an
2627+2 artificial of any such members lost or damaged in accidental
2628+3 injury arising out of and in the course of employment, and
2629+4 shall also furnish the necessary braces in all proper and
2630+5 necessary cases. In cases of the loss of a member or members by
2631+6 amputation, the employer shall, whenever necessary, maintain
2632+7 in good repair, refit or replace the artificial limbs during
2633+8 the lifetime of the employee. Where the accidental injury
2634+9 accompanied by physical injury results in damage to a denture,
2635+10 eye glasses or contact eye lenses, or where the accidental
2636+11 injury results in damage to an artificial member, the employer
2637+12 shall replace or repair such denture, glasses, lenses, or
2638+13 artificial member.
2639+14 The furnishing by the employer of any such services or
2640+15 appliances is not an admission of liability on the part of the
2641+16 employer to pay compensation.
2642+17 The furnishing of any such services or appliances or the
2643+18 servicing thereof by the employer is not the payment of
2644+19 compensation.
2645+20 (b) If the period of temporary total incapacity for work
2646+21 lasts more than 3 working days, weekly compensation as
2647+22 hereinafter provided shall be paid beginning on the 4th day of
2648+23 such temporary total incapacity and continuing as long as the
2649+24 total temporary incapacity lasts. In cases where the temporary
2650+25 total incapacity for work continues for a period of 14 days or
2651+26 more from the day of the accident compensation shall commence
2652+
2653+
2654+
2655+
2656+
2657+ SB3646 Enrolled - 75 - LRB103 39475 SPS 69670 b
2658+
2659+
2660+SB3646 Enrolled- 76 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 76 - LRB103 39475 SPS 69670 b
2661+ SB3646 Enrolled - 76 - LRB103 39475 SPS 69670 b
2662+1 on the day after the accident.
2663+2 1. The compensation rate for temporary total
2664+3 incapacity under this paragraph (b) of this Section shall
2665+4 be equal to 66 2/3% of the employee's average weekly wage
2666+5 computed in accordance with Section 10, provided that it
2667+6 shall be not less than 66 2/3% of the sum of the Federal
2668+7 minimum wage under the Fair Labor Standards Act, or the
2669+8 Illinois minimum wage under the Minimum Wage Law,
2670+9 whichever is more, multiplied by 40 hours. This percentage
2671+10 rate shall be increased by 10% for each spouse and child,
2672+11 not to exceed 100% of the total minimum wage calculation,
2673+12 nor exceed the employee's average weekly wage computed in
2674+13 accordance with the provisions of Section 10, whichever is
2675+14 less.
2676+15 2. The compensation rate in all cases other than for
2677+16 temporary total disability under this paragraph (b), and
2678+17 other than for serious and permanent disfigurement under
2679+18 paragraph (c) and other than for permanent partial
2680+19 disability under subparagraph (2) of paragraph (d) or
2681+20 under paragraph (e), of this Section shall be equal to 66
2682+21 2/3% of the employee's average weekly wage computed in
2683+22 accordance with the provisions of Section 10, provided
2684+23 that it shall be not less than 66 2/3% of the sum of the
2685+24 Federal minimum wage under the Fair Labor Standards Act,
2686+25 or the Illinois minimum wage under the Minimum Wage Law,
2687+26 whichever is more, multiplied by 40 hours. This percentage
2688+
2689+
2690+
2691+
2692+
2693+ SB3646 Enrolled - 76 - LRB103 39475 SPS 69670 b
2694+
2695+
2696+SB3646 Enrolled- 77 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 77 - LRB103 39475 SPS 69670 b
2697+ SB3646 Enrolled - 77 - LRB103 39475 SPS 69670 b
2698+1 rate shall be increased by 10% for each spouse and child,
2699+2 not to exceed 100% of the total minimum wage calculation,
2700+3 nor exceed the employee's average weekly wage computed in
2701+4 accordance with the provisions of Section 10, whichever is
2702+5 less.
2703+6 2.1. The compensation rate in all cases of serious and
2704+7 permanent disfigurement under paragraph (c) and of
2705+8 permanent partial disability under subparagraph (2) of
2706+9 paragraph (d) or under paragraph (e) of this Section shall
2707+10 be equal to 60% of the employee's average weekly wage
2708+11 computed in accordance with the provisions of Section 10,
2709+12 provided that it shall be not less than 66 2/3% of the sum
2710+13 of the Federal minimum wage under the Fair Labor Standards
2711+14 Act, or the Illinois minimum wage under the Minimum Wage
2712+15 Law, whichever is more, multiplied by 40 hours. This
2713+16 percentage rate shall be increased by 10% for each spouse
2714+17 and child, not to exceed 100% of the total minimum wage
2715+18 calculation, nor exceed the employee's average weekly wage
2716+19 computed in accordance with the provisions of Section 10,
2717+20 whichever is less.
2718+21 3. As used in this Section the term "child" means a
2719+22 child of the employee including any child legally adopted
2720+23 before the accident or whom at the time of the accident the
2721+24 employee was under legal obligation to support or to whom
2722+25 the employee stood in loco parentis, and who at the time of
2723+26 the accident was under 18 years of age and not
2724+
2725+
2726+
2727+
2728+
2729+ SB3646 Enrolled - 77 - LRB103 39475 SPS 69670 b
2730+
2731+
2732+SB3646 Enrolled- 78 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 78 - LRB103 39475 SPS 69670 b
2733+ SB3646 Enrolled - 78 - LRB103 39475 SPS 69670 b
2734+1 emancipated. The term "children" means the plural of
2735+2 "child".
2736+3 4. All weekly compensation rates provided under
2737+4 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
2738+5 Section shall be subject to the following limitations:
2739+6 The maximum weekly compensation rate from July 1,
2740+7 1975, except as hereinafter provided, shall be 100% of the
2741+8 State's average weekly wage in covered industries under
2742+9 the Unemployment Insurance Act, that being the wage that
2743+10 most closely approximates the State's average weekly wage.
2744+11 The maximum weekly compensation rate, for the period
2745+12 July 1, 1984, through June 30, 1987, except as hereinafter
2746+13 provided, shall be $293.61. Effective July 1, 1987 and on
2747+14 July 1 of each year thereafter the maximum weekly
2748+15 compensation rate, except as hereinafter provided, shall
2749+16 be determined as follows: if during the preceding 12 month
2750+17 period there shall have been an increase in the State's
2751+18 average weekly wage in covered industries under the
2752+19 Unemployment Insurance Act, the weekly compensation rate
2753+20 shall be proportionately increased by the same percentage
2754+21 as the percentage of increase in the State's average
2755+22 weekly wage in covered industries under the Unemployment
2756+23 Insurance Act during such period.
2757+24 The maximum weekly compensation rate, for the period
2758+25 January 1, 1981 through December 31, 1983, except as
2759+26 hereinafter provided, shall be 100% of the State's average
2760+
2761+
2762+
2763+
2764+
2765+ SB3646 Enrolled - 78 - LRB103 39475 SPS 69670 b
2766+
2767+
2768+SB3646 Enrolled- 79 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 79 - LRB103 39475 SPS 69670 b
2769+ SB3646 Enrolled - 79 - LRB103 39475 SPS 69670 b
2770+1 weekly wage in covered industries under the Unemployment
2771+2 Insurance Act in effect on January 1, 1981. Effective
2772+3 January 1, 1984 and on January 1, of each year thereafter
2773+4 the maximum weekly compensation rate, except as
2774+5 hereinafter provided, shall be determined as follows: if
2775+6 during the preceding 12 month period there shall have been
2776+7 an increase in the State's average weekly wage in covered
2777+8 industries under the Unemployment Insurance Act, the
2778+9 weekly compensation rate shall be proportionately
2779+10 increased by the same percentage as the percentage of
2780+11 increase in the State's average weekly wage in covered
2781+12 industries under the Unemployment Insurance Act during
2782+13 such period.
2783+14 From July 1, 1977 and thereafter such maximum weekly
2784+15 compensation rate in death cases under Section 7, and
2785+16 permanent total disability cases under paragraph (f) or
2786+17 subparagraph 18 of paragraph (3) of this Section and for
2787+18 temporary total disability under paragraph (b) of this
2788+19 Section and for amputation of a member or enucleation of
2789+20 an eye under paragraph (e) of this Section shall be
2790+21 increased to 133-1/3% of the State's average weekly wage
2791+22 in covered industries under the Unemployment Insurance
2792+23 Act.
2793+24 For injuries occurring on or after February 1, 2006,
2794+25 the maximum weekly benefit under paragraph (d)1 of this
2795+26 Section shall be 100% of the State's average weekly wage
2796+
2797+
2798+
2799+
2800+
2801+ SB3646 Enrolled - 79 - LRB103 39475 SPS 69670 b
2802+
2803+
2804+SB3646 Enrolled- 80 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 80 - LRB103 39475 SPS 69670 b
2805+ SB3646 Enrolled - 80 - LRB103 39475 SPS 69670 b
2806+1 in covered industries under the Unemployment Insurance
2807+2 Act.
2808+3 4.1. Any provision herein to the contrary
2809+4 notwithstanding, the weekly compensation rate for
2810+5 compensation payments under subparagraph 18 of paragraph
2811+6 (e) of this Section and under paragraph (f) of this
2812+7 Section and under paragraph (a) of Section 7 and for
2813+8 amputation of a member or enucleation of an eye under
2814+9 paragraph (e) of this Section, shall in no event be less
2815+10 than 50% of the State's average weekly wage in covered
2816+11 industries under the Unemployment Insurance Act.
2817+12 4.2. Any provision to the contrary notwithstanding,
2818+13 the total compensation payable under Section 7 shall not
2819+14 exceed the greater of $500,000 or 25 years.
2820+15 5. For the purpose of this Section this State's
2821+16 average weekly wage in covered industries under the
2822+17 Unemployment Insurance Act on July 1, 1975 is hereby fixed
2823+18 at $228.16 per week and the computation of compensation
2824+19 rates shall be based on the aforesaid average weekly wage
2825+20 until modified as hereinafter provided.
2826+21 6. The Department of Employment Security of the State
2827+22 shall on or before the first day of December, 1977, and on
2828+23 or before the first day of June, 1978, and on the first day
2829+24 of each December and June of each year thereafter, publish
2830+25 the State's average weekly wage in covered industries
2831+26 under the Unemployment Insurance Act and the Illinois
2832+
2833+
2834+
2835+
2836+
2837+ SB3646 Enrolled - 80 - LRB103 39475 SPS 69670 b
2838+
2839+
2840+SB3646 Enrolled- 81 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 81 - LRB103 39475 SPS 69670 b
2841+ SB3646 Enrolled - 81 - LRB103 39475 SPS 69670 b
2842+1 Workers' Compensation Commission shall on the 15th day of
2843+2 January, 1978 and on the 15th day of July, 1978 and on the
2844+3 15th day of each January and July of each year thereafter,
2845+4 post and publish the State's average weekly wage in
2846+5 covered industries under the Unemployment Insurance Act as
2847+6 last determined and published by the Department of
2848+7 Employment Security. The amount when so posted and
2849+8 published shall be conclusive and shall be applicable as
2850+9 the basis of computation of compensation rates until the
2851+10 next posting and publication as aforesaid.
2852+11 7. The payment of compensation by an employer or his
2853+12 insurance carrier to an injured employee shall not
2854+13 constitute an admission of the employer's liability to pay
2855+14 compensation.
2856+15 (c) For any serious and permanent disfigurement to the
2857+16 hand, head, face, neck, arm, leg below the knee or the chest
2858+17 above the axillary line, the employee is entitled to
2859+18 compensation for such disfigurement, the amount determined by
2860+19 agreement at any time or by arbitration under this Act, at a
2861+20 hearing not less than 6 months after the date of the accidental
2862+21 injury, which amount shall not exceed 150 weeks (if the
2863+22 accidental injury occurs on or after the effective date of
2864+23 this amendatory Act of the 94th General Assembly but before
2865+24 February 1, 2006) or 162 weeks (if the accidental injury
2866+25 occurs on or after February 1, 2006) at the applicable rate
2867+26 provided in subparagraph 2.1 of paragraph (b) of this Section.
2868+
2869+
2870+
2871+
2872+
2873+ SB3646 Enrolled - 81 - LRB103 39475 SPS 69670 b
2874+
2875+
2876+SB3646 Enrolled- 82 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 82 - LRB103 39475 SPS 69670 b
2877+ SB3646 Enrolled - 82 - LRB103 39475 SPS 69670 b
2878+1 No compensation is payable under this paragraph where
2879+2 compensation is payable under paragraphs (d), (e) or (f) of
2880+3 this Section.
2881+4 A duly appointed member of a fire department in a city, the
2882+5 population of which exceeds 500,000 according to the last
2883+6 federal or State census, is eligible for compensation under
2884+7 this paragraph only where such serious and permanent
2885+8 disfigurement results from burns.
2886+9 (d) 1. If, after the accidental injury has been sustained,
2887+10 the employee as a result thereof becomes partially
2888+11 incapacitated from pursuing his usual and customary line of
2889+12 employment, he shall, except in cases compensated under the
2890+13 specific schedule set forth in paragraph (e) of this Section,
2891+14 receive compensation for the duration of his disability,
2892+15 subject to the limitations as to maximum amounts fixed in
2893+16 paragraph (b) of this Section, equal to 66-2/3% of the
2894+17 difference between the average amount which he would be able
2895+18 to earn in the full performance of his duties in the occupation
2896+19 in which he was engaged at the time of the accident and the
2897+20 average amount which he is earning or is able to earn in some
2898+21 suitable employment or business after the accident. For
2899+22 accidental injuries that occur on or after September 1, 2011,
2900+23 an award for wage differential under this subsection shall be
2901+24 effective only until the employee reaches the age of 67 or 5
2902+25 years from the date the award becomes final, whichever is
2903+26 later.
2904+
2905+
2906+
2907+
2908+
2909+ SB3646 Enrolled - 82 - LRB103 39475 SPS 69670 b
2910+
2911+
2912+SB3646 Enrolled- 83 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 83 - LRB103 39475 SPS 69670 b
2913+ SB3646 Enrolled - 83 - LRB103 39475 SPS 69670 b
2914+1 2. If, as a result of the accident, the employee sustains
2915+2 serious and permanent injuries not covered by paragraphs (c)
2916+3 and (e) of this Section or having sustained injuries covered
2917+4 by the aforesaid paragraphs (c) and (e), he shall have
2918+5 sustained in addition thereto other injuries which injuries do
2919+6 not incapacitate him from pursuing the duties of his
2920+7 employment but which would disable him from pursuing other
2921+8 suitable occupations, or which have otherwise resulted in
2922+9 physical impairment; or if such injuries partially
2923+10 incapacitate him from pursuing the duties of his usual and
2924+11 customary line of employment but do not result in an
2925+12 impairment of earning capacity, or having resulted in an
2926+13 impairment of earning capacity, the employee elects to waive
2927+14 his right to recover under the foregoing subparagraph 1 of
2928+15 paragraph (d) of this Section then in any of the foregoing
2929+16 events, he shall receive in addition to compensation for
2930+17 temporary total disability under paragraph (b) of this
2931+18 Section, compensation at the rate provided in subparagraph 2.1
2932+19 of paragraph (b) of this Section for that percentage of 500
2933+20 weeks that the partial disability resulting from the injuries
2934+21 covered by this paragraph bears to total disability. If the
2935+22 employee shall have sustained a fracture of one or more
2936+23 vertebra or fracture of the skull, the amount of compensation
2937+24 allowed under this Section shall be not less than 6 weeks for a
2938+25 fractured skull and 6 weeks for each fractured vertebra, and
2939+26 in the event the employee shall have sustained a fracture of
2940+
2941+
2942+
2943+
2944+
2945+ SB3646 Enrolled - 83 - LRB103 39475 SPS 69670 b
2946+
2947+
2948+SB3646 Enrolled- 84 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 84 - LRB103 39475 SPS 69670 b
2949+ SB3646 Enrolled - 84 - LRB103 39475 SPS 69670 b
2950+1 any of the following facial bones: nasal, lachrymal, vomer,
2951+2 zygoma, maxilla, palatine or mandible, the amount of
2952+3 compensation allowed under this Section shall be not less than
2953+4 2 weeks for each such fractured bone, and for a fracture of
2954+5 each transverse process not less than 3 weeks. In the event
2955+6 such injuries shall result in the loss of a kidney, spleen or
2956+7 lung, the amount of compensation allowed under this Section
2957+8 shall be not less than 10 weeks for each such organ.
2958+9 Compensation awarded under this subparagraph 2 shall not take
2959+10 into consideration injuries covered under paragraphs (c) and
2960+11 (e) of this Section and the compensation provided in this
2961+12 paragraph shall not affect the employee's right to
2962+13 compensation payable under paragraphs (b), (c) and (e) of this
2963+14 Section for the disabilities therein covered.
2964+15 (e) For accidental injuries in the following schedule, the
2965+16 employee shall receive compensation for the period of
2966+17 temporary total incapacity for work resulting from such
2967+18 accidental injury, under subparagraph 1 of paragraph (b) of
2968+19 this Section, and shall receive in addition thereto
2969+20 compensation for a further period for the specific loss herein
2970+21 mentioned, but shall not receive any compensation under any
2971+22 other provisions of this Act. The following listed amounts
2972+23 apply to either the loss of or the permanent and complete loss
2973+24 of use of the member specified, such compensation for the
2974+25 length of time as follows:
2975+26 1. Thumb-
2976+
2977+
2978+
2979+
2980+
2981+ SB3646 Enrolled - 84 - LRB103 39475 SPS 69670 b
2982+
2983+
2984+SB3646 Enrolled- 85 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 85 - LRB103 39475 SPS 69670 b
2985+ SB3646 Enrolled - 85 - LRB103 39475 SPS 69670 b
2986+1 70 weeks if the accidental injury occurs on or
2987+2 after the effective date of this amendatory Act of the
2988+3 94th General Assembly but before February 1, 2006.
2989+4 76 weeks if the accidental injury occurs on or
2990+5 after February 1, 2006.
2991+6 2. First, or index finger-
2992+7 40 weeks if the accidental injury occurs on or
2993+8 after the effective date of this amendatory Act of the
2994+9 94th General Assembly but before February 1, 2006.
2995+10 43 weeks if the accidental injury occurs on or
2996+11 after February 1, 2006.
2997+12 3. Second, or middle finger-
2998+13 35 weeks if the accidental injury occurs on or
2999+14 after the effective date of this amendatory Act of the
3000+15 94th General Assembly but before February 1, 2006.
3001+16 38 weeks if the accidental injury occurs on or
3002+17 after February 1, 2006.
3003+18 4. Third, or ring finger-
3004+19 25 weeks if the accidental injury occurs on or
3005+20 after the effective date of this amendatory Act of the
3006+21 94th General Assembly but before February 1, 2006.
3007+22 27 weeks if the accidental injury occurs on or
3008+23 after February 1, 2006.
3009+24 5. Fourth, or little finger-
3010+25 20 weeks if the accidental injury occurs on or
3011+26 after the effective date of this amendatory Act of the
3012+
3013+
3014+
3015+
3016+
3017+ SB3646 Enrolled - 85 - LRB103 39475 SPS 69670 b
3018+
3019+
3020+SB3646 Enrolled- 86 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 86 - LRB103 39475 SPS 69670 b
3021+ SB3646 Enrolled - 86 - LRB103 39475 SPS 69670 b
3022+1 94th General Assembly but before February 1, 2006.
3023+2 22 weeks if the accidental injury occurs on or
3024+3 after February 1, 2006.
3025+4 6. Great toe-
3026+5 35 weeks if the accidental injury occurs on or
3027+6 after the effective date of this amendatory Act of the
3028+7 94th General Assembly but before February 1, 2006.
3029+8 38 weeks if the accidental injury occurs on or
3030+9 after February 1, 2006.
3031+10 7. Each toe other than great toe-
3032+11 12 weeks if the accidental injury occurs on or
3033+12 after the effective date of this amendatory Act of the
3034+13 94th General Assembly but before February 1, 2006.
3035+14 13 weeks if the accidental injury occurs on or
3036+15 after February 1, 2006.
3037+16 8. The loss of the first or distal phalanx of the thumb
3038+17 or of any finger or toe shall be considered to be equal to
3039+18 the loss of one-half of such thumb, finger or toe and the
3040+19 compensation payable shall be one-half of the amount above
3041+20 specified. The loss of more than one phalanx shall be
3042+21 considered as the loss of the entire thumb, finger or toe.
3043+22 In no case shall the amount received for more than one
3044+23 finger exceed the amount provided in this schedule for the
3045+24 loss of a hand.
3046+25 9. Hand-
3047+26 190 weeks if the accidental injury occurs on or
3048+
3049+
3050+
3051+
3052+
3053+ SB3646 Enrolled - 86 - LRB103 39475 SPS 69670 b
3054+
3055+
3056+SB3646 Enrolled- 87 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 87 - LRB103 39475 SPS 69670 b
3057+ SB3646 Enrolled - 87 - LRB103 39475 SPS 69670 b
3058+1 after the effective date of this amendatory Act of the
3059+2 94th General Assembly but before February 1, 2006.
3060+3 205 weeks if the accidental injury occurs on or
3061+4 after February 1, 2006.
3062+5 190 weeks if the accidental injury occurs on or
3063+6 after June 28, 2011 (the effective date of Public Act
3064+7 97-18) and if the accidental injury involves carpal
3065+8 tunnel syndrome due to repetitive or cumulative
3066+9 trauma, in which case the permanent partial disability
3067+10 shall not exceed 15% loss of use of the hand, except
3068+11 for cause shown by clear and convincing evidence and
3069+12 in which case the award shall not exceed 30% loss of
3070+13 use of the hand.
3071+14 The loss of 2 or more digits, or one or more phalanges
3072+15 of 2 or more digits, of a hand may be compensated on the
3073+16 basis of partial loss of use of a hand, provided, further,
3074+17 that the loss of 4 digits, or the loss of use of 4 digits,
3075+18 in the same hand shall constitute the complete loss of a
3076+19 hand.
3077+20 10. Arm-
3078+21 235 weeks if the accidental injury occurs on or
3079+22 after the effective date of this amendatory Act of the
3080+23 94th General Assembly but before February 1, 2006.
3081+24 253 weeks if the accidental injury occurs on or
3082+25 after February 1, 2006.
3083+26 Where an accidental injury results in the amputation
3084+
3085+
3086+
3087+
3088+
3089+ SB3646 Enrolled - 87 - LRB103 39475 SPS 69670 b
3090+
3091+
3092+SB3646 Enrolled- 88 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 88 - LRB103 39475 SPS 69670 b
3093+ SB3646 Enrolled - 88 - LRB103 39475 SPS 69670 b
3094+1 of an arm below the elbow, such injury shall be
3095+2 compensated as a loss of an arm. Where an accidental
3096+3 injury results in the amputation of an arm above the
3097+4 elbow, compensation for an additional 15 weeks (if the
3098+5 accidental injury occurs on or after the effective date of
3099+6 this amendatory Act of the 94th General Assembly but
3100+7 before February 1, 2006) or an additional 17 weeks (if the
3101+8 accidental injury occurs on or after February 1, 2006)
3102+9 shall be paid, except where the accidental injury results
3103+10 in the amputation of an arm at the shoulder joint, or so
3104+11 close to shoulder joint that an artificial arm cannot be
3105+12 used, or results in the disarticulation of an arm at the
3106+13 shoulder joint, in which case compensation for an
3107+14 additional 65 weeks (if the accidental injury occurs on or
3108+15 after the effective date of this amendatory Act of the
3109+16 94th General Assembly but before February 1, 2006) or an
3110+17 additional 70 weeks (if the accidental injury occurs on or
3111+18 after February 1, 2006) shall be paid.
3112+19 11. Foot-
3113+20 155 weeks if the accidental injury occurs on or
3114+21 after the effective date of this amendatory Act of the
3115+22 94th General Assembly but before February 1, 2006.
3116+23 167 weeks if the accidental injury occurs on or
3117+24 after February 1, 2006.
3118+25 12. Leg-
3119+26 200 weeks if the accidental injury occurs on or
3120+
3121+
3122+
3123+
3124+
3125+ SB3646 Enrolled - 88 - LRB103 39475 SPS 69670 b
3126+
3127+
3128+SB3646 Enrolled- 89 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 89 - LRB103 39475 SPS 69670 b
3129+ SB3646 Enrolled - 89 - LRB103 39475 SPS 69670 b
3130+1 after the effective date of this amendatory Act of the
3131+2 94th General Assembly but before February 1, 2006.
3132+3 215 weeks if the accidental injury occurs on or
3133+4 after February 1, 2006.
3134+5 Where an accidental injury results in the amputation
3135+6 of a leg below the knee, such injury shall be compensated
3136+7 as loss of a leg. Where an accidental injury results in the
3137+8 amputation of a leg above the knee, compensation for an
3138+9 additional 25 weeks (if the accidental injury occurs on or
3139+10 after the effective date of this amendatory Act of the
3140+11 94th General Assembly but before February 1, 2006) or an
3141+12 additional 27 weeks (if the accidental injury occurs on or
3142+13 after February 1, 2006) shall be paid, except where the
3143+14 accidental injury results in the amputation of a leg at
3144+15 the hip joint, or so close to the hip joint that an
3145+16 artificial leg cannot be used, or results in the
3146+17 disarticulation of a leg at the hip joint, in which case
3147+18 compensation for an additional 75 weeks (if the accidental
3148+19 injury occurs on or after the effective date of this
3149+20 amendatory Act of the 94th General Assembly but before
3150+21 February 1, 2006) or an additional 81 weeks (if the
3151+22 accidental injury occurs on or after February 1, 2006)
3152+23 shall be paid.
3153+24 13. Eye-
3154+25 150 weeks if the accidental injury occurs on or
3155+26 after the effective date of this amendatory Act of the
3156+
3157+
3158+
3159+
3160+
3161+ SB3646 Enrolled - 89 - LRB103 39475 SPS 69670 b
3162+
3163+
3164+SB3646 Enrolled- 90 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 90 - LRB103 39475 SPS 69670 b
3165+ SB3646 Enrolled - 90 - LRB103 39475 SPS 69670 b
3166+1 94th General Assembly but before February 1, 2006.
3167+2 162 weeks if the accidental injury occurs on or
3168+3 after February 1, 2006.
3169+4 Where an accidental injury results in the enucleation
3170+5 of an eye, compensation for an additional 10 weeks (if the
3171+6 accidental injury occurs on or after the effective date of
3172+7 this amendatory Act of the 94th General Assembly but
3173+8 before February 1, 2006) or an additional 11 weeks (if the
3174+9 accidental injury occurs on or after February 1, 2006)
3175+10 shall be paid.
3176+11 14. Loss of hearing of one ear-
3177+12 50 weeks if the accidental injury occurs on or
3178+13 after the effective date of this amendatory Act of the
3179+14 94th General Assembly but before February 1, 2006.
3180+15 54 weeks if the accidental injury occurs on or
3181+16 after February 1, 2006.
3182+17 Total and permanent loss of hearing of both ears-
3183+18 200 weeks if the accidental injury occurs on or
3184+19 after the effective date of this amendatory Act of the
3185+20 94th General Assembly but before February 1, 2006.
3186+21 215 weeks if the accidental injury occurs on or
3187+22 after February 1, 2006.
3188+23 15. Testicle-
3189+24 50 weeks if the accidental injury occurs on or
3190+25 after the effective date of this amendatory Act of the
3191+26 94th General Assembly but before February 1, 2006.
3192+
3193+
3194+
3195+
3196+
3197+ SB3646 Enrolled - 90 - LRB103 39475 SPS 69670 b
3198+
3199+
3200+SB3646 Enrolled- 91 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 91 - LRB103 39475 SPS 69670 b
3201+ SB3646 Enrolled - 91 - LRB103 39475 SPS 69670 b
3202+1 54 weeks if the accidental injury occurs on or
3203+2 after February 1, 2006.
3204+3 Both testicles-
3205+4 150 weeks if the accidental injury occurs on or
3206+5 after the effective date of this amendatory Act of the
3207+6 94th General Assembly but before February 1, 2006.
3208+7 162 weeks if the accidental injury occurs on or
3209+8 after February 1, 2006.
3210+9 16. For the permanent partial loss of use of a member
3211+10 or sight of an eye, or hearing of an ear, compensation
3212+11 during that proportion of the number of weeks in the
3213+12 foregoing schedule provided for the loss of such member or
3214+13 sight of an eye, or hearing of an ear, which the partial
3215+14 loss of use thereof bears to the total loss of use of such
3216+15 member, or sight of eye, or hearing of an ear.
3217+16 (a) Loss of hearing for compensation purposes
3218+17 shall be confined to the frequencies of 1,000, 2,000
3219+18 and 3,000 cycles per second. Loss of hearing ability
3220+19 for frequency tones above 3,000 cycles per second are
3221+20 not to be considered as constituting disability for
3222+21 hearing.
3223+22 (b) The percent of hearing loss, for purposes of
3224+23 the determination of compensation claims for
3225+24 occupational deafness, shall be calculated as the
3226+25 average in decibels for the thresholds of hearing for
3227+26 the frequencies of 1,000, 2,000 and 3,000 cycles per
3228+
3229+
3230+
3231+
3232+
3233+ SB3646 Enrolled - 91 - LRB103 39475 SPS 69670 b
3234+
3235+
3236+SB3646 Enrolled- 92 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 92 - LRB103 39475 SPS 69670 b
3237+ SB3646 Enrolled - 92 - LRB103 39475 SPS 69670 b
3238+1 second. Pure tone air conduction audiometric
3239+2 instruments, approved by nationally recognized
3240+3 authorities in this field, shall be used for measuring
3241+4 hearing loss. If the losses of hearing average 30
3242+5 decibels or less in the 3 frequencies, such losses of
3243+6 hearing shall not then constitute any compensable
3244+7 hearing disability. If the losses of hearing average
3245+8 85 decibels or more in the 3 frequencies, then the same
3246+9 shall constitute and be total or 100% compensable
3247+10 hearing loss.
3248+11 (c) In measuring hearing impairment, the lowest
3249+12 measured losses in each of the 3 frequencies shall be
3250+13 added together and divided by 3 to determine the
3251+14 average decibel loss. For every decibel of loss
3252+15 exceeding 30 decibels an allowance of 1.82% shall be
3253+16 made up to the maximum of 100% which is reached at 85
3254+17 decibels.
3255+18 (d) If a hearing loss is established to have
3256+19 existed on July 1, 1975 by audiometric testing the
3257+20 employer shall not be liable for the previous loss so
3258+21 established nor shall he be liable for any loss for
3259+22 which compensation has been paid or awarded.
3260+23 (e) No consideration shall be given to the
3261+24 question of whether or not the ability of an employee
3262+25 to understand speech is improved by the use of a
3263+26 hearing aid.
3264+
3265+
3266+
3267+
3268+
3269+ SB3646 Enrolled - 92 - LRB103 39475 SPS 69670 b
3270+
3271+
3272+SB3646 Enrolled- 93 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 93 - LRB103 39475 SPS 69670 b
3273+ SB3646 Enrolled - 93 - LRB103 39475 SPS 69670 b
3274+1 (f) No claim for loss of hearing due to industrial
3275+2 noise shall be brought against an employer or allowed
3276+3 unless the employee has been exposed for a period of
3277+4 time sufficient to cause permanent impairment to noise
3278+5 levels in excess of the following:
3279+6Sound Level DBA7Slow ResponseHours Per Day890899261095411973121002131021-1/2141051151101/2161151/4 6 Sound Level DBA 7 Slow Response Hours Per Day 8 90 8 9 92 6 10 95 4 11 97 3 12 100 2 13 102 1-1/2 14 105 1 15 110 1/2 16 115 1/4
3280+6 Sound Level DBA
3281+7 Slow Response Hours Per Day
3282+8 90 8
3283+9 92 6
3284+10 95 4
3285+11 97 3
3286+12 100 2
3287+13 102 1-1/2
3288+14 105 1
3289+15 110 1/2
3290+16 115 1/4
3291+17 This subparagraph (f) shall not be applied in cases of
3292+18 hearing loss resulting from trauma or explosion.
3293+19 17. In computing the compensation to be paid to any
3294+20 employee who, before the accident for which he claims
3295+21 compensation, had before that time sustained an injury
3296+22 resulting in the loss by amputation or partial loss by
3297+23 amputation of any member, including hand, arm, thumb or
3298+24 fingers, leg, foot or any toes, such loss or partial loss
3299+25 of any such member shall be deducted from any award made
3300+26 for the subsequent injury. For the permanent loss of use
3301+
3302+
3303+
3304+
3305+
3306+ SB3646 Enrolled - 93 - LRB103 39475 SPS 69670 b
3307+
3308+
3309+6 Sound Level DBA
3310+7 Slow Response Hours Per Day
3311+8 90 8
3312+9 92 6
3313+10 95 4
3314+11 97 3
3315+12 100 2
3316+13 102 1-1/2
3317+14 105 1
3318+15 110 1/2
3319+16 115 1/4
3320+
3321+
3322+SB3646 Enrolled- 94 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 94 - LRB103 39475 SPS 69670 b
3323+ SB3646 Enrolled - 94 - LRB103 39475 SPS 69670 b
3324+1 or the permanent partial loss of use of any such member or
3325+2 the partial loss of sight of an eye, for which
3326+3 compensation has been paid, then such loss shall be taken
3327+4 into consideration and deducted from any award for the
3328+5 subsequent injury.
3329+6 18. The specific case of loss of both hands, both
3330+7 arms, or both feet, or both legs, or both eyes, or of any
3331+8 two thereof, or the permanent and complete loss of the use
3332+9 thereof, constitutes total and permanent disability, to be
3333+10 compensated according to the compensation fixed by
3334+11 paragraph (f) of this Section. These specific cases of
3335+12 total and permanent disability do not exclude other cases.
3336+13 Any employee who has previously suffered the loss or
3337+14 permanent and complete loss of the use of any of such
3338+15 members, and in a subsequent independent accident loses
3339+16 another or suffers the permanent and complete loss of the
3340+17 use of any one of such members the employer for whom the
3341+18 injured employee is working at the time of the last
3342+19 independent accident is liable to pay compensation only
3343+20 for the loss or permanent and complete loss of the use of
3344+21 the member occasioned by the last independent accident.
3345+22 19. In a case of specific loss and the subsequent
3346+23 death of such injured employee from other causes than such
3347+24 injury leaving a widow, widower, or dependents surviving
3348+25 before payment or payment in full for such injury, then
3349+26 the amount due for such injury is payable to the widow or
3350+
3351+
3352+
3353+
3354+
3355+ SB3646 Enrolled - 94 - LRB103 39475 SPS 69670 b
3356+
3357+
3358+SB3646 Enrolled- 95 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 95 - LRB103 39475 SPS 69670 b
3359+ SB3646 Enrolled - 95 - LRB103 39475 SPS 69670 b
3360+1 widower and, if there be no widow or widower, then to such
3361+2 dependents, in the proportion which such dependency bears
3362+3 to total dependency.
3363+4 Beginning July 1, 1980, and every 6 months thereafter, the
3364+5 Commission shall examine the Second Injury Fund and when,
3365+6 after deducting all advances or loans made to such Fund, the
3366+7 amount therein is $500,000 then the amount required to be paid
3367+8 by employers pursuant to paragraph (f) of Section 7 shall be
3368+9 reduced by one-half. When the Second Injury Fund reaches the
3369+10 sum of $600,000 then the payments shall cease entirely.
3370+11 However, when the Second Injury Fund has been reduced to
3371+12 $400,000, payment of one-half of the amounts required by
3372+13 paragraph (f) of Section 7 shall be resumed, in the manner
3373+14 herein provided, and when the Second Injury Fund has been
3374+15 reduced to $300,000, payment of the full amounts required by
3375+16 paragraph (f) of Section 7 shall be resumed, in the manner
3376+17 herein provided. The Commission shall make the changes in
3377+18 payment effective by general order, and the changes in payment
3378+19 become immediately effective for all cases coming before the
3379+20 Commission thereafter either by settlement agreement or final
3380+21 order, irrespective of the date of the accidental injury.
3381+22 On August 1, 1996 and on February 1 and August 1 of each
3382+23 subsequent year, the Commission shall examine the special fund
3383+24 designated as the "Rate Adjustment Fund" and when, after
3384+25 deducting all advances or loans made to said fund, the amount
3385+26 therein is $4,000,000, the amount required to be paid by
3386+
3387+
3388+
3389+
3390+
3391+ SB3646 Enrolled - 95 - LRB103 39475 SPS 69670 b
3392+
3393+
3394+SB3646 Enrolled- 96 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 96 - LRB103 39475 SPS 69670 b
3395+ SB3646 Enrolled - 96 - LRB103 39475 SPS 69670 b
3396+1 employers pursuant to paragraph (f) of Section 7 shall be
3397+2 reduced by one-half. When the Rate Adjustment Fund reaches the
3398+3 sum of $5,000,000 the payment therein shall cease entirely.
3399+4 However, when said Rate Adjustment Fund has been reduced to
3400+5 $3,000,000 the amounts required by paragraph (f) of Section 7
3401+6 shall be resumed in the manner herein provided.
3402+7 (f) In case of complete disability, which renders the
3403+8 employee wholly and permanently incapable of work, or in the
3404+9 specific case of total and permanent disability as provided in
3405+10 subparagraph 18 of paragraph (e) of this Section, compensation
3406+11 shall be payable at the rate provided in subparagraph 2 of
3407+12 paragraph (b) of this Section for life.
3408+13 An employee entitled to benefits under paragraph (f) of
3409+14 this Section shall also be entitled to receive from the Rate
3410+15 Adjustment Fund provided in paragraph (f) of Section 7 of the
3411+16 supplementary benefits provided in paragraph (g) of this
3412+17 Section 8.
3413+18 If any employee who receives an award under this paragraph
3414+19 afterwards returns to work or is able to do so, and earns or is
3415+20 able to earn as much as before the accident, payments under
3416+21 such award shall cease. If such employee returns to work, or is
3417+22 able to do so, and earns or is able to earn part but not as
3418+23 much as before the accident, such award shall be modified so as
3419+24 to conform to an award under paragraph (d) of this Section. If
3420+25 such award is terminated or reduced under the provisions of
3421+26 this paragraph, such employees have the right at any time
3422+
3423+
3424+
3425+
3426+
3427+ SB3646 Enrolled - 96 - LRB103 39475 SPS 69670 b
3428+
3429+
3430+SB3646 Enrolled- 97 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 97 - LRB103 39475 SPS 69670 b
3431+ SB3646 Enrolled - 97 - LRB103 39475 SPS 69670 b
3432+1 within 30 months after the date of such termination or
3433+2 reduction to file petition with the Commission for the purpose
3434+3 of determining whether any disability exists as a result of
3435+4 the original accidental injury and the extent thereof.
3436+5 Disability as enumerated in subdivision 18, paragraph (e)
3437+6 of this Section is considered complete disability.
3438+7 If an employee who had previously incurred loss or the
3439+8 permanent and complete loss of use of one member, through the
3440+9 loss or the permanent and complete loss of the use of one hand,
3441+10 one arm, one foot, one leg, or one eye, incurs permanent and
3442+11 complete disability through the loss or the permanent and
3443+12 complete loss of the use of another member, he shall receive,
3444+13 in addition to the compensation payable by the employer and
3445+14 after such payments have ceased, an amount from the Second
3446+15 Injury Fund provided for in paragraph (f) of Section 7, which,
3447+16 together with the compensation payable from the employer in
3448+17 whose employ he was when the last accidental injury was
3449+18 incurred, will equal the amount payable for permanent and
3450+19 complete disability as provided in this paragraph of this
3451+20 Section.
3452+21 The custodian of the Second Injury Fund provided for in
3453+22 paragraph (f) of Section 7 shall be joined with the employer as
3454+23 a party respondent in the application for adjustment of claim.
3455+24 The application for adjustment of claim shall state briefly
3456+25 and in general terms the approximate time and place and manner
3457+26 of the loss of the first member.
3458+
3459+
3460+
3461+
3462+
3463+ SB3646 Enrolled - 97 - LRB103 39475 SPS 69670 b
3464+
3465+
3466+SB3646 Enrolled- 98 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 98 - LRB103 39475 SPS 69670 b
3467+ SB3646 Enrolled - 98 - LRB103 39475 SPS 69670 b
3468+1 In its award the Commission or the Arbitrator shall
3469+2 specifically find the amount the injured employee shall be
3470+3 weekly paid, the number of weeks compensation which shall be
3471+4 paid by the employer, the date upon which payments begin out of
3472+5 the Second Injury Fund provided for in paragraph (f) of
3473+6 Section 7 of this Act, the length of time the weekly payments
3474+7 continue, the date upon which the pension payments commence
3475+8 and the monthly amount of the payments. The Commission shall
3476+9 30 days after the date upon which payments out of the Second
3477+10 Injury Fund have begun as provided in the award, and every
3478+11 month thereafter, prepare and submit to the State Comptroller
3479+12 a voucher for payment for all compensation accrued to that
3480+13 date at the rate fixed by the Commission. The State
3481+14 Comptroller shall draw a warrant to the injured employee along
3482+15 with a receipt to be executed by the injured employee and
3483+16 returned to the Commission. The endorsed warrant and receipt
3484+17 is a full and complete acquittance to the Commission for the
3485+18 payment out of the Second Injury Fund. No other appropriation
3486+19 or warrant is necessary for payment out of the Second Injury
3487+20 Fund. The Second Injury Fund is appropriated for the purpose
3488+21 of making payments according to the terms of the awards.
3489+22 As of July 1, 1980 to July 1, 1982, all claims against and
3490+23 obligations of the Second Injury Fund shall become claims
3491+24 against and obligations of the Rate Adjustment Fund to the
3492+25 extent there is insufficient money in the Second Injury Fund
3493+26 to pay such claims and obligations. In that case, all
3494+
3495+
3496+
3497+
3498+
3499+ SB3646 Enrolled - 98 - LRB103 39475 SPS 69670 b
3500+
3501+
3502+SB3646 Enrolled- 99 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 99 - LRB103 39475 SPS 69670 b
3503+ SB3646 Enrolled - 99 - LRB103 39475 SPS 69670 b
3504+1 references to "Second Injury Fund" in this Section shall also
3505+2 include the Rate Adjustment Fund.
3506+3 (g) Every award for permanent total disability entered by
3507+4 the Commission on and after July 1, 1965 under which
3508+5 compensation payments shall become due and payable after the
3509+6 effective date of this amendatory Act, and every award for
3510+7 death benefits or permanent total disability entered by the
3511+8 Commission on and after the effective date of this amendatory
3512+9 Act shall be subject to annual adjustments as to the amount of
3513+10 the compensation rate therein provided. Such adjustments shall
3514+11 first be made on July 15, 1977, and all awards made and entered
3515+12 prior to July 1, 1975 and on July 15 of each year thereafter.
3516+13 In all other cases such adjustment shall be made on July 15 of
3517+14 the second year next following the date of the entry of the
3518+15 award and shall further be made on July 15 annually
3519+16 thereafter. If during the intervening period from the date of
3520+17 the entry of the award, or the last periodic adjustment, there
3521+18 shall have been an increase in the State's average weekly wage
3522+19 in covered industries under the Unemployment Insurance Act,
3523+20 the weekly compensation rate shall be proportionately
3524+21 increased by the same percentage as the percentage of increase
3525+22 in the State's average weekly wage in covered industries under
3526+23 the Unemployment Insurance Act. The increase in the
3527+24 compensation rate under this paragraph shall in no event bring
3528+25 the total compensation rate to an amount greater than the
3529+26 prevailing maximum rate at the time that the annual adjustment
3530+
3531+
3532+
3533+
3534+
3535+ SB3646 Enrolled - 99 - LRB103 39475 SPS 69670 b
3536+
3537+
3538+SB3646 Enrolled- 100 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 100 - LRB103 39475 SPS 69670 b
3539+ SB3646 Enrolled - 100 - LRB103 39475 SPS 69670 b
3540+1 is made. Such increase shall be paid in the same manner as
3541+2 herein provided for payments under the Second Injury Fund to
3542+3 the injured employee, or his dependents, as the case may be,
3543+4 out of the Rate Adjustment Fund provided in paragraph (f) of
3544+5 Section 7 of this Act. Payments shall be made at the same
3545+6 intervals as provided in the award or, at the option of the
3546+7 Commission, may be made in quarterly payment on the 15th day of
3547+8 January, April, July and October of each year. In the event of
3548+9 a decrease in such average weekly wage there shall be no change
3549+10 in the then existing compensation rate. The within paragraph
3550+11 shall not apply to cases where there is disputed liability and
3551+12 in which a compromise lump sum settlement between the employer
3552+13 and the injured employee, or his dependents, as the case may
3553+14 be, has been duly approved by the Illinois Workers'
3554+15 Compensation Commission.
3555+16 Provided, that in cases of awards entered by the
3556+17 Commission for injuries occurring before July 1, 1975, the
3557+18 increases in the compensation rate adjusted under the
3558+19 foregoing provision of this paragraph (g) shall be limited to
3559+20 increases in the State's average weekly wage in covered
3560+21 industries under the Unemployment Insurance Act occurring
3561+22 after July 1, 1975.
3562+23 For every accident occurring on or after July 20, 2005 but
3563+24 before the effective date of this amendatory Act of the 94th
3564+25 General Assembly (Senate Bill 1283 of the 94th General
3565+26 Assembly), the annual adjustments to the compensation rate in
3566+
3567+
3568+
3569+
3570+
3571+ SB3646 Enrolled - 100 - LRB103 39475 SPS 69670 b
3572+
3573+
3574+SB3646 Enrolled- 101 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 101 - LRB103 39475 SPS 69670 b
3575+ SB3646 Enrolled - 101 - LRB103 39475 SPS 69670 b
3576+1 awards for death benefits or permanent total disability, as
3577+2 provided in this Act, shall be paid by the employer. The
3578+3 adjustment shall be made by the employer on July 15 of the
3579+4 second year next following the date of the entry of the award
3580+5 and shall further be made on July 15 annually thereafter. If
3581+6 during the intervening period from the date of the entry of the
3582+7 award, or the last periodic adjustment, there shall have been
3583+8 an increase in the State's average weekly wage in covered
3584+9 industries under the Unemployment Insurance Act, the employer
3585+10 shall increase the weekly compensation rate proportionately by
3586+11 the same percentage as the percentage of increase in the
3587+12 State's average weekly wage in covered industries under the
3588+13 Unemployment Insurance Act. The increase in the compensation
3589+14 rate under this paragraph shall in no event bring the total
3590+15 compensation rate to an amount greater than the prevailing
3591+16 maximum rate at the time that the annual adjustment is made. In
3592+17 the event of a decrease in such average weekly wage there shall
3593+18 be no change in the then existing compensation rate. Such
3594+19 increase shall be paid by the employer in the same manner and
3595+20 at the same intervals as the payment of compensation in the
3596+21 award. This paragraph shall not apply to cases where there is
3597+22 disputed liability and in which a compromise lump sum
3598+23 settlement between the employer and the injured employee, or
3599+24 his or her dependents, as the case may be, has been duly
3600+25 approved by the Illinois Workers' Compensation Commission.
3601+26 The annual adjustments for every award of death benefits
3602+
3603+
3604+
3605+
3606+
3607+ SB3646 Enrolled - 101 - LRB103 39475 SPS 69670 b
3608+
3609+
3610+SB3646 Enrolled- 102 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 102 - LRB103 39475 SPS 69670 b
3611+ SB3646 Enrolled - 102 - LRB103 39475 SPS 69670 b
3612+1 or permanent total disability involving accidents occurring
3613+2 before July 20, 2005 and accidents occurring on or after the
3614+3 effective date of this amendatory Act of the 94th General
3615+4 Assembly (Senate Bill 1283 of the 94th General Assembly) shall
3616+5 continue to be paid from the Rate Adjustment Fund pursuant to
3617+6 this paragraph and Section 7(f) of this Act.
3618+7 (h) In case death occurs from any cause before the total
3619+8 compensation to which the employee would have been entitled
3620+9 has been paid, then in case the employee leaves any widow,
3621+10 widower, child, parent (or any grandchild, grandparent or
3622+11 other lineal heir or any collateral heir dependent at the time
3623+12 of the accident upon the earnings of the employee to the extent
3624+13 of 50% or more of total dependency) such compensation shall be
3625+14 paid to the beneficiaries of the deceased employee and
3626+15 distributed as provided in paragraph (g) of Section 7.
3627+16 (h-1) In case an injured employee is under legal
3628+17 disability at the time when any right or privilege accrues to
3629+18 him or her under this Act, a guardian may be appointed pursuant
3630+19 to law, and may, on behalf of such person under legal
3631+20 disability, claim and exercise any such right or privilege
3632+21 with the same effect as if the employee himself or herself had
3633+22 claimed or exercised the right or privilege. No limitations of
3634+23 time provided by this Act run so long as the employee who is
3635+24 under legal disability is without a conservator or guardian.
3636+25 (i) In case the injured employee is under 16 years of age
3637+26 at the time of the accident and is illegally employed, the
3638+
3639+
3640+
3641+
3642+
3643+ SB3646 Enrolled - 102 - LRB103 39475 SPS 69670 b
3644+
3645+
3646+SB3646 Enrolled- 103 -LRB103 39475 SPS 69670 b SB3646 Enrolled - 103 - LRB103 39475 SPS 69670 b
3647+ SB3646 Enrolled - 103 - LRB103 39475 SPS 69670 b
3648+1 amount of compensation payable under paragraphs (b), (c), (d),
3649+2 (e) and (f) of this Section is increased 50%.
3650+3 However, where an employer has on file an employment
3651+4 certificate issued pursuant to the Child Labor Law of 2024 or
3652+5 work permit issued pursuant to the Federal Fair Labor
3653+6 Standards Act, as amended, or a birth certificate properly and
3654+7 duly issued, such certificate, permit or birth certificate is
3655+8 conclusive evidence as to the age of the injured minor
3656+9 employee for the purposes of this Section.
3657+10 Nothing herein contained repeals or amends the provisions
3658+11 of the Child Labor Law of 2024 relating to the employment of
3659+12 minors under the age of 16 years.
3660+13 (j) 1. In the event the injured employee receives
3661+14 benefits, including medical, surgical or hospital benefits
3662+15 under any group plan covering non-occupational disabilities
3663+16 contributed to wholly or partially by the employer, which
3664+17 benefits should not have been payable if any rights of
3665+18 recovery existed under this Act, then such amounts so paid to
3666+19 the employee from any such group plan as shall be consistent
3667+20 with, and limited to, the provisions of paragraph 2 hereof,
3668+21 shall be credited to or against any compensation payment for
3669+22 temporary total incapacity for work or any medical, surgical
3670+23 or hospital benefits made or to be made under this Act. In such
3671+24 event, the period of time for giving notice of accidental
3672+25 injury and filing application for adjustment of claim does not
3673+26 commence to run until the termination of such payments. This
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3684+1 paragraph does not apply to payments made under any group plan
3685+2 which would have been payable irrespective of an accidental
3686+3 injury under this Act. Any employer receiving such credit
3687+4 shall keep such employee safe and harmless from any and all
3688+5 claims or liabilities that may be made against him by reason of
3689+6 having received such payments only to the extent of such
3690+7 credit.
3691+8 Any excess benefits paid to or on behalf of a State
3692+9 employee by the State Employees' Retirement System under
3693+10 Article 14 of the Illinois Pension Code on a death claim or
3694+11 disputed disability claim shall be credited against any
3695+12 payments made or to be made by the State of Illinois to or on
3696+13 behalf of such employee under this Act, except for payments
3697+14 for medical expenses which have already been incurred at the
3698+15 time of the award. The State of Illinois shall directly
3699+16 reimburse the State Employees' Retirement System to the extent
3700+17 of such credit.
3701+18 2. Nothing contained in this Act shall be construed to
3702+19 give the employer or the insurance carrier the right to credit
3703+20 for any benefits or payments received by the employee other
3704+21 than compensation payments provided by this Act, and where the
3705+22 employee receives payments other than compensation payments,
3706+23 whether as full or partial salary, group insurance benefits,
3707+24 bonuses, annuities or any other payments, the employer or
3708+25 insurance carrier shall receive credit for each such payment
3709+26 only to the extent of the compensation that would have been
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3720+1 payable during the period covered by such payment.
3721+2 3. The extension of time for the filing of an Application
3722+3 for Adjustment of Claim as provided in paragraph 1 above shall
3723+4 not apply to those cases where the time for such filing had
3724+5 expired prior to the date on which payments or benefits
3725+6 enumerated herein have been initiated or resumed. Provided
3726+7 however that this paragraph 3 shall apply only to cases
3727+8 wherein the payments or benefits hereinabove enumerated shall
3728+9 be received after July 1, 1969.
3729+10 (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
3730+11 97-813, eff. 7-13-12.)
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