Public Act 103-0154

HB2289 Enrolled LRB103 30841 AMC 57342 b

AN ACT to revise the law by combining multiple enactments

and making technical corrections.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Nature of this Act.

(a) This Act may be cited as the First 2023 General

Revisory Act.

(b) This Act is not intended to make any substantive

change in the law. It reconciles conflicts that have arisen

from multiple amendments and enactments and makes technical

corrections and revisions in the law.

This Act revises and, where appropriate, renumbers certain

Sections that have been added or amended by more than one

Public Act. In certain cases in which a repealed Act or Section

has been replaced with a successor law, this Act may

incorporate amendments to the repealed Act or Section into the

successor law. This Act also corrects errors, revises

cross-references, and deletes obsolete text.

(c) In this Act, the reference at the end of each amended

Section indicates the sources in the Session Laws of Illinois

that were used in the preparation of the text of that Section.

The text of the Section included in this Act is intended to

include the different versions of the Section found in the

Public Acts included in the list of sources, but may not

include other versions of the Section to be found in Public

Acts not included in the list of sources. The list of sources

is not a part of the text of the Section.

(d) Public Acts 102-692 through 102-1118 were considered

in the preparation of the combining revisories included in

this Act. Many of those combining revisories contain no

striking or underscoring because no additional changes are

being made in the material that is being combined.

Section 5. The Regulatory Sunset Act is amended by

changing Sections 4.38 and 7 as follows:

(5 ILCS 80/4.38)

Sec. 4.38. Acts repealed on January 1, 2028. The following

Acts are repealed on January 1, 2028:

The Acupuncture Practice Act.

The Behavior Analyst Licensing Act.

The Clinical Social Work and Social Work Practice Act.

The Dietitian Nutritionist Practice Act.

The Elevator Safety and Regulation Act.

The Fire Equipment Distributor and Employee Regulation Act

of 2011.

The Funeral Directors and Embalmers Licensing Code.

The Home Medical Equipment and Services Provider License

Act.

The Illinois Petroleum Education and Marketing Act.

The Illinois Speech-Language Pathology and Audiology

Practice Act.

The Interpreter for the Deaf Licensure Act of 2007.

The Music Therapy Licensing and Practice Act.

The Naprapathic Practice Act.

The Nurse Practice Act.

The Nursing Home Administrators Licensing and Disciplinary

Act.

The Pharmacy Practice Act.

The Physician Assistant Practice Act of 1987.

The Podiatric Medical Practice Act of 1987.

The Professional Counselor and Clinical Professional

Counselor Licensing and Practice Act.

The Wholesale Drug Distribution Licensing Act.

(Source: P.A. 102-715, eff. 4-29-22; 102-878, eff. 5-13-22;

102-879, eff. 5-13-22; 102-880, eff. 5-13-22; 102-881, eff.

5-13-22; 102-882, eff. 5-13-22; 102-945, eff. 5-27-22;

102-953, eff. 5-27-22; 102-993, eff. 5-27-22; revised

7-27-22.)

(5 ILCS 80/7) (from Ch. 127, par. 1907)

Sec. 7. Additional criteria.

(a) In determining whether to recommend to the General

Assembly under Section 5 the continuation of a regulatory

agency or program or any function thereof, the Governor shall

also consider the following criteria:

(1) whether the absence or modification of regulation

would significantly harm or endanger the public health,

safety or welfare;

(2) whether there is a reasonable relationship between

the exercise of the State's police power and the

protection of the public health, safety or welfare;

(3) whether there is another less restrictive method

of regulation available which could adequately protect the

public;

(4) whether the regulation has the effect of directly

or indirectly increasing the costs of any goods or

services involved, and if so, to what degree;

(5) whether the increase in cost is more harmful to

the public than the harm which could result from the

absence of regulation; and

(6) whether all facets of the regulatory process are

designed solely for the purpose of, and have as their

primary effect, the protection of the public.

(b) In making an evaluation or recommendation with respect

to paragraph (3) of subsection (a), the Governor shall follow

the following guidelines to address the following:

(1) Contractual disputes, including pricing disputes.

The Governor may recommend enacting a specific civil cause

of action in small claims small-claims court or district

court to remedy consumer harm. This cause of action may

provide for reimbursement of the attorney's fees or court

costs, if a consumer's claim is successful.

(2) Fraud. The Governor may recommend strengthening

powers under the State's deceptive trade practices acts or

requiring disclosures that will reduce misleading

attributes of the specific good or service.

(3) General health and safety risks. The Governor may

recommend enacting a regulation on the related process or

requiring a facility license.

(4) Unclean facilities. The Governor may recommend

requiring periodic facility inspections.

(5) A provider's failure to complete a contract fully

or to standards. The Governor may recommend requiring the

provider to be bonded.

(6) A lack of protection for a person who is not a

party to a contract between providers and consumers. The

Governor may recommend requiring that the provider have

insurance.

(7) Transactions with transient, out-of-state, or

fly-by-night providers. The Governor may recommend

requiring the provider register its business with the

Secretary of State.

(8) A shortfall or imbalance in the consumer's

knowledge about the good or service relative to the

provider's knowledge (asymmetrical information). The

Governor may recommend enacting government certification.

(9) An inability to qualify providers of new or highly

specialized medical services for reimbursement by the

State. The Governor may recommend enacting a specialty

certification solely for medical reimbursement.

(10) A systematic information shortfall in which a

reasonable consumer of the service is permanently unable

to distinguish between the quality of providers and there

is an absence of institutions that provide guidance to

consumers. The Governor may recommend enacting an

occupational license.

(11) The need to address multiple types of harm. The

Governor may recommend a combination of regulations. This

may include a government regulation combined with a

private remedy, including third-party or consumer-created

ratings and reviews or private certification.

(Source: P.A. 102-984, eff. 1-1-23; revised 12-8-22.)

(5 ILCS 80/4.33 rep.)

Section 6. The Regulatory Sunset Act is amended by

repealing Section 4.33.

Section 10. The Illinois Administrative Procedure Act is

amended by setting forth, renumbering, and changing multiple

versions of Sections 5-45.21, 5-45.22, and 5-45.23 as follows:

(5 ILCS 100/5-45.21)

(Section scheduled to be repealed on April 19, 2023)

Sec. 5-45.21. Emergency rulemaking; Mental Health and

Developmental Disabilities Administrative Act. To provide for

the expeditious and timely implementation of the changes made

to Section 74 of the Mental Health and Developmental

Disabilities Administrative Act by Public Act 102-699 this

amendatory Act of the 102nd General Assembly, emergency rules

implementing the changes made to Section 74 of the Mental

Health and Developmental Disabilities Administrative Act by

Public Act 102-699 this amendatory Act of the 102nd General

Assembly may be adopted in accordance with Section 5-45 by the

Department of Human Services or other department essential to

the implementation of the changes. The adoption of emergency

rules authorized by Section 5-45 and this Section is deemed to

be necessary for the public interest, safety, and welfare.

This Section is repealed on April 19, 2023 (one year after

the effective date of Public Act 102-699) this amendatory Act

of the 102nd General Assembly.

(Source: P.A. 102-699, eff. 4-19-22; revised 7-26-22.)

(5 ILCS 100/5-45.22)

(Section scheduled to be repealed on April 19, 2023)

Sec. 5-45.22. Emergency rulemaking; Illinois Public Aid

Code. To provide for the expeditious and timely implementation

of the changes made to Article 5 of the Illinois Public Aid

Code by Public Act 102-699 this amendatory Act of the 102nd

General Assembly, emergency rules implementing the changes

made to Article 5 of the Illinois Public Aid Code by Public Act

102-699 this amendatory Act of the 102nd General Assembly may

be adopted in accordance with Section 5-45 by the Department

of Healthcare and Family Services or other department

essential to the implementation of the changes. The adoption

of emergency rules authorized by Section 5-45 and this Section

is deemed to be necessary for the public interest, safety, and

welfare.

This Section is repealed on April 19, 2023 (one year after

the effective date of Public Act 102-699) this amendatory Act

of the 102nd General Assembly.

(Source: P.A. 102-699, eff. 4-19-22; revised 7-26-22.)

(5 ILCS 100/5-45.23)

(Section scheduled to be repealed on April 19, 2023)

Sec. 5-45.23. Emergency rulemaking; medical services for

certain noncitizens. To provide for the expeditious and timely

implementation of the changes made to Article 12 of the

Illinois Public Aid Code by Public Act 102-699 this amendatory

Act of the 102nd General Assembly, emergency rules

implementing the changes made to Section 12-4.35 of the

Illinois Public Aid Code by Public Act 102-699 this amendatory

Act of the 102nd General Assembly may be adopted in accordance

with Section 5-45 by the Department of Healthcare and Family

Services. The adoption of emergency rules authorized by

Section 5-45 and this Section is deemed to be necessary for the

public interest, safety, and welfare.

This Section is repealed on April 19, 2023 (one year after

the effective date of Public Act 102-699) this amendatory Act

of the 102nd General Assembly.

(Source: P.A. 102-699, eff. 4-19-22; revised 7-26-22.)

(5 ILCS 100/5-45.28)

(Section scheduled to be repealed on April 19, 2023)

Sec. 5-45.28 5-45.21. Emergency rulemaking. To provide for

the expeditious and timely implementation of Public Act

102-700 this amendatory Act of the 102nd General Assembly,

emergency rules implementing Sections 208.5 and 212.1 of the

Illinois Income Tax Act may be adopted in accordance with

Section 5-45 by the Department of Revenue. The adoption of

emergency rules authorized by Section 5-45 and this Section is

deemed to be necessary for the public interest, safety, and

welfare.

This Section is repealed on April 19, 2023 (one year after

the effective date of Public Act 102-700) this amendatory Act

of the 102nd General Assembly.

(Source: P.A. 102-700, eff. 4-19-22; revised 7-26-22.)

(5 ILCS 100/5-45.29)

Sec. 5-45.29 5-45.21. (Repealed).

(Source: P.A. 102-1035, eff. 5-31-22. Repealed internally,

eff. 9-30-22.)

(5 ILCS 100/5-45.30)

(Section scheduled to be repealed on June 2, 2023)

Sec. 5-45.30 5-45.21. Emergency rulemaking; Certified

Nursing Assistant Intern Program; Department of Public Health.

To provide for the expeditious and timely implementation of

Public Act 102-1037 this amendatory Act of the 102nd General

Assembly, emergency rules implementing Section 2310-434 of the

Department of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois may be adopted in accordance

with Section 5-45 by the Department of Public Health. The

adoption of emergency rules authorized by Section 5-45 and

this Section is deemed to be necessary for the public

interest, safety, and welfare.

This Section is repealed on June 2, 2023 (one year after

the effective date of Public Act 102-1037) this amendatory Act

of the 102nd General Assembly.

(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)

(5 ILCS 100/5-45.31)

(Section scheduled to be repealed on April 19, 2023)

Sec. 5-45.31 5-45.22. Emergency rulemaking. To provide for

the expeditious and timely implementation of Article 95 of

Public Act 102-700 this amendatory Act of the 102nd General

Assembly, emergency rules implementing Article 95 of Public

Act 102-700 this amendatory Act of the 102nd General Assembly

may be adopted in accordance with Section 5-45 by the

Department of Agriculture. The adoption of emergency rules

authorized by Section 5-45 and this Section is deemed to be

necessary for the public interest, safety, and welfare.

This Section is repealed on April 19, 2023 (one year after

the effective date of Public Act 102-700) this amendatory Act

of the 102nd General Assembly.

(Source: P.A. 102-700, eff. 4-19-22; revised 7-26-22.)

(5 ILCS 100/5-45.32)

(Section scheduled to be repealed on June 2, 2023)

Sec. 5-45.32 5-45.22. Emergency rulemaking; Certified

Nursing Assistant Intern Program; Department of Healthcare and

Family Services. To provide for the expeditious and timely

implementation of Public Act 102-1037 this amendatory Act of

the 102nd General Assembly, emergency rules implementing

Section 5-5.01b of the Illinois Public Aid Code may be adopted

in accordance with Section 5-45 by the Department of

Healthcare and Family Services. The adoption of emergency

rules authorized by Section 5-45 and this Section is deemed to

be necessary for the public interest, safety, and welfare.

This Section is repealed on June 2, 2023 (one year after

the effective date of Public Act 102-1037) this amendatory Act

of the 102nd General Assembly.

(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)

(5 ILCS 100/5-45.33)

(Section scheduled to be repealed on June 2, 2023)

Sec. 5-45.33 5-45.23. Emergency rulemaking; medical

services to noncitizens. To provide for the expeditious and

timely implementation of changes made by Public Act 102-1037

this amendatory Act of the 102nd General Assembly to Section

12-4.35 of the Illinois Public Aid Code, emergency rules

implementing the changes made by Public Act 102-1037 this

amendatory Act of the 102nd General Assembly to Section

12-4.35 of the Illinois Public Aid Code may be adopted in

accordance with Section 5-45 by the Department of Healthcare

and Family Services. The adoption of emergency rules

authorized by Section 5-45 and this Section is deemed to be

necessary for the public interest, safety, and welfare.

This Section is repealed on June 2, 2023 (one year after

the effective date of Public Act 102-1037) this amendatory Act

of the 102nd General Assembly.

(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)

Section 15. The Freedom of Information Act is amended by

changing Section 7 as follows:

(5 ILCS 140/7)

(Text of Section before amendment by P.A. 102-982)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public

record that contains information that is exempt from

disclosure under this Section, but also contains information

that is not exempt from disclosure, the public body may elect

to redact the information that is exempt. The public body

shall make the remaining information available for inspection

and copying. Subject to this requirement, the following shall

be exempt from inspection and copying:

(a) Information specifically prohibited from

disclosure by federal or State law or rules and

regulations implementing federal or State law.

(b) Private information, unless disclosure is required

by another provision of this Act, a State or federal law,

or a court order.

(b-5) Files, documents, and other data or databases

maintained by one or more law enforcement agencies and

specifically designed to provide information to one or

more law enforcement agencies regarding the physical or

mental status of one or more individual subjects.

(c) Personal information contained within public

records, the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy, unless

the disclosure is consented to in writing by the

individual subjects of the information. "Unwarranted

invasion of personal privacy" means the disclosure of

information that is highly personal or objectionable to a

reasonable person and in which the subject's right to

privacy outweighs any legitimate public interest in

obtaining the information. The disclosure of information

that bears on the public duties of public employees and

officials shall not be considered an invasion of personal

privacy.

(d) Records in the possession of any public body

created in the course of administrative enforcement

proceedings, and any law enforcement or correctional

agency for law enforcement purposes, but only to the

extent that disclosure would:

(i) interfere with pending or actually and

reasonably contemplated law enforcement proceedings

conducted by any law enforcement or correctional

agency that is the recipient of the request;

(ii) interfere with active administrative

enforcement proceedings conducted by the public body

that is the recipient of the request;

(iii) create a substantial likelihood that a

person will be deprived of a fair trial or an impartial

hearing;

(iv) unavoidably disclose the identity of a

confidential source, confidential information

furnished only by the confidential source, or persons

who file complaints with or provide information to

administrative, investigative, law enforcement, or

penal agencies; except that the identities of

witnesses to traffic accidents, traffic accident

reports, and rescue reports shall be provided by

agencies of local government, except when disclosure

would interfere with an active criminal investigation

conducted by the agency that is the recipient of the

request;

(v) disclose unique or specialized investigative

techniques other than those generally used and known

or disclose internal documents of correctional

agencies related to detection, observation, or

investigation of incidents of crime or misconduct, and

disclosure would result in demonstrable harm to the

agency or public body that is the recipient of the

request;

(vi) endanger the life or physical safety of law

enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation

by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law

enforcement purposes and contained in a shared electronic

record management system if the law enforcement agency

that is the recipient of the request did not create the

record, did not participate in or have a role in any of the

events which are the subject of the record, and only has

access to the record through the shared electronic record

management system.

(d-6) Records contained in the Officer Professional

Conduct Database under Section 9.2 of the Illinois Police

Training Act, except to the extent authorized under that

Section. This includes the documents supplied to the

Illinois Law Enforcement Training Standards Board from the

Illinois State Police and Illinois State Police Merit

Board.

(e) Records that relate to or affect the security of

correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials are available in the library of the correctional

institution or facility or jail where the inmate is

confined.

(e-6) Records requested by persons committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials include records from staff members' personnel

files, staff rosters, or other staffing assignment

information.

(e-7) Records requested by persons committed to the

Department of Corrections or Department of Human Services

Division of Mental Health if those materials are available

through an administrative request to the Department of

Corrections or Department of Human Services Division of

Mental Health.

(e-8) Records requested by a person committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail, the

disclosure of which would result in the risk of harm to any

person or the risk of an escape from a jail or correctional

institution or facility.

(e-9) Records requested by a person in a county jail

or committed to the Department of Corrections or

Department of Human Services Division of Mental Health,

containing personal information pertaining to the person's

victim or the victim's family, including, but not limited

to, a victim's home address, home telephone number, work

or school address, work telephone number, social security

number, or any other identifying information, except as

may be relevant to a requester's current or potential case

or claim.

(e-10) Law enforcement records of other persons

requested by a person committed to the Department of

Corrections, Department of Human Services Division of

Mental Health, or a county jail, including, but not

limited to, arrest and booking records, mug shots, and

crime scene photographs, except as these records may be

relevant to the requester's current or potential case or

claim.

(f) Preliminary drafts, notes, recommendations,

memoranda, and other records in which opinions are

expressed, or policies or actions are formulated, except

that a specific record or relevant portion of a record

shall not be exempt when the record is publicly cited and

identified by the head of the public body. The exemption

provided in this paragraph (f) extends to all those

records of officers and agencies of the General Assembly

that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial

information obtained from a person or business where the

trade secrets or commercial or financial information are

furnished under a claim that they are proprietary,

privileged, or confidential, and that disclosure of the

trade secrets or commercial or financial information would

cause competitive harm to the person or business, and only

insofar as the claim directly applies to the records

requested.

The information included under this exemption includes

all trade secrets and commercial or financial information

obtained by a public body, including a public pension

fund, from a private equity fund or a privately held

company within the investment portfolio of a private

equity fund as a result of either investing or evaluating

a potential investment of public funds in a private equity

fund. The exemption contained in this item does not apply

to the aggregate financial performance information of a

private equity fund, nor to the identity of the fund's

managers or general partners. The exemption contained in

this item does not apply to the identity of a privately

held company within the investment portfolio of a private

equity fund, unless the disclosure of the identity of a

privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be

construed to prevent a person or business from consenting

to disclosure.

(h) Proposals and bids for any contract, grant, or

agreement, including information which if it were

disclosed would frustrate procurement or give an advantage

to any person proposing to enter into a contractor

agreement with the body, until an award or final selection

is made. Information prepared by or for the body in

preparation of a bid solicitation shall be exempt until an

award or final selection is made.

(i) Valuable formulae, computer geographic systems,

designs, drawings, and research data obtained or produced

by any public body when disclosure could reasonably be

expected to produce private gain or public loss. The

exemption for "computer geographic systems" provided in

this paragraph (i) does not extend to requests made by

news media as defined in Section 2 of this Act when the

requested information is not otherwise exempt and the only

purpose of the request is to access and disseminate

information regarding the health, safety, welfare, or

legal rights of the general public.

(j) The following information pertaining to

educational matters:

(i) test questions, scoring keys, and other

examination data used to administer an academic

examination;

(ii) information received by a primary or

secondary school, college, or university under its

procedures for the evaluation of faculty members by

their academic peers;

(iii) information concerning a school or

university's adjudication of student disciplinary

cases, but only to the extent that disclosure would

unavoidably reveal the identity of the student; and

(iv) course materials or research materials used

by faculty members.

(k) Architects' plans, engineers' technical

submissions, and other construction related technical

documents for projects not constructed or developed in

whole or in part with public funds and the same for

projects constructed or developed with public funds,

including, but not limited to, power generating and

distribution stations and other transmission and

distribution facilities, water treatment facilities,

airport facilities, sport stadiums, convention centers,

and all government owned, operated, or occupied buildings,

but only to the extent that disclosure would compromise

security.

(l) Minutes of meetings of public bodies closed to the

public as provided in the Open Meetings Act until the

public body makes the minutes available to the public

under Section 2.06 of the Open Meetings Act.

(m) Communications between a public body and an

attorney or auditor representing the public body that

would not be subject to discovery in litigation, and

materials prepared or compiled by or for a public body in

anticipation of a criminal, civil, or administrative

proceeding upon the request of an attorney advising the

public body, and materials prepared or compiled with

respect to internal audits of public bodies.

(n) Records relating to a public body's adjudication

of employee grievances or disciplinary cases; however,

this exemption shall not extend to the final outcome of

cases in which discipline is imposed.

(o) Administrative or technical information associated

with automated data processing operations, including, but

not limited to, software, operating protocols, computer

program abstracts, file layouts, source listings, object

modules, load modules, user guides, documentation

pertaining to all logical and physical design of

computerized systems, employee manuals, and any other

information that, if disclosed, would jeopardize the

security of the system or its data or the security of

materials exempt under this Section.

(p) Records relating to collective negotiating matters

between public bodies and their employees or

representatives, except that any final contract or

agreement shall be subject to inspection and copying.

(q) Test questions, scoring keys, and other

examination data used to determine the qualifications of

an applicant for a license or employment.

(r) The records, documents, and information relating

to real estate purchase negotiations until those

negotiations have been completed or otherwise terminated.

With regard to a parcel involved in a pending or actually

and reasonably contemplated eminent domain proceeding

under the Eminent Domain Act, records, documents, and

information relating to that parcel shall be exempt except

as may be allowed under discovery rules adopted by the

Illinois Supreme Court. The records, documents, and

information relating to a real estate sale shall be exempt

until a sale is consummated.

(s) Any and all proprietary information and records

related to the operation of an intergovernmental risk

management association or self-insurance pool or jointly

self-administered health and accident cooperative or pool.

Insurance or self-insurance self insurance (including any

intergovernmental risk management association or

self-insurance self insurance pool) claims, loss or risk

management information, records, data, advice, or

communications.

(t) Information contained in or related to

examination, operating, or condition reports prepared by,

on behalf of, or for the use of a public body responsible

for the regulation or supervision of financial

institutions, insurance companies, or pharmacy benefit

managers, unless disclosure is otherwise required by State

law.

(u) Information that would disclose or might lead to

the disclosure of secret or confidential information,

codes, algorithms, programs, or private keys intended to

be used to create electronic signatures under the Uniform

Electronic Transactions Act.

(v) Vulnerability assessments, security measures, and

response policies or plans that are designed to identify,

prevent, or respond to potential attacks upon a

community's population or systems, facilities, or

installations, but only to the extent that disclosure

could reasonably be expected to expose the vulnerability

or jeopardize the effectiveness of the measures, policies,

or plans, or the safety of the personnel who implement

them or the public. Information exempt under this item may

include such things as details pertaining to the

mobilization or deployment of personnel or equipment, to

the operation of communication systems or protocols, to

cybersecurity vulnerabilities, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or

security of generation, transmission, distribution,

storage, gathering, treatment, or switching facilities

owned by a utility, by a power generator, or by the

Illinois Power Agency.

(y) Information contained in or related to proposals,

bids, or negotiations related to electric power

procurement under Section 1-75 of the Illinois Power

Agency Act and Section 16-111.5 of the Public Utilities

Act that is determined to be confidential and proprietary

by the Illinois Power Agency or by the Illinois Commerce

Commission.

(z) Information about students exempted from

disclosure under Section Sections 10-20.38 or 34-18.29 of

the School Code, and information about undergraduate

students enrolled at an institution of higher education

exempted from disclosure under Section 25 of the Illinois

Credit Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted

under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality

review team and records maintained by a mortality review

team appointed under the Department of Juvenile Justice

Mortality Review Team Act.

(cc) Information regarding interments, entombments, or

inurnments of human remains that are submitted to the

Cemetery Oversight Database under the Cemetery Care Act or

the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be

disclosed under Section 11-9 of the Illinois Public Aid

Code or (ii) that pertain to appeals under Section 11-8 of

the Illinois Public Aid Code.

(ee) The names, addresses, or other personal

information of persons who are minors and are also

participants and registrants in programs of park

districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations.

(ff) The names, addresses, or other personal

information of participants and registrants in programs of

park districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations where such programs are targeted primarily to

minors.

(gg) Confidential information described in Section

1-100 of the Illinois Independent Tax Tribunal Act of

2012.

(hh) The report submitted to the State Board of

Education by the School Security and Standards Task Force

under item (8) of subsection (d) of Section 2-3.160 of the

School Code and any information contained in that report.

(ii) Records requested by persons committed to or

detained by the Department of Human Services under the

Sexually Violent Persons Commitment Act or committed to

the Department of Corrections under the Sexually Dangerous

Persons Act if those materials: (i) are available in the

library of the facility where the individual is confined;

(ii) include records from staff members' personnel files,

staff rosters, or other staffing assignment information;

or (iii) are available through an administrative request

to the Department of Human Services or the Department of

Corrections.

(jj) Confidential information described in Section

5-535 of the Civil Administrative Code of Illinois.

(kk) The public body's credit card numbers, debit card

numbers, bank account numbers, Federal Employer

Identification Number, security code numbers, passwords,

and similar account information, the disclosure of which

could result in identity theft or impression or defrauding

of a governmental entity or a person.

(ll) Records concerning the work of the threat

assessment team of a school district, including, but not

limited to, any threat assessment procedure under the

School Safety Drill Act and any information contained in

the procedure.

(mm) Information prohibited from being disclosed under

subsections (a) and (b) of Section 15 of the Student

Confidential Reporting Act.

(nn) (mm) Proprietary information submitted to the

Environmental Protection Agency under the Drug Take-Back

Act.

(oo) (mm) Records described in subsection (f) of

Section 3-5-1 of the Unified Code of Corrections.

(1.5) Any information exempt from disclosure under the

Judicial Privacy Act shall be redacted from public records

prior to disclosure under this Act.

(2) A public record that is not in the possession of a

public body but is in the possession of a party with whom the

agency has contracted to perform a governmental function on

behalf of the public body, and that directly relates to the

governmental function and is not otherwise exempt under this

Act, shall be considered a public record of the public body,

for purposes of this Act.

(3) This Section does not authorize withholding of

information or limit the availability of records to the

public, except as stated in this Section or otherwise provided

in this Act.

(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;

101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.

6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,

eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;

102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised

12-13-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public

record that contains information that is exempt from

disclosure under this Section, but also contains information

that is not exempt from disclosure, the public body may elect

to redact the information that is exempt. The public body

shall make the remaining information available for inspection

and copying. Subject to this requirement, the following shall

be exempt from inspection and copying:

(a) Information specifically prohibited from

disclosure by federal or State law or rules and

regulations implementing federal or State law.

(b) Private information, unless disclosure is required

by another provision of this Act, a State or federal law,

or a court order.

(b-5) Files, documents, and other data or databases

maintained by one or more law enforcement agencies and

specifically designed to provide information to one or

more law enforcement agencies regarding the physical or

mental status of one or more individual subjects.

(c) Personal information contained within public

records, the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy, unless

the disclosure is consented to in writing by the

individual subjects of the information. "Unwarranted

invasion of personal privacy" means the disclosure of

information that is highly personal or objectionable to a

reasonable person and in which the subject's right to

privacy outweighs any legitimate public interest in

obtaining the information. The disclosure of information

that bears on the public duties of public employees and

officials shall not be considered an invasion of personal

privacy.

(d) Records in the possession of any public body

created in the course of administrative enforcement

proceedings, and any law enforcement or correctional

agency for law enforcement purposes, but only to the

extent that disclosure would:

(i) interfere with pending or actually and

reasonably contemplated law enforcement proceedings

conducted by any law enforcement or correctional

agency that is the recipient of the request;

(ii) interfere with active administrative

enforcement proceedings conducted by the public body

that is the recipient of the request;

(iii) create a substantial likelihood that a

person will be deprived of a fair trial or an impartial

hearing;

(iv) unavoidably disclose the identity of a

confidential source, confidential information

furnished only by the confidential source, or persons

who file complaints with or provide information to

administrative, investigative, law enforcement, or

penal agencies; except that the identities of

witnesses to traffic crashes, traffic crash reports,

and rescue reports shall be provided by agencies of

local government, except when disclosure would

interfere with an active criminal investigation

conducted by the agency that is the recipient of the

request;

(v) disclose unique or specialized investigative

techniques other than those generally used and known

or disclose internal documents of correctional

agencies related to detection, observation, or

investigation of incidents of crime or misconduct, and

disclosure would result in demonstrable harm to the

agency or public body that is the recipient of the

request;

(vi) endanger the life or physical safety of law

enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation

by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law

enforcement purposes and contained in a shared electronic

record management system if the law enforcement agency

that is the recipient of the request did not create the

record, did not participate in or have a role in any of the

events which are the subject of the record, and only has

access to the record through the shared electronic record

management system.

(d-6) Records contained in the Officer Professional

Conduct Database under Section 9.2 of the Illinois Police

Training Act, except to the extent authorized under that

Section. This includes the documents supplied to the

Illinois Law Enforcement Training Standards Board from the

Illinois State Police and Illinois State Police Merit

Board.

(e) Records that relate to or affect the security of

correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials are available in the library of the correctional

institution or facility or jail where the inmate is

confined.

(e-6) Records requested by persons committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials include records from staff members' personnel

files, staff rosters, or other staffing assignment

information.

(e-7) Records requested by persons committed to the

Department of Corrections or Department of Human Services

Division of Mental Health if those materials are available

through an administrative request to the Department of

Corrections or Department of Human Services Division of

Mental Health.

(e-8) Records requested by a person committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail, the

disclosure of which would result in the risk of harm to any

person or the risk of an escape from a jail or correctional

institution or facility.

(e-9) Records requested by a person in a county jail

or committed to the Department of Corrections or

Department of Human Services Division of Mental Health,

containing personal information pertaining to the person's

victim or the victim's family, including, but not limited

to, a victim's home address, home telephone number, work

or school address, work telephone number, social security

number, or any other identifying information, except as

may be relevant to a requester's current or potential case

or claim.

(e-10) Law enforcement records of other persons

requested by a person committed to the Department of

Corrections, Department of Human Services Division of

Mental Health, or a county jail, including, but not

limited to, arrest and booking records, mug shots, and

crime scene photographs, except as these records may be

relevant to the requester's current or potential case or

claim.

(f) Preliminary drafts, notes, recommendations,

memoranda, and other records in which opinions are

expressed, or policies or actions are formulated, except

that a specific record or relevant portion of a record

shall not be exempt when the record is publicly cited and

identified by the head of the public body. The exemption

provided in this paragraph (f) extends to all those

records of officers and agencies of the General Assembly

that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial

information obtained from a person or business where the

trade secrets or commercial or financial information are

furnished under a claim that they are proprietary,

privileged, or confidential, and that disclosure of the

trade secrets or commercial or financial information would

cause competitive harm to the person or business, and only

insofar as the claim directly applies to the records

requested.

The information included under this exemption includes

all trade secrets and commercial or financial information

obtained by a public body, including a public pension

fund, from a private equity fund or a privately held

company within the investment portfolio of a private

equity fund as a result of either investing or evaluating

a potential investment of public funds in a private equity

fund. The exemption contained in this item does not apply

to the aggregate financial performance information of a

private equity fund, nor to the identity of the fund's

managers or general partners. The exemption contained in

this item does not apply to the identity of a privately

held company within the investment portfolio of a private

equity fund, unless the disclosure of the identity of a

privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be

construed to prevent a person or business from consenting

to disclosure.

(h) Proposals and bids for any contract, grant, or

agreement, including information which if it were

disclosed would frustrate procurement or give an advantage

to any person proposing to enter into a contractor

agreement with the body, until an award or final selection

is made. Information prepared by or for the body in

preparation of a bid solicitation shall be exempt until an

award or final selection is made.

(i) Valuable formulae, computer geographic systems,

designs, drawings, and research data obtained or produced

by any public body when disclosure could reasonably be

expected to produce private gain or public loss. The

exemption for "computer geographic systems" provided in

this paragraph (i) does not extend to requests made by

news media as defined in Section 2 of this Act when the

requested information is not otherwise exempt and the only

purpose of the request is to access and disseminate

information regarding the health, safety, welfare, or

legal rights of the general public.

(j) The following information pertaining to

educational matters:

(i) test questions, scoring keys, and other

examination data used to administer an academic

examination;

(ii) information received by a primary or

secondary school, college, or university under its

procedures for the evaluation of faculty members by

their academic peers;

(iii) information concerning a school or

university's adjudication of student disciplinary

cases, but only to the extent that disclosure would

unavoidably reveal the identity of the student; and

(iv) course materials or research materials used

by faculty members.

(k) Architects' plans, engineers' technical

submissions, and other construction related technical

documents for projects not constructed or developed in

whole or in part with public funds and the same for

projects constructed or developed with public funds,

including, but not limited to, power generating and

distribution stations and other transmission and

distribution facilities, water treatment facilities,

airport facilities, sport stadiums, convention centers,

and all government owned, operated, or occupied buildings,

but only to the extent that disclosure would compromise

security.

(l) Minutes of meetings of public bodies closed to the

public as provided in the Open Meetings Act until the

public body makes the minutes available to the public

under Section 2.06 of the Open Meetings Act.

(m) Communications between a public body and an

attorney or auditor representing the public body that

would not be subject to discovery in litigation, and

materials prepared or compiled by or for a public body in

anticipation of a criminal, civil, or administrative

proceeding upon the request of an attorney advising the

public body, and materials prepared or compiled with

respect to internal audits of public bodies.

(n) Records relating to a public body's adjudication

of employee grievances or disciplinary cases; however,

this exemption shall not extend to the final outcome of

cases in which discipline is imposed.

(o) Administrative or technical information associated

with automated data processing operations, including, but

not limited to, software, operating protocols, computer

program abstracts, file layouts, source listings, object

modules, load modules, user guides, documentation

pertaining to all logical and physical design of

computerized systems, employee manuals, and any other

information that, if disclosed, would jeopardize the

security of the system or its data or the security of

materials exempt under this Section.

(p) Records relating to collective negotiating matters

between public bodies and their employees or

representatives, except that any final contract or

agreement shall be subject to inspection and copying.

(q) Test questions, scoring keys, and other

examination data used to determine the qualifications of

an applicant for a license or employment.

(r) The records, documents, and information relating

to real estate purchase negotiations until those

negotiations have been completed or otherwise terminated.

With regard to a parcel involved in a pending or actually

and reasonably contemplated eminent domain proceeding

under the Eminent Domain Act, records, documents, and

information relating to that parcel shall be exempt except

as may be allowed under discovery rules adopted by the

Illinois Supreme Court. The records, documents, and

information relating to a real estate sale shall be exempt

until a sale is consummated.

(s) Any and all proprietary information and records

related to the operation of an intergovernmental risk

management association or self-insurance pool or jointly

self-administered health and accident cooperative or pool.

Insurance or self-insurance self insurance (including any

intergovernmental risk management association or

self-insurance self insurance pool) claims, loss or risk

management information, records, data, advice, or

communications.

(t) Information contained in or related to

examination, operating, or condition reports prepared by,

on behalf of, or for the use of a public body responsible

for the regulation or supervision of financial

institutions, insurance companies, or pharmacy benefit

managers, unless disclosure is otherwise required by State

law.

(u) Information that would disclose or might lead to

the disclosure of secret or confidential information,

codes, algorithms, programs, or private keys intended to

be used to create electronic signatures under the Uniform

Electronic Transactions Act.

(v) Vulnerability assessments, security measures, and

response policies or plans that are designed to identify,

prevent, or respond to potential attacks upon a

community's population or systems, facilities, or

installations, but only to the extent that disclosure

could reasonably be expected to expose the vulnerability

or jeopardize the effectiveness of the measures, policies,

or plans, or the safety of the personnel who implement

them or the public. Information exempt under this item may

include such things as details pertaining to the

mobilization or deployment of personnel or equipment, to

the operation of communication systems or protocols, to

cybersecurity vulnerabilities, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or

security of generation, transmission, distribution,

storage, gathering, treatment, or switching facilities

owned by a utility, by a power generator, or by the

Illinois Power Agency.

(y) Information contained in or related to proposals,

bids, or negotiations related to electric power

procurement under Section 1-75 of the Illinois Power

Agency Act and Section 16-111.5 of the Public Utilities

Act that is determined to be confidential and proprietary

by the Illinois Power Agency or by the Illinois Commerce

Commission.

(z) Information about students exempted from

disclosure under Section Sections 10-20.38 or 34-18.29 of

the School Code, and information about undergraduate

students enrolled at an institution of higher education

exempted from disclosure under Section 25 of the Illinois

Credit Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted

under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality

review team and records maintained by a mortality review

team appointed under the Department of Juvenile Justice

Mortality Review Team Act.

(cc) Information regarding interments, entombments, or

inurnments of human remains that are submitted to the

Cemetery Oversight Database under the Cemetery Care Act or

the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be

disclosed under Section 11-9 of the Illinois Public Aid

Code or (ii) that pertain to appeals under Section 11-8 of

the Illinois Public Aid Code.

(ee) The names, addresses, or other personal

information of persons who are minors and are also

participants and registrants in programs of park

districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations.

(ff) The names, addresses, or other personal

information of participants and registrants in programs of

park districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations where such programs are targeted primarily to

minors.

(gg) Confidential information described in Section

1-100 of the Illinois Independent Tax Tribunal Act of

2012.

(hh) The report submitted to the State Board of

Education by the School Security and Standards Task Force

under item (8) of subsection (d) of Section 2-3.160 of the

School Code and any information contained in that report.

(ii) Records requested by persons committed to or

detained by the Department of Human Services under the

Sexually Violent Persons Commitment Act or committed to

the Department of Corrections under the Sexually Dangerous

Persons Act if those materials: (i) are available in the

library of the facility where the individual is confined;

(ii) include records from staff members' personnel files,

staff rosters, or other staffing assignment information;

or (iii) are available through an administrative request

to the Department of Human Services or the Department of

Corrections.

(jj) Confidential information described in Section

5-535 of the Civil Administrative Code of Illinois.

(kk) The public body's credit card numbers, debit card

numbers, bank account numbers, Federal Employer

Identification Number, security code numbers, passwords,

and similar account information, the disclosure of which

could result in identity theft or impression or defrauding

of a governmental entity or a person.

(ll) Records concerning the work of the threat

assessment team of a school district, including, but not

limited to, any threat assessment procedure under the

School Safety Drill Act and any information contained in

the procedure.

(mm) Information prohibited from being disclosed under

subsections (a) and (b) of Section 15 of the Student

Confidential Reporting Act.

(nn) (mm) Proprietary information submitted to the

Environmental Protection Agency under the Drug Take-Back

Act.

(oo) (mm) Records described in subsection (f) of

Section 3-5-1 of the Unified Code of Corrections.

(1.5) Any information exempt from disclosure under the

Judicial Privacy Act shall be redacted from public records

prior to disclosure under this Act.

(2) A public record that is not in the possession of a

public body but is in the possession of a party with whom the

agency has contracted to perform a governmental function on

behalf of the public body, and that directly relates to the

governmental function and is not otherwise exempt under this

Act, shall be considered a public record of the public body,

for purposes of this Act.

(3) This Section does not authorize withholding of

information or limit the availability of records to the

public, except as stated in this Section or otherwise provided

in this Act.

(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;

101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.

6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,

eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;

102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.

6-10-22; revised 12-13-22.)

Section 20. The Illinois Public Labor Relations Act is

amended by changing Section 3 as follows:

(5 ILCS 315/3) (from Ch. 48, par. 1603)

Sec. 3. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Board" means the Illinois Labor Relations Board or,

with respect to a matter over which the jurisdiction of the

Board is assigned to the State Panel or the Local Panel under

Section 5, the panel having jurisdiction over the matter.

(b) "Collective bargaining" means bargaining over terms

and conditions of employment, including hours, wages, and

other conditions of employment, as detailed in Section 7 and

which are not excluded by Section 4.

(c) "Confidential employee" means an employee who, in the

regular course of his or her duties, assists and acts in a

confidential capacity to persons who formulate, determine, and

effectuate management policies with regard to labor relations

or who, in the regular course of his or her duties, has

authorized access to information relating to the effectuation

or review of the employer's collective bargaining policies.

Determinations of confidential employee status shall be based

on actual employee job duties and not solely on written job

descriptions.

(d) "Craft employees" means skilled journeymen, crafts

persons, and their apprentices and helpers.

(e) "Essential services employees" means those public

employees performing functions so essential that the

interruption or termination of the function will constitute a

clear and present danger to the health and safety of the

persons in the affected community.

(f) "Exclusive representative", except with respect to

non-State fire fighters and paramedics employed by fire

departments and fire protection districts, non-State peace

officers, and peace officers in the Illinois State Police,

means the labor organization that has been (i) designated by

the Board as the representative of a majority of public

employees in an appropriate bargaining unit in accordance with

the procedures contained in this Act; (ii) historically

recognized by the State of Illinois or any political

subdivision of the State before July 1, 1984 (the effective

date of this Act) as the exclusive representative of the

employees in an appropriate bargaining unit; (iii) after July

1, 1984 (the effective date of this Act) recognized by an

employer upon evidence, acceptable to the Board, that the

labor organization has been designated as the exclusive

representative by a majority of the employees in an

appropriate bargaining unit; (iv) recognized as the exclusive

representative of personal assistants under Executive Order

2003-8 prior to July 16, 2003 (the effective date of Public Act

93-204), and the organization shall be considered to be the

exclusive representative of the personal assistants as defined

in this Section; or (v) recognized as the exclusive

representative of child and day care home providers, including

licensed and license exempt providers, pursuant to an election

held under Executive Order 2005-1 prior to January 1, 2006

(the effective date of Public Act 94-320), and the

organization shall be considered to be the exclusive

representative of the child and day care home providers as

defined in this Section.

With respect to non-State fire fighters and paramedics

employed by fire departments and fire protection districts,

non-State peace officers, and peace officers in the Illinois

State Police, "exclusive representative" means the labor

organization that has been (i) designated by the Board as the

representative of a majority of peace officers or fire

fighters in an appropriate bargaining unit in accordance with

the procedures contained in this Act, (ii) historically

recognized by the State of Illinois or any political

subdivision of the State before January 1, 1986 (the effective

date of this amendatory Act of 1985) as the exclusive

representative by a majority of the peace officers or fire

fighters in an appropriate bargaining unit, or (iii) after

January 1, 1986 (the effective date of this amendatory Act of

1985) recognized by an employer upon evidence, acceptable to

the Board, that the labor organization has been designated as

the exclusive representative by a majority of the peace

officers or fire fighters in an appropriate bargaining unit.

Where a historical pattern of representation exists for

the workers of a water system that was owned by a public

utility, as defined in Section 3-105 of the Public Utilities

Act, prior to becoming certified employees of a municipality

or municipalities once the municipality or municipalities have

acquired the water system as authorized in Section 11-124-5 of

the Illinois Municipal Code, the Board shall find the labor

organization that has historically represented the workers to

be the exclusive representative under this Act, and shall find

the unit represented by the exclusive representative to be the

appropriate unit.

(g) "Fair share agreement" means an agreement between the

employer and an employee organization under which all or any

of the employees in a collective bargaining unit are required

to pay their proportionate share of the costs of the

collective bargaining process, contract administration, and

pursuing matters affecting wages, hours, and other conditions

of employment, but not to exceed the amount of dues uniformly

required of members. The amount certified by the exclusive

representative shall not include any fees for contributions

related to the election or support of any candidate for

political office. Nothing in this subsection (g) shall

preclude an employee from making voluntary political

contributions in conjunction with his or her fair share

payment.

(g-1) "Fire fighter" means, for the purposes of this Act

only, any person who has been or is hereafter appointed to a

fire department or fire protection district or employed by a

state university and sworn or commissioned to perform fire

fighter duties or paramedic duties, including paramedics

employed by a unit of local government, except that the

following persons are not included: part-time fire fighters,

auxiliary, reserve or voluntary fire fighters, including paid

on-call fire fighters, clerks and dispatchers or other

civilian employees of a fire department or fire protection

district who are not routinely expected to perform fire

fighter duties, or elected officials.

(g-2) "General Assembly of the State of Illinois" means

the legislative branch of the government of the State of

Illinois, as provided for under Article IV of the Constitution

of the State of Illinois, and includes, but is not limited to,

the House of Representatives, the Senate, the Speaker of the

House of Representatives, the Minority Leader of the House of

Representatives, the President of the Senate, the Minority

Leader of the Senate, the Joint Committee on Legislative

Support Services, and any legislative support services agency

listed in the Legislative Commission Reorganization Act of

1984.

(h) "Governing body" means, in the case of the State, the

State Panel of the Illinois Labor Relations Board, the

Director of the Department of Central Management Services, and

the Director of the Department of Labor; the county board in

the case of a county; the corporate authorities in the case of

a municipality; and the appropriate body authorized to provide

for expenditures of its funds in the case of any other unit of

government.

(i) "Labor organization" means any organization in which

public employees participate and that exists for the purpose,

in whole or in part, of dealing with a public employer

concerning wages, hours, and other terms and conditions of

employment, including the settlement of grievances.

(i-5) "Legislative liaison" means a person who is an

employee of a State agency, the Attorney General, the

Secretary of State, the Comptroller, or the Treasurer, as the

case may be, and whose job duties require the person to

regularly communicate in the course of his or her employment

with any official or staff of the General Assembly of the State

of Illinois for the purpose of influencing any legislative

action.

(j) "Managerial employee" means an individual who is

engaged predominantly in executive and management functions

and is charged with the responsibility of directing the

effectuation of management policies and practices.

Determination of managerial employee status shall be based on

actual employee job duties and not solely on written job

descriptions. With respect only to State employees in

positions under the jurisdiction of the Attorney General,

Secretary of State, Comptroller, or Treasurer (i) that were

certified in a bargaining unit on or after December 2, 2008,

(ii) for which a petition is filed with the Illinois Public

Labor Relations Board on or after April 5, 2013 (the effective

date of Public Act 97-1172), or (iii) for which a petition is

pending before the Illinois Public Labor Relations Board on

that date, "managerial employee" means an individual who is

engaged in executive and management functions or who is

charged with the effectuation of management policies and

practices or who represents management interests by taking or

recommending discretionary actions that effectively control or

implement policy. Nothing in this definition prohibits an

individual from also meeting the definition of "supervisor"

under subsection (r) of this Section.

(k) "Peace officer" means, for the purposes of this Act

only, any persons who have been or are hereafter appointed to a

police force, department, or agency and sworn or commissioned

to perform police duties, except that the following persons

are not included: part-time police officers, special police

officers, auxiliary police as defined by Section 3.1-30-20 of

the Illinois Municipal Code, night watchmen, "merchant

police", court security officers as defined by Section

3-6012.1 of the Counties Code, temporary employees, traffic

guards or wardens, civilian parking meter and parking

facilities personnel or other individuals specially appointed

to aid or direct traffic at or near schools or public functions

or to aid in civil defense or disaster, parking enforcement

employees who are not commissioned as peace officers and who

are not armed and who are not routinely expected to effect

arrests, parking lot attendants, clerks and dispatchers or

other civilian employees of a police department who are not

routinely expected to effect arrests, or elected officials.

(l) "Person" includes one or more individuals, labor

organizations, public employees, associations, corporations,

legal representatives, trustees, trustees in bankruptcy,

receivers, or the State of Illinois or any political

subdivision of the State or governing body, but does not

include the General Assembly of the State of Illinois or any

individual employed by the General Assembly of the State of

Illinois.

(m) "Professional employee" means any employee engaged in

work predominantly intellectual and varied in character rather

than routine mental, manual, mechanical or physical work;

involving the consistent exercise of discretion and adjustment

in its performance; of such a character that the output

produced or the result accomplished cannot be standardized in

relation to a given period of time; and requiring advanced

knowledge in a field of science or learning customarily

acquired by a prolonged course of specialized intellectual

instruction and study in an institution of higher learning or

a hospital, as distinguished from a general academic education

or from apprenticeship or from training in the performance of

routine mental, manual, or physical processes; or any employee

who has completed the courses of specialized intellectual

instruction and study prescribed in this subsection (m) and is

performing related work under the supervision of a

professional person to qualify to become a professional

employee as defined in this subsection (m).

(n) "Public employee" or "employee", for the purposes of

this Act, means any individual employed by a public employer,

including (i) interns and residents at public hospitals, (ii)

as of July 16, 2003 (the effective date of Public Act 93-204),

but not before, personal assistants working under the Home

Services Program under Section 3 of the Rehabilitation of

Persons with Disabilities Act, subject to the limitations set

forth in this Act and in the Rehabilitation of Persons with

Disabilities Act, (iii) as of January 1, 2006 (the effective

date of Public Act 94-320), but not before, child and day care

home providers participating in the child care assistance

program under Section 9A-11 of the Illinois Public Aid Code,

subject to the limitations set forth in this Act and in Section

9A-11 of the Illinois Public Aid Code, (iv) as of January 29,

2013 (the effective date of Public Act 97-1158), but not

before except as otherwise provided in this subsection (n),

home care and home health workers who function as personal

assistants and individual maintenance home health workers and

who also work under the Home Services Program under Section 3

of the Rehabilitation of Persons with Disabilities Act, no

matter whether the State provides those services through

direct fee-for-service arrangements, with the assistance of a

managed care organization or other intermediary, or otherwise,

(v) beginning on July 19, 2013 (the effective date of Public

Act 98-100) and notwithstanding any other provision of this

Act, any person employed by a public employer and who is

classified as or who holds the employment title of Chief

Stationary Engineer, Assistant Chief Stationary Engineer,

Sewage Plant Operator, Water Plant Operator, Stationary

Engineer, Plant Operating Engineer, and any other employee who

holds the position of: Civil Engineer V, Civil Engineer VI,

Civil Engineer VII, Technical Manager I, Technical Manager II,

Technical Manager III, Technical Manager IV, Technical Manager

V, Technical Manager VI, Realty Specialist III, Realty

Specialist IV, Realty Specialist V, Technical Advisor I,

Technical Advisor II, Technical Advisor III, Technical Advisor

IV, or Technical Advisor V employed by the Department of

Transportation who is in a position which is certified in a

bargaining unit on or before July 19, 2013 (the effective date

of Public Act 98-100), and (vi) beginning on July 19, 2013 (the

effective date of Public Act 98-100) and notwithstanding any

other provision of this Act, any mental health administrator

in the Department of Corrections who is classified as or who

holds the position of Public Service Administrator (Option

8K), any employee of the Office of the Inspector General in the

Department of Human Services who is classified as or who holds

the position of Public Service Administrator (Option 7), any

Deputy of Intelligence in the Department of Corrections who is

classified as or who holds the position of Public Service

Administrator (Option 7), and any employee of the Illinois

State Police who handles issues concerning the Illinois State

Police Sex Offender Registry and who is classified as or holds

the position of Public Service Administrator (Option 7), but

excluding all of the following: employees of the General

Assembly of the State of Illinois; elected officials;

executive heads of a department; members of boards or

commissions; the Executive Inspectors General; any special

Executive Inspectors General; employees of each Office of an

Executive Inspector General; commissioners and employees of

the Executive Ethics Commission; the Auditor General's

Inspector General; employees of the Office of the Auditor

General's Inspector General; the Legislative Inspector

General; any special Legislative Inspectors General; employees

of the Office of the Legislative Inspector General;

commissioners and employees of the Legislative Ethics

Commission; employees of any agency, board or commission

created by this Act; employees appointed to State positions of

a temporary or emergency nature; all employees of school

districts and higher education institutions except

firefighters and peace officers employed by a state university

and except peace officers employed by a school district in its

own police department in existence on July 23, 2010 (the

effective date of Public Act 96-1257); managerial employees;

short-term employees; legislative liaisons; a person who is a

State employee under the jurisdiction of the Office of the

Attorney General who is licensed to practice law or whose

position authorizes, either directly or indirectly, meaningful

input into government decision-making on issues where there is

room for principled disagreement on goals or their

implementation; a person who is a State employee under the

jurisdiction of the Office of the Comptroller who holds the

position of Public Service Administrator or whose position is

otherwise exempt under the Comptroller Merit Employment Code;

a person who is a State employee under the jurisdiction of the

Secretary of State who holds the position classification of

Executive I or higher, whose position authorizes, either

directly or indirectly, meaningful input into government

decision-making on issues where there is room for principled

disagreement on goals or their implementation, or who is

otherwise exempt under the Secretary of State Merit Employment

Code; employees in the Office of the Secretary of State who are

completely exempt from jurisdiction B of the Secretary of

State Merit Employment Code and who are in Rutan-exempt

positions on or after April 5, 2013 (the effective date of

Public Act 97-1172); a person who is a State employee under the

jurisdiction of the Treasurer who holds a position that is

exempt from the State Treasurer Employment Code; any employee

of a State agency who (i) holds the title or position of, or

exercises substantially similar duties as a legislative

liaison, Agency General Counsel, Agency Chief of Staff, Agency

Executive Director, Agency Deputy Director, Agency Chief

Fiscal Officer, Agency Human Resources Director, Public

Information Officer, or Chief Information Officer and (ii) was

neither included in a bargaining unit nor subject to an active

petition for certification in a bargaining unit; any employee

of a State agency who (i) is in a position that is

Rutan-exempt, as designated by the employer, and completely

exempt from jurisdiction B of the Personnel Code and (ii) was

neither included in a bargaining unit nor subject to an active

petition for certification in a bargaining unit; any term

appointed employee of a State agency pursuant to Section 8b.18

or 8b.19 of the Personnel Code who was neither included in a

bargaining unit nor subject to an active petition for

certification in a bargaining unit; any employment position

properly designated pursuant to Section 6.1 of this Act;

confidential employees; independent contractors; and

supervisors except as provided in this Act.

Home care and home health workers who function as personal

assistants and individual maintenance home health workers and

who also work under the Home Services Program under Section 3

of the Rehabilitation of Persons with Disabilities Act shall

not be considered public employees for any purposes not

specifically provided for in Public Act 93-204 or Public Act

97-1158, including, but not limited to, purposes of vicarious

liability in tort and purposes of statutory retirement or

health insurance benefits. Home care and home health workers

who function as personal assistants and individual maintenance

home health workers and who also work under the Home Services

Program under Section 3 of the Rehabilitation of Persons with

Disabilities Act shall not be covered by the State Employees

Group Insurance Act of 1971.

Child and day care home providers shall not be considered

public employees for any purposes not specifically provided

for in Public Act 94-320, including, but not limited to,

purposes of vicarious liability in tort and purposes of

statutory retirement or health insurance benefits. Child and

day care home providers shall not be covered by the State

Employees Group Insurance Act of 1971.

Notwithstanding Section 9, subsection (c), or any other

provisions of this Act, all peace officers above the rank of

captain in municipalities with more than 1,000,000 inhabitants

shall be excluded from this Act.

(o) Except as otherwise in subsection (o-5), "public

employer" or "employer" means the State of Illinois; any

political subdivision of the State, unit of local government

or school district; authorities including departments,

divisions, bureaus, boards, commissions, or other agencies of

the foregoing entities; and any person acting within the scope

of his or her authority, express or implied, on behalf of those

entities in dealing with its employees. As of July 16, 2003

(the effective date of Public Act 93-204), but not before, the

State of Illinois shall be considered the employer of the

personal assistants working under the Home Services Program

under Section 3 of the Rehabilitation of Persons with

Disabilities Act, subject to the limitations set forth in this

Act and in the Rehabilitation of Persons with Disabilities

Act. As of January 29, 2013 (the effective date of Public Act

97-1158), but not before except as otherwise provided in this

subsection (o), the State shall be considered the employer of

home care and home health workers who function as personal

assistants and individual maintenance home health workers and

who also work under the Home Services Program under Section 3

of the Rehabilitation of Persons with Disabilities Act, no

matter whether the State provides those services through

direct fee-for-service arrangements, with the assistance of a

managed care organization or other intermediary, or otherwise,

but subject to the limitations set forth in this Act and the

Rehabilitation of Persons with Disabilities Act. The State

shall not be considered to be the employer of home care and

home health workers who function as personal assistants and

individual maintenance home health workers and who also work

under the Home Services Program under Section 3 of the

Rehabilitation of Persons with Disabilities Act, for any

purposes not specifically provided for in Public Act 93-204 or

Public Act 97-1158, including but not limited to, purposes of

vicarious liability in tort and purposes of statutory

retirement or health insurance benefits. Home care and home

health workers who function as personal assistants and

individual maintenance home health workers and who also work

under the Home Services Program under Section 3 of the

Rehabilitation of Persons with Disabilities Act shall not be

covered by the State Employees Group Insurance Act of 1971. As

of January 1, 2006 (the effective date of Public Act 94-320),

but not before, the State of Illinois shall be considered the

employer of the day and child care home providers

participating in the child care assistance program under

Section 9A-11 of the Illinois Public Aid Code, subject to the

limitations set forth in this Act and in Section 9A-11 of the

Illinois Public Aid Code. The State shall not be considered to

be the employer of child and day care home providers for any

purposes not specifically provided for in Public Act 94-320,

including, but not limited to, purposes of vicarious liability

in tort and purposes of statutory retirement or health

insurance benefits. Child and day care home providers shall

not be covered by the State Employees Group Insurance Act of

1971.

"Public employer" or "employer" as used in this Act,

however, does not mean and shall not include the General

Assembly of the State of Illinois, the Executive Ethics

Commission, the Offices of the Executive Inspectors General,

the Legislative Ethics Commission, the Office of the

Legislative Inspector General, the Office of the Auditor

General's Inspector General, the Office of the Governor, the

Governor's Office of Management and Budget, the Illinois

Finance Authority, the Office of the Lieutenant Governor, the

State Board of Elections, and educational employers or

employers as defined in the Illinois Educational Labor

Relations Act, except with respect to a state university in

its employment of firefighters and peace officers and except

with respect to a school district in the employment of peace

officers in its own police department in existence on July 23,

2010 (the effective date of Public Act 96-1257). County boards

and county sheriffs shall be designated as joint or

co-employers of county peace officers appointed under the

authority of a county sheriff. Nothing in this subsection (o)

shall be construed to prevent the State Panel or the Local

Panel from determining that employers are joint or

co-employers.

(o-5) With respect to wages, fringe benefits, hours,

holidays, vacations, proficiency examinations, sick leave, and

other conditions of employment, the public employer of public

employees who are court reporters, as defined in the Court

Reporters Act, shall be determined as follows:

(1) For court reporters employed by the Cook County

Judicial Circuit, the chief judge of the Cook County

Circuit Court is the public employer and employer

representative.

(2) For court reporters employed by the 12th, 18th,

19th, and, on and after December 4, 2006, the 22nd

judicial circuits, a group consisting of the chief judges

of those circuits, acting jointly by majority vote, is the

public employer and employer representative.

(3) For court reporters employed by all other judicial

circuits, a group consisting of the chief judges of those

circuits, acting jointly by majority vote, is the public

employer and employer representative.

(p) "Security employee" means an employee who is

responsible for the supervision and control of inmates at

correctional facilities. The term also includes other

non-security employees in bargaining units having the majority

of employees being responsible for the supervision and control

of inmates at correctional facilities.

(q) "Short-term employee" means an employee who is

employed for less than 2 consecutive calendar quarters during

a calendar year and who does not have a reasonable assurance

that he or she will be rehired by the same employer for the

same service in a subsequent calendar year.

(q-5) "State agency" means an agency directly responsible

to the Governor, as defined in Section 3.1 of the Executive

Reorganization Implementation Act, and the Illinois Commerce

Commission, the Illinois Workers' Compensation Commission, the

Civil Service Commission, the Pollution Control Board, the

Illinois Racing Board, and the Illinois State Police Merit

Board.

(r) "Supervisor" is:

(1) An employee whose principal work is substantially

different from that of his or her subordinates and who has

authority, in the interest of the employer, to hire,

transfer, suspend, lay off, recall, promote, discharge,

direct, reward, or discipline employees, to adjust their

grievances, or to effectively recommend any of those

actions, if the exercise of that authority is not of a

merely routine or clerical nature, but requires the

consistent use of independent judgment. Except with

respect to police employment, the term "supervisor"

includes only those individuals who devote a preponderance

of their employment time to exercising that authority,

State supervisors notwithstanding. Determinations of

supervisor status shall be based on actual employee job

duties and not solely on written job descriptions. Nothing

in this definition prohibits an individual from also

meeting the definition of "managerial employee" under

subsection (j) of this Section. In addition, in

determining supervisory status in police employment, rank

shall not be determinative. The Board shall consider, as

evidence of bargaining unit inclusion or exclusion, the

common law enforcement policies and relationships between

police officer ranks and certification under applicable

civil service law, ordinances, personnel codes, or

Division 2.1 of Article 10 of the Illinois Municipal Code,

but these factors shall not be the sole or predominant

factors considered by the Board in determining police

supervisory status.

Notwithstanding the provisions of the preceding

paragraph, in determining supervisory status in fire

fighter employment, no fire fighter shall be excluded as a

supervisor who has established representation rights under

Section 9 of this Act. Further, in fire fighter units,

employees shall consist of fire fighters of the highest

rank of company officer and below. A company officer may

be responsible for multiple companies or apparatus on a

shift, multiple stations, or an entire shift. There may be

more than one company officer per shift. If a company

officer otherwise qualifies as a supervisor under the

preceding paragraph, however, he or she shall not be

included in the fire fighter unit. If there is no rank

between that of chief and the highest company officer, the

employer may designate a position on each shift as a Shift

Commander, and the persons occupying those positions shall

be supervisors. All other ranks above that of the highest

company officer shall be supervisors.

(2) With respect only to State employees in positions

under the jurisdiction of the Attorney General, Secretary

of State, Comptroller, or Treasurer (i) that were

certified in a bargaining unit on or after December 2,

2008, (ii) for which a petition is filed with the Illinois

Public Labor Relations Board on or after April 5, 2013

(the effective date of Public Act 97-1172), or (iii) for

which a petition is pending before the Illinois Public

Labor Relations Board on that date, an employee who

qualifies as a supervisor under (A) Section 152 of the

National Labor Relations Act and (B) orders of the

National Labor Relations Board interpreting that provision

or decisions of courts reviewing decisions of the National

Labor Relations Board.

(s)(1) "Unit" means a class of jobs or positions that are

held by employees whose collective interests may suitably be

represented by a labor organization for collective bargaining.

Except with respect to non-State fire fighters and paramedics

employed by fire departments and fire protection districts,

non-State peace officers, and peace officers in the Illinois

State Police, a bargaining unit determined by the Board shall

not include both employees and supervisors, or supervisors

only, except as provided in paragraph (2) of this subsection

(s) and except for bargaining units in existence on July 1,

1984 (the effective date of this Act). With respect to

non-State fire fighters and paramedics employed by fire

departments and fire protection districts, non-State peace

officers, and peace officers in the Illinois State Police, a

bargaining unit determined by the Board shall not include both

supervisors and nonsupervisors, or supervisors only, except as

provided in paragraph (2) of this subsection (s) and except

for bargaining units in existence on January 1, 1986 (the

effective date of this amendatory Act of 1985). A bargaining

unit determined by the Board to contain peace officers shall

contain no employees other than peace officers unless

otherwise agreed to by the employer and the labor organization

or labor organizations involved. Notwithstanding any other

provision of this Act, a bargaining unit, including a

historical bargaining unit, containing sworn peace officers of

the Department of Natural Resources (formerly designated the

Department of Conservation) shall contain no employees other

than such sworn peace officers upon the effective date of this

amendatory Act of 1990 or upon the expiration date of any

collective bargaining agreement in effect upon the effective

date of this amendatory Act of 1990 covering both such sworn

peace officers and other employees.

(2) Notwithstanding the exclusion of supervisors from

bargaining units as provided in paragraph (1) of this

subsection (s), a public employer may agree to permit its

supervisory employees to form bargaining units and may bargain

with those units. This Act shall apply if the public employer

chooses to bargain under this subsection.

(3) Public employees who are court reporters, as defined

in the Court Reporters Act, shall be divided into 3 units for

collective bargaining purposes. One unit shall be court

reporters employed by the Cook County Judicial Circuit; one

unit shall be court reporters employed by the 12th, 18th,

19th, and, on and after December 4, 2006, the 22nd judicial

circuits; and one unit shall be court reporters employed by

all other judicial circuits.

(t) "Active petition for certification in a bargaining

unit" means a petition for certification filed with the Board

under one of the following case numbers: S-RC-11-110;

S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;

S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;

S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;

S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;

S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;

S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;

S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;

S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;

S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;

S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;

S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;

S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or

S-RC-07-100.

(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;

102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)

Section 25. The Illinois Governmental Ethics Act is

amended by changing Section 2-104 as follows:

(5 ILCS 420/2-104) (from Ch. 127, par. 602-104)

Sec. 2-104. No legislator may accept or participate in any

way in any representation case, as that term is defined in

Section 1-113, before (1) the Court of Claims of this State or

(2) before the Illinois Workers' Compensation Commission, when

the State of Illinois is the respondent.

This Section does not prohibit participation in such a

representation case by a person with whom the legislator

maintains a close economic association, unless the fact of

that association is used to influence or attempt to influence

the State agency in the rendering of its decision.

A violation of this Section is a Class A misdemeanor.

(Source: P.A. 93-721, eff. 1-1-05; revised 6-13-22.)

Section 30. The Illinois TRUST Act is amended by changing

Sections 10 and 15 as follows:

(5 ILCS 805/10)

Sec. 10. Definitions. In this Act:

"Citizenship or immigration status" means all matters

regarding citizenship of the United States or any other

country or the authority to reside in or otherwise be present

in the United States.

"Civil immigration warrant" means any document that is not

approved or ordered by a judge that can form the basis for an

individual's arrest or detention for a civil immigration

enforcement purpose. "Civil immigration warrant" includes Form

I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to

Detain or Release Alien", Form I-205 "Warrant of

Removal/Deportation", Form I-286 "Notice of Custody

Determination", any predecessor or successor form, and all

warrants, hits, or requests contained in the "Immigration

Violator File" of the FBI's National Crime Information Center

(NCIC) database. "Civil immigration warrant" does not include

any criminal warrant.

"Contact information" means home address, work address,

telephone number, electronic mail address, social media

information, or any other personal identifying information

that could be used as a means to contact an individual.

"Immigration agent" means an agent of federal Immigration

and Customs Enforcement, federal Customs and Border

Protection, or any similar or successor agency.

"Immigration detainer" means a request to a State or local

law enforcement agency to provide notice of release or

maintain custody of an individual based on an alleged

violation of a civil immigration law, including detainers

issued under Sections 1226 or 1357 of Title 8 of the United

States Code or 287.7 or 236.1 of Title 8 of the Code of Federal

Regulations. "Immigration detainer" includes Form I-247A

"Immigration Detainer – Notice of Action" and any predecessor

or successor form.

"Law enforcement agency" means an agency of the State or

of a unit of local government charged with enforcement of

State, county, or municipal laws or with managing custody of

detained persons in the State.

"Law enforcement official" means any individual with the

power to arrest or detain individuals, including law

enforcement officers, corrections officers officer, and others

employed or designated by a law enforcement agency. "Law

enforcement official" includes any probation officer.

(Source: P.A. 102-234, eff. 8-2-21; revised 9-13-22.)

(5 ILCS 805/15)

Sec. 15. Prohibition on enforcing federal civil

immigration laws.

(a) A law enforcement agency or law enforcement official

shall not detain or continue to detain any individual solely

on the basis of any immigration detainer or civil immigration

warrant or otherwise comply with an immigration detainer or

civil immigration warrant.

(b) A law enforcement agency or law enforcement official

shall not stop, arrest, search, detain, or continue to detain

a person solely based on an individual's citizenship or

immigration status.

(c) (Blank).

(d) A law enforcement agency or law enforcement official

acting in good faith in compliance with this Section who

releases a person subject to an immigration detainer or civil

immigration warrant shall have immunity from any civil or

criminal liability that might otherwise occur as a result of

making the release, with the exception of willful or wanton

misconduct.

(e) A law enforcement agency or law enforcement official

may not inquire about or investigate the citizenship or

immigration status or place of birth of any individual in the

agency or official's custody or who has otherwise been stopped

or detained by the agency or official. Nothing in this

subsection shall be construed to limit the ability of a law

enforcement agency or law enforcement official, pursuant to

State or federal law, to notify a person in the law enforcement

agency's custody about that person's right to communicate with

consular officers from that person's country of nationality,

or facilitate such communication, in accordance with the

Vienna Convention on Consular Relations or other bilateral

agreements. Nothing in this subsection shall be construed to

limit the ability of a law enforcement agency or law

enforcement official to request evidence of citizenship or

immigration status pursuant to the Firearm Owners

Identification Card Act, the Firearm Concealed Carry Act,

Article 24 of the Criminal Code of 2012, or 18 United States

Code Sections 921 through 931.

(f) Unless otherwise limited by federal law, a law

enforcement agency or law enforcement official may not deny

services, benefits, privileges, or opportunities to an

individual in custody or under probation status, including,

but not limited to, eligibility for or placement in a lower

custody classification, educational, rehabilitative, or

diversionary programs, on the basis of the individual's

citizenship or immigration status, the issuance of an

immigration detainer or civil immigration warrant against the

individual, or the individual being in immigration removal

proceedings.

(g)(1) No law enforcement agency, law enforcement

official, or any unit of State or local government may enter

into or renew any contract, intergovernmental service

agreement, or any other agreement to house or detain

individuals for federal civil immigration violations.

(2) Any law enforcement agency, law enforcement official,

or unit of State or local government with an existing

contract, intergovernmental agreement, or other agreement,

whether in whole or in part, that is utilized to house or

detain individuals for civil immigration violations shall

exercise the termination provision in the agreement as applied

to housing or detaining individuals for civil immigration

violations no later than January 1, 2022.

(h) Unless presented with a federal criminal warrant, or

otherwise required by federal law, a law enforcement agency or

official may not:

(1) participate, support, or assist in any capacity

with an immigration agent's enforcement operations,

including any collateral assistance such as coordinating

an arrest in a courthouse or other public facility,

providing use of any equipment, transporting any

individuals, or establishing a security or traffic

perimeter surrounding such operations, or any other

on-site support;

(2) give any immigration agent access, including by

telephone, to any individual who is in that agency's

custody;

(3) transfer any person into an immigration agent's

custody;

(4) permit immigration agents use of agency facilities

or equipment, including any agency electronic databases

not available to the public, for investigative interviews

or other investigative or immigration enforcement purpose;

(5) enter into or maintain any agreement regarding

direct access to any electronic database or other

data-sharing platform maintained by any law enforcement

agency, or otherwise provide such direct access to the

U.S. Immigration and Customs Enforcement, United States

Customs and Border Protection or any other federal entity

enforcing civil immigration violations;

(6) provide information in response to any immigration

agent's inquiry or request for information regarding any

individual in the agency's custody; or

(7) provide to any immigration agent information not

otherwise available to the public relating to an

individual's release or contact information, or otherwise

facilitate for an immigration agent to apprehend or

question an individual for immigration enforcement.

(i) Nothing in this Section shall preclude a law

enforcement official from otherwise executing that official's

duties in investigating violations of criminal law and

cooperating in such investigations with federal and other law

enforcement agencies (including criminal investigations

conducted by federal Homeland Security Investigations (HSI))

in order to ensure public safety.

(Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)

Section 35. The First Responders Suicide Prevention Act is

amended by changing Section 40 as follows:

(5 ILCS 840/40)

Sec. 40. Task Force recommendations.

(a) Task Force members shall recommend that agencies and

organizations guarantee access to mental health and wellness

services, including, but not limited to, peer support programs

and providing ongoing education related to the ever-evolving

concept of mental health wellness. These recommendations could

be accomplished by:

(1) Revising agencies' and organizations' employee

assistance programs (EAPs).

(2) Urging health care providers to replace outdated

healthcare plans and include more progressive options

catering to the needs and disproportionate risks

shouldered by our first responders.

(3) Allocating funding or resources for public service

announcements (PSA) and messaging campaigns aimed at

raising awareness of available assistance options.

(4) Encouraging agencies and organizations to attach

lists of all available resources to training manuals and

continuing education requirements.

(b) Task Force members shall recommend agencies and

organizations sponsor or facilitate first responders with

specialized training in the areas of psychological fitness,

depressive disorders, early detection, and mitigation best

practices. Such trainings could be accomplished by:

(1) Assigning, appointing, or designating one member

of an agency or organization to attend specialized

training(s) sponsored by an accredited agency,

association, or organization recognized in their fields of

study.

(2) Seeking sponsorships or conducting fund-raisers,

to host annual or semiannual on-site visits from qualified

clinicians or physicians to provide early detection

training techniques, or to provide regular access to

mental health professionals.

(3) Requiring a minimum number of hours of disorders

and wellness training be incorporated into reoccurring,

annual or biannual training standards, examinations, and

curriculums, taking into close consideration respective

agency or organization size, frequency, and number of all

current federal and state mandatory examinations and

trainings expected respectively.

(4) Not underestimating the crucial importance of a

balanced diet, sleep, mindfulness-based stress reduction

techniques, moderate and vigorous intensity activities,

and recreational hobbies, which have been scientifically

proven to play a major role in brain health and mental

wellness.

(c) Task Force members shall recommend that administrators

and leadership personnel solicit training services from

evidence-based, data driven organizations. Organizations with

personnel trained on the analytical review and interpretation

of specific fields related to the nature of first responders'

exploits, such as PTSD, substance abuse, chronic state of

duress. Task Force members shall further recommend funding for

expansion and messaging campaigns of preliminary

self-diagnosing technologies like the one described above.

These objectives could be met by:

(1) Contacting an accredited agency, association, or

organization recognized in the field or fields of specific

study. Unbeknownst to the majority, many of the agencies

and organizations listed above receive grants and

allocations to assist communities with the very issues

being discussed in this Section.

(2) Normalizing help-seeking behaviors for both first

responders and their families through regular messaging

and peer support outreach, beginning with academy

curricula and continuing education throughout individuals'

careers.

(3) Funding and implementing PSA campaigns that

provide clear and concise calls to action about mental

health and wellness, resiliency, help-seeking, treatment,

and recovery.

(4) Promoting and raising awareness of not-for-profit

non-for-profit organizations currently available to assist

individuals in search of care and treatment. Organizations

have intuitive user-friendly sites, most of which have

mobile applications, so first responders can access at a

moment's notice. However, because of limited funds, these

organizations have a challenging time of getting the word

out there about their existence.

(5) Expanding Family and Medical Leave Act protections

for individuals voluntarily seeking preventative

treatment.

(6) Promoting and ensuring complete patient

confidentiality protections.

(d) Task Force members shall recommend that agencies and

organizations incorporate the following training components

into already existing modules and educational curriculums.

Doing so could be done by:

(1) Bolstering academy and school curricula by

requiring depressive disorder training catered to PTSD,

substance abuse, and early detection techniques training,

taking into close consideration respective agency or

organization size, and the frequency and number of all

current federal and state mandatory examinations and

trainings expected respectively.

(2) Continuing to allocate or match federal and state

funds to maintain Mobile Mobil Training Units (MTUs).

(3) Incorporating a state certificate for peer support

training into already exiting statewide curriculums and

mandatory examinations, annual State Fire Marshal

examinations, and physical fitness examinations. The

subject matter of the certificate should have an emphasis

on mental health and wellness, as well as familiarization

with topics ranging from clinical social work, clinical

psychology, clinical behaviorist, and clinical psychiatry.

(4) Incorporating and performing statewide mental

health check-ins during the same times as already mandated

trainings. These checks are not to be compared or used as

measures of fitness for duty evaluations or structured

psychological examinations.

(5) Recommending comprehensive and evidence-based

training on the importance of preventative measures on the

topics of sleep, nutrition, mindfulness, and physical

movement.

(6) Law enforcement agencies should provide training

on the Firearm Owner's Identification Card Act, including

seeking relief from the Illinois State Police under

Section 10 of the Firearm Owners Identification Card Act

and a FOID card being a continued condition of employment

under Section 7.2 of the Uniform Peace Officers'

Disciplinary Act.

(Source: P.A. 102-352, eff. 6-1-22; revised 8-8-22.)

Section 40. The Election Code is amended by changing

Sections 7-13, 7-16, 7-42, 7-43, 7-59, 7-61, 8-8, 10-14, 16-3,

and 16-5.01 as follows:

(10 ILCS 5/7-13) (from Ch. 46, par. 7-13)

Sec. 7-13. The board of election commissioners in cities

of 500,000 or more population having such board, shall

constitute an electoral board for the hearing and passing upon

objections to nomination petitions for ward committeepersons.

Except as otherwise provided in this Code, such objections

shall be filed in the office of the county clerk within 5

business days after the last day for filing nomination papers.

The objection shall state the name and address of the

objector, who may be any qualified elector in the ward, the

specific grounds of objection and the relief requested of the

electoral board. Upon the receipt of the objection, the county

clerk shall forthwith transmit such objection and the petition

of the candidate to the board of election commissioners. The

board of election commissioners shall forthwith notify the

objector and candidate objected to of the time and place for

hearing hereon. After a hearing upon the validity of such

objections, the board shall certify to the county clerk its

decision stating whether or not the name of the candidate

shall be printed on the ballot and the county clerk in his or

her certificate to the board of election commissioners shall

leave off of the certificate the name of the candidate for ward

committeeperson that the election commissioners order not to

be printed on the ballot. However, the decision of the board of

election commissioners is subject to judicial review as

provided in Section 10-10.1.

The county electoral board composed as provided in Section

10-9 shall constitute an electoral board for the hearing and

passing upon objections to nomination petitions for precinct

and township committeepersons. Such objections shall be filed

in the office of the county clerk within 5 business days after

the last day for filing nomination papers. The objection shall

state the name and address of the objector who may be any

qualified elector in the precinct or in the township or part of

a township that lies outside of a city having a population of

500,000 or more, the specific grounds of objection and the

relief requested of the electoral board. Upon the receipt of

the objection the county clerk shall forthwith transmit such

objection and the petition of the candidate to the chair of the

county electoral board. The chair of the county electoral

board shall forthwith notify the objector, the candidate whose

petition is objected to and the other members of the electoral

board of the time and place for hearing thereon. After hearing

upon the validity of such objections the board shall certify

its decision to the county clerk stating whether or not the

name of the candidate shall be printed on the ballot, and the

county clerk, in his or her certificate to the board of

election commissioners, shall leave off of the certificate the

name of the candidate ordered by the board not to be printed on

the ballot, and the county clerk shall also refrain from

printing on the official primary ballot, the name of any

candidate whose name has been ordered by the electoral board

not to be printed on the ballot. However, the decision of the

board is subject to judicial review as provided in Section

10-10.1.

In such proceedings the electoral boards have the same

powers as other electoral boards under the provisions of

Section 10-10 of this Code Act and their decisions are subject

to judicial review under Section 10-10.1.

(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

(10 ILCS 5/7-16) (from Ch. 46, par. 7-16)

Sec. 7-16. Each election authority in each county shall

prepare and cause to be printed the primary ballot of each

political party for each precinct in his respective

jurisdiction.

Except as otherwise provided in this Code, the election

authority shall, at least 45 days prior to the date of the

primary election, have a sufficient number of ballots printed

so that such ballots will be available for mailing 45 days

prior to the primary election to persons who have filed

application for a ballot under the provisions of Article 20 of

this Code Act.

(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

(10 ILCS 5/7-42) (from Ch. 46, par. 7-42)

Sec. 7-42. (a) Any person entitled to vote at such primary

shall, on the day of such primary, with the consent of his

employer, be entitled to absent himself from any service or

employment in which he is then engaged or employed for a period

of 2 two hours between the time of opening and closing the

polls. The employer may specify the hours during which said

employee employe may absent himself.

(b) Beginning the 15th day before the primary election or

on the day of the primary election, any student entitled to

vote at such primary shall be entitled to be absent from school

for a period of 2 hours during the school day in order to vote.

The school may specify the hours during which the eligible

student may be absent. A student who is absent from school

under this subsection (b) is not considered absent for the

purpose of calculating enrollment under Section 18-8.15 of the

School Code.

(Source: P.A. 101-624, eff. 6-1-20; revised 8-23-22.)

(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)

Sec. 7-43. Every person having resided in this State 6

months and in the precinct 30 days next preceding any primary

therein who shall be a citizen of the United States of the age

of 18 or more years shall be entitled to vote at such primary.

The following regulations shall be applicable to

primaries:

No person shall be entitled to vote at a primary:

(a) Unless he declares his party affiliations as

required by this Article.

(b) (Blank).

(c) (Blank).

(c.5) If that person has participated in the town

political party caucus, under Section 45-50 of the

Township Code, of another political party by signing

an affidavit of voters attending the caucus within 45

days before the first day of the calendar month in

which the primary is held.

(d) (Blank).

In cities, villages, and incorporated towns having a

board of election commissioners, only voters registered as

provided by Article 6 of this Code Act shall be entitled to

vote at such primary.

No person shall be entitled to vote at a primary

unless he is registered under the provisions of Article

Articles 4, 5, or 6 of this Code Act, when his registration

is required by any of said Articles to entitle him to vote

at the election with reference to which the primary is

held.

A person (i) who filed a statement of candidacy for a

partisan office as a qualified primary voter of an established

political party or (ii) who voted the ballot of an established

political party at a general primary election may not file a

statement of candidacy as a candidate of a different

established political party, a new political party, or as an

independent candidate for a partisan office to be filled at

the general election immediately following the general primary

for which the person filed the statement or voted the ballot. A

person may file a statement of candidacy for a partisan office

as a qualified primary voter of an established political party

regardless of any prior filing of candidacy for a partisan

office or voting the ballot of an established political party

at any prior election.

(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)

Sec. 7-59. (a) The person receiving the highest number of

votes at a primary as a candidate of a party for the nomination

for an office shall be the candidate of that party for such

office, and his name as such candidate shall be placed on the

official ballot at the election then next ensuing; provided,

that where there are 2 two or more persons to be nominated for

the same office or board, the requisite number of persons

receiving the highest number of votes shall be nominated, and

their names shall be placed on the official ballot at the

following election.

Except as otherwise provided by Section 7-8 of this Code

Act, the person receiving the highest number of votes of his

party for State central committeeperson of his congressional

district shall be declared elected State central

committeeperson from said congressional district.

Unless a national political party specifies that delegates

and alternate delegates to a National nominating convention be

allocated by proportional selection representation according

to the results of a Presidential preference primary, the

requisite number of persons receiving the highest number of

votes of their party for delegates and alternate delegates to

National nominating conventions from the State at large, and

the requisite number of persons receiving the highest number

of votes of their party for delegates and alternate delegates

to National nominating conventions in their respective

congressional districts shall be declared elected delegates

and alternate delegates to the National nominating conventions

of their party.

A political party which elects the members to its State

Central Committee by Alternative B under paragraph (a) of

Section 7-8 shall select its congressional district delegates

and alternate delegates to its national nominating convention

by proportional selection representation according to the

results of a Presidential preference primary in each

congressional district in the manner provided by the rules of

the national political party and the State Central Committee,

when the rules and policies of the national political party so

require.

A political party which elects the members to its State

Central Committee by Alternative B under paragraph (a) of

Section 7-8 shall select its at large delegates and alternate

delegates to its national nominating convention by

proportional selection representation according to the results

of a Presidential preference primary in the whole State in the

manner provided by the rules of the national political party

and the State Central Committee, when the rules and policies

of the national political party so require.

The person receiving the highest number of votes of his

party for precinct committeeperson of his precinct shall be

declared elected precinct committeeperson from said precinct.

The person receiving the highest number of votes of his

party for township committeeperson of his township or part of

a township as the case may be, shall be declared elected

township committeeperson from said township or part of a

township as the case may be. In cities where ward

committeepersons are elected, the person receiving the highest

number of votes of his party for ward committeeperson of his

ward shall be declared elected ward committeeperson from said

ward.

When 2 two or more persons receive an equal and the highest

number of votes for the nomination for the same office or for

committeeperson of the same political party, or where more

than one person of the same political party is to be nominated

as a candidate for office or committeeperson, if it appears

that more than the number of persons to be nominated for an

office or elected committeeperson have the highest and an

equal number of votes for the nomination for the same office or

for election as committeeperson, the election authority by

which the returns of the primary are canvassed shall decide by

lot which of said persons shall be nominated or elected, as the

case may be. In such case the election authority shall issue

notice in writing to such persons of such tie vote stating

therein the place, the day (which shall not be more than 5 days

thereafter) and the hour when such nomination or election

shall be so determined.

(b) Except as otherwise provided in this Code, write-in

votes shall be counted only for persons who have filed

notarized declarations of intent to be write-in candidates

with the proper election authority or authorities not later

than 61 days prior to the primary. However, whenever an

objection to a candidate's nominating papers or petitions for

any office is sustained under Section 10-10 after the 61st day

before the election, then write-in votes shall be counted for

that candidate if he or she has filed a notarized declaration

of intent to be a write-in candidate for that office with the

proper election authority or authorities not later than 7 days

prior to the election.

Forms for the declaration of intent to be a write-in

candidate shall be supplied by the election authorities. Such

declaration shall specify the office for which the person

seeks nomination or election as a write-in candidate.

The election authority or authorities shall deliver a list

of all persons who have filed such declarations to the

election judges in the appropriate precincts prior to the

primary.

(c) (1) Notwithstanding any other provisions of this

Section, where the number of candidates whose names have been

printed on a party's ballot for nomination for or election to

an office at a primary is less than the number of persons the

party is entitled to nominate for or elect to the office at the

primary, a person whose name was not printed on the party's

primary ballot as a candidate for nomination for or election

to the office, is not nominated for or elected to that office

as a result of a write-in vote at the primary unless the number

of votes he received equals or exceeds the number of

signatures required on a petition for nomination for that

office; or unless the number of votes he receives exceeds the

number of votes received by at least one of the candidates

whose names were printed on the primary ballot for nomination

for or election to the same office.

(2) Paragraph (1) of this subsection does not apply where

the number of candidates whose names have been printed on the

party's ballot for nomination for or election to the office at

the primary equals or exceeds the number of persons the party

is entitled to nominate for or elect to the office at the

primary.

(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)

Sec. 7-61. Whenever a special election is necessary, the

provisions of this Article are applicable to the nomination of

candidates to be voted for at such special election.

In cases where a primary election is required, the officer

or board or commission whose duty it is under the provisions of

this Code Act relating to general elections to call an

election, shall fix a date for the primary for the nomination

of candidates to be voted for at such special election. Notice

of such primary shall be given at least 15 days prior to the

maximum time provided for the filing of petitions for such a

primary as provided in Section 7-12.

Any vacancy in nomination under the provisions of this

Article 7 occurring on or after the primary and prior to

certification of candidates by the certifying board or

officer, must be filled prior to the date of certification.

Any vacancy in nomination occurring after certification but

prior to 15 days before the general election shall be filled

within 8 days after the event creating the vacancy. The

resolution filling the vacancy shall be sent by U. S. mail or

personal delivery to the certifying officer or board within 3

days of the action by which the vacancy was filled; provided,

if such resolution is sent by mail and the U. S. postmark on

the envelope containing such resolution is dated prior to the

expiration of such 3-day 3 day limit, the resolution shall be

deemed filed within such 3-day 3 day limit. Failure to so

transmit the resolution within the time specified in this

Section shall authorize the certifying officer or board to

certify the original candidate. Vacancies shall be filled by

the officers of a local municipal or township political party

as specified in subsection (h) of Section 7-8, other than a

statewide political party, that is established only within a

municipality or township and the managing committee (or

legislative committee in case of a candidate for State Senator

or representative committee in the case of a candidate for

State Representative in the General Assembly or State central

committee in the case of a candidate for statewide office,

including, but not limited to, the office of United States

Senator) of the respective political party for the territorial

area in which such vacancy occurs.

The resolution to fill a vacancy in nomination shall be

duly acknowledged before an officer qualified to take

acknowledgments acknowledgements of deeds and shall include,

upon its face, the following information:

(a) the name of the original nominee and the office

vacated;

(b) the date on which the vacancy occurred;

(c) the name and address of the nominee selected to

fill the vacancy and the date of selection.

The resolution to fill a vacancy in nomination shall be

accompanied by a Statement of Candidacy, as prescribed in

Section 7-10, completed by the selected nominee and a receipt

indicating that such nominee has filed a statement of economic

interests as required by the Illinois Governmental Ethics Act.

The provisions of Section 10-8 through 10-10.1 relating to

objections to certificates of nomination and nomination

papers, hearings on objections, and judicial review, shall

apply to and govern objections to resolutions for filling a

vacancy in nomination.

Any vacancy in nomination occurring 15 days or less before

the consolidated election or the general election shall not be

filled. In this event, the certification of the original

candidate shall stand and his name shall appear on the

official ballot to be voted at the general election.

A vacancy in nomination occurs when a candidate who has

been nominated under the provisions of this Article 7 dies

before the election (whether death occurs prior to, on or

after the day of the primary), or declines the nomination;

provided that nominations may become vacant for other reasons.

If the name of no established political party candidate

was printed on the consolidated primary ballot for a

particular office and if no person was nominated as a write-in

candidate for such office, a vacancy in nomination shall be

created which may be filled in accordance with the

requirements of this Section. Except as otherwise provided in

this Code, if the name of no established political party

candidate was printed on the general primary ballot for a

particular office and if no person was nominated as a write-in

candidate for such office, a vacancy in nomination shall be

filled only by a person designated by the appropriate

committee of the political party and only if that designated

person files nominating petitions with the number of

signatures required for an established party candidate for

that office within 75 days after the day of the general

primary. The circulation period for those petitions begins on

the day the appropriate committee designates that person. The

person shall file his or her nominating petitions, statements

of candidacy, notice of appointment by the appropriate

committee, and receipt of filing his or her statement of

economic interests together. These documents shall be filed at

the same location as provided in Section 7-12. The electoral

boards having jurisdiction under Section 10-9 to hear and pass

upon objections to nominating petitions also shall hear and

pass upon objections to nomination petitions filed by

candidates under this paragraph.

A candidate for whom a nomination paper has been filed as a

partisan candidate at a primary election, and who is defeated

for his or her nomination at such primary election, is

ineligible to be listed on the ballot at that general or

consolidated election as a candidate of another political

party.

A candidate seeking election to an office for which

candidates of political parties are nominated by caucus who is

a participant in the caucus and who is defeated for his or her

nomination at such caucus, is ineligible to be listed on the

ballot at that general or consolidated election as a candidate

of another political party.

In the proceedings to nominate a candidate to fill a

vacancy or to fill a vacancy in the nomination, each precinct,

township, ward, county, or congressional district, as the case

may be, shall, through its representative on such central or

managing committee, be entitled to one vote for each ballot

voted in such precinct, township, ward, county, or

congressional district, as the case may be, by the primary

electors of its party at the primary election immediately

preceding the meeting at which such vacancy is to be filled.

For purposes of this Section, the words "certify" and

"certification" shall refer to the act of officially declaring

the names of candidates entitled to be printed upon the

official ballot at an election and directing election

authorities to place the names of such candidates upon the

official ballot. "Certifying officers or board" shall refer to

the local election official, the election authority, or the

State Board of Elections, as the case may be, with whom

nomination papers, including certificates of nomination and

resolutions to fill vacancies in nomination, are filed and

whose duty it is to "certify" candidates.

(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)

Sec. 8-8. Form of petition for nomination. The name of no

candidate for nomination shall be printed upon the primary

ballot unless a petition for nomination shall have been filed

in his behalf as provided for in this Section. Each such

petition shall include as a part thereof the oath required by

Section 7-10.1 of this Code Act and a statement of candidacy by

the candidate filing or in whose behalf the petition is filed.

This statement shall set out the address of such candidate

and , the office for which he is a candidate; , shall state that

the candidate is a qualified primary voter of the party to

which the petition relates, is qualified for the office

specified, and has filed a statement of economic interests as

required by the Illinois Governmental Ethics Act; , shall

request that the candidate's name be placed upon the official

ballot; and shall be subscribed and sworn by such candidate

before some officer authorized to take acknowledgment of deeds

in this State and may be in substantially the following form:

State of Illinois)

) ss.

County ..........)

I, ...., being first duly sworn, say that I reside at ....

street in the city (or village of) .... in the county of ....

State of Illinois; that I am a qualified voter therein and am a

qualified primary voter of .... party; that I am a candidate

for nomination to the office of .... to be voted upon at the

primary election to be held on (insert date); that I am legally

qualified to hold such office and that I have filed a statement

of economic interests as required by the Illinois Governmental

Ethics Act and I hereby request that my name be printed upon

the official primary ballot for nomination for such office.

Signed ....................

Subscribed and sworn to (or affirmed) before me by ....,

who is to me personally known, on (insert date).

Signed .... (Official Character)

(Seal if officer has one.)

The receipt issued by the Secretary of State indicating

that the candidate has filed the statement of economic

interests required by the Illinois Governmental Ethics Act

must be filed with the petitions for nomination as provided in

subsection (8) of Section 7-12 of this Code.

Except as otherwise provided in this Code, all petitions

for nomination for the office of State Senator shall be signed

by at least 1,000 but not more than 3,000 of the qualified

primary electors of the candidate's party in his legislative

district.

Except as otherwise provided in this Code, all petitions

for nomination for the office of Representative in the General

Assembly shall be signed by at least 500 but not more than

1,500 of the qualified primary electors of the candidate's

party in his or her representative district.

Opposite the signature of each qualified primary elector

who signs a petition for nomination for the office of State

Representative or State Senator such elector's residence

address shall be written or printed. The residence address

required to be written or printed opposite each qualified

primary elector's name shall include the street address or

rural route number of the signer, as the case may be, as well

as the signer's county and city, village, or town.

For the purposes of this Section, the number of primary

electors shall be determined by taking the total vote cast, in

the applicable district, for the candidate for such political

party who received the highest number of votes, state-wide, at

the last general election in the State at which electors for

President of the United States were elected.

A "qualified primary elector" of a party may not sign

petitions for or be a candidate in the primary of more than one

party.

In the affidavit at the bottom of each sheet, the petition

circulator, who shall be a person 18 years of age or older who

is a citizen of the United States, shall state his or her

street address or rural route number, as the case may be, as

well as his or her county, city, village or town, and state;

and shall certify that the signatures on that sheet of the

petition were signed in his or her presence; and shall certify

that the signatures are genuine; and shall certify that, to

the best of his or her knowledge and belief, the persons so

signing were at the time of signing the petition qualified

primary voters for which the nomination is sought.

In the affidavit at the bottom of each petition sheet, the

petition circulator shall either (1) indicate the dates on

which he or she circulated that sheet, or (2) indicate the

first and last dates on which the sheet was circulated, or (3)

for elections where the petition circulation period is 90

days, certify that none of the signatures on the sheet were

signed more than 90 days preceding the last day for the filing

of the petition, or (4) for the 2022 general primary election

only, certify that the signatures on the sheet were signed

during the period of January 13, 2022 through March 14, 2022 or

certify that the signatures on the sheet were signed during

the period of January 13, 2022 through the date on which this

statement was sworn or affirmed to. No petition sheet shall be

circulated more than 90 days preceding the last day provided

in Section 8-9 for the filing of such petition.

All petition sheets which are filed with the State Board

of Elections shall be the original sheets which have been

signed by the voters and by the circulator, and not

photocopies or duplicates of such sheets.

The person circulating the petition, or the candidate on

whose behalf the petition is circulated, may strike any

signature from the petition, provided that:

(1) the person striking the signature shall initial

the petition at the place where the signature is struck;

and

(2) the person striking the signature shall sign a

certification listing the page number and line number of

each signature struck from the petition. Such

certification shall be filed as a part of the petition.

(Source: P.A. 102-15, eff. 6-17-21; 102-692, eff. 1-7-22;

revised 2-28-22.)

(10 ILCS 5/10-14) (from Ch. 46, par. 10-14)

Sec. 10-14. Except as otherwise provided in this Code, not

less than 74 days before the date of the general election the

State Board of Elections shall certify to the county clerk of

each county the name of each candidate whose nomination

papers, certificate of nomination, or resolution to fill a

vacancy in nomination has been filed with the State Board of

Elections and direct the county clerk to place upon the

official ballot for the general election the names of such

candidates in the same manner and in the same order as shown

upon the certification. The name of no candidate for an office

to be filled by the electors of the entire state shall be

placed upon the official ballot unless his name is duly

certified to the county clerk upon a certificate signed by the

members of the State Board of Elections. The names of group

candidates on petitions shall be certified to the several

county clerks in the order in which such names appear on such

petitions filed with the State Board of Elections.

Except as otherwise provided in this Code, not less than

68 days before the date of the general election, each county

clerk shall certify the names of each of the candidates for

county offices whose nomination papers, certificates of

nomination, or resolutions to fill a vacancy in nomination

have been filed with such clerk and declare that the names of

such candidates for the respective offices shall be placed

upon the official ballot for the general election in the same

manner and in the same order as shown upon the certification.

Each county clerk shall place a copy of the certification on

file in his or her office and at the same time issue to the

State Board of Elections a copy of such certification. In

addition, each county clerk in whose county there is a board of

election commissioners shall, not less than 69 days before the

election, certify to the board of election commissioners the

name of the person or persons nominated for such office as

shown by the certificate of the State Board of Elections,

together with the names of all other candidates as shown by the

certification of county officers on file in the clerk's

office, and in the order so certified. The county clerk or

board of election commissioners shall print the names of the

nominees on the ballot for each office in the order in which

they are certified to or filed with the county clerk;

provided, that in printing the name of nominees for any

office, if any of such nominees have also been nominated by one

or more political parties pursuant to this Code Act, the

location of the name of such candidate on the ballot for

nominations made under this Article shall be precisely in the

same order in which it appears on the certification of the

State Board of Elections to the county clerk.

For the general election, the candidates of new political

parties shall be placed on the ballot for said election after

the established political party candidates and in the order of

new political party petition filings.

Each certification shall indicate, where applicable, the

following:

(1) The political party affiliation, if any, of the

candidates for the respective offices;

(2) If there is to be more than one candidate elected

to an office from the State, political subdivision, or

district;

(3) If the voter has the right to vote for more than

one candidate for an office;

(4) The term of office, if a vacancy is to be filled

for less than a full term or if the offices to be filled in

a political subdivision are for different terms.

The State Board of Elections or the county clerk, as the

case may be, shall issue an amended certification whenever it

is discovered that the original certification is in error.

(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)

Sec. 16-3. (a) The names of all candidates to be voted for

in each election district or precinct shall be printed on one

ballot, except as is provided in Sections 16-6.1 and 21-1.01

of this Code Act and except as otherwise provided in this Code

Act with respect to the odd year regular elections and the

emergency referenda; all nominations of any political party

being placed under the party appellation or title of such

party as designated in the certificates of nomination or

petitions. The names of all independent candidates shall be

printed upon the ballot in a column or columns under the

heading "independent" arranged under the names or titles of

the respective offices for which such independent candidates

shall have been nominated and so far as practicable, the name

or names of any independent candidate or candidates for any

office shall be printed upon the ballot opposite the name or

names of any candidate or candidates for the same office

contained in any party column or columns upon said ballot. The

ballot shall contain no other names, except that in cases of

electors for President and Vice-President of the United

States, the names of the candidates for President and

Vice-President may be added to the party designation and words

calculated to aid the voter in his choice of candidates may be

added, such as "Vote for one," "Vote for not more than three."

If no candidate or candidates file for an office and if no

person or persons file a declaration as a write-in candidate

for that office, then below the title of that office the

election authority instead shall print "No Candidate". When an

electronic voting system is used which utilizes a ballot label

booklet, the candidates and questions shall appear on the

pages of such booklet in the order provided by this Code; and,

in any case where candidates for an office appear on a page

which does not contain the name of any candidate for another

office, and where less than 50% of the page is utilized, the

name of no candidate shall be printed on the lowest 25% of such

page. On the back or outside of the ballot, so as to appear

when folded, shall be printed the words "Official Ballot",

followed by the designation of the polling place for which the

ballot is prepared, the date of the election and a facsimile of

the signature of the election authority who has caused the

ballots to be printed. The ballots shall be of plain white

paper, through which the printing or writing cannot be read.

However, ballots for use at the nonpartisan and consolidated

elections may be printed on different color paper, except blue

paper, whenever necessary or desirable to facilitate

distinguishing between ballots for different political

subdivisions. In the case of nonpartisan elections for

officers of a political subdivision, unless the statute or an

ordinance adopted pursuant to Article VII of the Constitution

providing the form of government therefor requires otherwise,

the column listing such nonpartisan candidates shall be

printed with no appellation or circle at its head. The party

appellation or title, or the word "independent" at the head of

any column provided for independent candidates, shall be

printed in letters not less than one-fourth of an inch in

height and a circle one-half inch in diameter shall be printed

at the beginning of the line in which such appellation or title

is printed, provided, however, that no such circle shall be

printed at the head of any column or columns provided for such

independent candidates. The names of candidates shall be

printed in letters not less than one-eighth nor more than

one-fourth of an inch in height, and at the beginning of each

line in which a name of a candidate is printed a square shall

be printed, the sides of which shall be not less than

one-fourth of an inch in length. However, the names of the

candidates for Governor and Lieutenant Governor on the same

ticket shall be printed within a bracket and a single square

shall be printed in front of the bracket. The list of

candidates of the several parties and any such list of

independent candidates shall be placed in separate columns on

the ballot in such order as the election authorities charged

with the printing of the ballots shall decide; provided, that

the names of the candidates of the several political parties,

certified by the State Board of Elections to the several

county clerks shall be printed by the county clerk of the

proper county on the official ballot in the order certified by

the State Board of Elections. Any county clerk refusing,

neglecting or failing to print on the official ballot the

names of candidates of the several political parties in the

order certified by the State Board of Elections, and any

county clerk who prints or causes to be printed upon the

official ballot the name of a candidate, for an office to be

filled by the Electors of the entire State, whose name has not

been duly certified to him upon a certificate signed by the

State Board of Elections shall be guilty of a Class C

misdemeanor.

(b) When an electronic voting system is used which

utilizes a ballot card, on the inside flap of each ballot card

envelope there shall be printed a form for write-in voting

which shall be substantially as follows:

WRITE-IN VOTES

(See card of instructions for specific information.

Duplicate form below by hand for additional write-in votes.)

.............................

Title of Office

( ) .............................

Name of Candidate

Write-in lines equal to the number of candidates for which

a voter may vote shall be printed for an office only if one or

more persons filed declarations of intent to be write-in

candidates or qualify to file declarations to be write-in

candidates under Sections 17-16.1 and 18-9.1 when the

certification of ballot contains the words "OBJECTION

PENDING".

(c) When an electronic voting system is used which uses a

ballot sheet, the instructions to voters on the ballot sheet

shall refer the voter to the card of instructions for specific

information on write-in voting. Below each office appearing on

such ballot sheet there shall be a provision for the casting of

a write-in vote. Write-in lines equal to the number of

candidates for which a voter may vote shall be printed for an

office only if one or more persons filed declarations of

intent to be write-in candidates or qualify to file

declarations to be write-in candidates under Sections 17-16.1

and 18-9.1 when the certification of ballot contains the words

"OBJECTION PENDING".

(d) When such electronic system is used, there shall be

printed on the back of each ballot card, each ballot card

envelope, and the first page of the ballot label when a ballot

label is used, the words "Official Ballot," followed by the

number of the precinct or other precinct identification, which

may be stamped, in lieu thereof and, as applicable, the number

and name of the township, ward or other election district for

which the ballot card, ballot card envelope, and ballot label

are prepared, the date of the election and a facsimile of the

signature of the election authority who has caused the ballots

to be printed. The back of the ballot card shall also include a

method of identifying the ballot configuration such as a

listing of the political subdivisions and districts for which

votes may be cast on that ballot, or a number code identifying

the ballot configuration or color coded ballots, except that

where there is only one ballot configuration in a precinct,

the precinct identification, and any applicable ward

identification, shall be sufficient. Ballot card envelopes

used in punch card systems shall be of paper through which no

writing or punches may be discerned and shall be of sufficient

length to enclose all voting positions. However, the election

authority may provide ballot card envelopes on which no

precinct number or township, ward or other election district

designation, or election date are preprinted, if space and a

preprinted form are provided below the space provided for the

names of write-in candidates where such information may be

entered by the judges of election. Whenever an election

authority utilizes ballot card envelopes on which the election

date and precinct is not preprinted, a judge of election shall

mark such information for the particular precinct and election

on the envelope in ink before tallying and counting any

write-in vote written thereon. If some method of insuring

ballot secrecy other than an envelope is used, such

information must be provided on the ballot itself.

(e) In the designation of the name of a candidate on the

ballot, the candidate's given name or names, initial or

initials, a nickname by which the candidate is commonly known,

or a combination thereof, may be used in addition to the

candidate's surname. If a candidate has changed his or her

name, whether by a statutory or common law procedure in

Illinois or any other jurisdiction, within 3 years before the

last day for filing the petition for nomination, nomination

papers, or certificate of nomination for that office,

whichever is applicable, then (i) the candidate's name on the

ballot must be followed by "formerly known as (list all prior

names during the 3-year period) until name changed on (list

date of each such name change)" and (ii) the petition, papers,

or certificate must be accompanied by the candidate's

affidavit stating the candidate's previous names during the

period specified in (i) and the date or dates each of those

names was changed; failure to meet these requirements shall be

grounds for denying certification of the candidate's name for

the ballot or removing the candidate's name from the ballot,

as appropriate, but these requirements do not apply to name

changes resulting from adoption to assume an adoptive parent's

or parents' surname, marriage or civil union to assume a

spouse's surname, or dissolution of marriage or civil union or

declaration of invalidity of marriage or civil union to assume

a former surname or a name change that conforms the

candidate's name to his or her gender identity. No other

designation such as a political slogan, title, or degree or

nickname suggesting or implying possession of a title, degree

or professional status, or similar information may be used in

connection with the candidate's surname. For purposes of this

Section, a "political slogan" is defined as any word or words

expressing or connoting a position, opinion, or belief that

the candidate may espouse, including, but not limited to, any

word or words conveying any meaning other than that of the

personal identity of the candidate. A candidate may not use a

political slogan as part of his or her name on the ballot,

notwithstanding that the political slogan may be part of the

candidate's name.

(f) The State Board of Elections, a local election

official, or an election authority shall remove any

candidate's name designation from a ballot that is

inconsistent with subsection (e) of this Section. In addition,

the State Board of Elections, a local election official, or an

election authority shall not certify to any election authority

any candidate name designation that is inconsistent with

subsection (e) of this Section.

(g) If the State Board of Elections, a local election

official, or an election authority removes a candidate's name

designation from a ballot under subsection (f) of this

Section, then the aggrieved candidate may seek appropriate

relief in circuit court.

Where voting machines or electronic voting systems are

used, the provisions of this Section may be modified as

required or authorized by Article 24 or Article 24A, whichever

is applicable.

Nothing in this Section shall prohibit election

authorities from using or reusing ballot card envelopes which

were printed before January 1, 1986 (the effective date of

Public Act 84-820) this amendatory Act of 1985.

(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

(10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)

Sec. 16-5.01. (a) Except as otherwise provided in this

Code, the election authority shall, at least 46 days prior to

the date of any election at which federal officers are elected

and 45 days prior to any other regular election, have a

sufficient number of ballots printed so that such ballots will

be available for mailing 45 days prior to the date of the

election to persons who have filed application for a ballot

under the provisions of Article 20 of this Code Act.

(b) If at any election at which federal offices are

elected or nominated the election authority is unable to

comply with the provisions of subsection (a), the election

authority shall mail to each such person, in lieu of the

ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.

The Special Write-in Vote by Mail Voter's Blank Ballot shall

be used at all elections at which federal officers are elected

or nominated and shall be prepared by the election authority

in substantially the following form:

Special Write-in Vote by Mail Voter's Blank Ballot

(To vote for a person, write the title of the office and

his or her name on the lines provided. Place to the left of and

opposite the title of office a square and place a cross (X) in

the square.)

Title of Office Name of Candidate

( )

( )

( )

( )

( )

( )

The election authority shall send with the Special

Write-in Vote by Mail Voter's Blank Ballot a list of all

referenda for which the voter is qualified to vote and all

candidates for whom nomination papers have been filed and for

whom the voter is qualified to vote. The voter shall be

entitled to write in the name of any candidate seeking

election and any referenda for which he or she is entitled to

vote.

On the back or outside of the ballot, so as to appear when

folded, shall be printed the words "Official Ballot", the date

of the election and a facsimile of the signature of the

election authority who has caused the ballot to be printed.

The provisions of Article 20, insofar as they may be

applicable to the Special Write-in Vote by Mail Voter's Blank

Ballot, shall be applicable herein.

(c) Notwithstanding any provision of this Code or other

law to the contrary, the governing body of a municipality may

adopt, upon submission of a written statement by the

municipality's election authority attesting to the

administrative ability of the election authority to administer

an election using a ranked ballot to the municipality's

governing body, an ordinance requiring, and that

municipality's election authority shall prepare, a ranked vote

by mail ballot for municipal and township office candidates to

be voted on in the consolidated election. This ranked ballot

shall be for use only by a qualified voter who either is a

member of the United States military or will be outside of the

United States on the consolidated primary election day and the

consolidated election day. The ranked ballot shall contain a

list of the titles of all municipal and township offices

potentially contested at both the consolidated primary

election and the consolidated election and the candidates for

each office and shall permit the elector to vote in the

consolidated election by indicating his or her order of

preference for each candidate for each office. To indicate his

or her order of preference for each candidate for each office,

the voter shall put the number one next to the name of the

candidate who is the voter's first choice, the number 2 for his

or her second choice, and so forth so that, in consecutive

numerical order, a number indicating the voter's preference is

written by the voter next to each candidate's name on the

ranked ballot. The voter shall not be required to indicate his

or her preference for more than one candidate on the ranked

ballot. The voter may not cast a write-in vote using the ranked

ballot for the consolidated election. The election authority

shall, if using the ranked vote by mail ballot authorized by

this subsection, also prepare instructions for use of the

ranked ballot. The ranked ballot for the consolidated election

shall be mailed to the voter at the same time that the ballot

for the consolidated primary election is mailed to the voter

and the election authority shall accept the completed ranked

ballot for the consolidated election when the authority

accepts the completed ballot for the consolidated primary

election.

The voter shall also be sent a vote by mail ballot for the

consolidated election for those races that are not related to

the results of the consolidated primary election as soon as

the consolidated election ballot is certified.

The State Board of Elections shall adopt rules for

election authorities for the implementation of this

subsection, including, but not limited to, the application for

and counting of ranked ballots.

(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

Section 45. The Disaster Relief Act is amended by changing

Section 1 as follows:

(15 ILCS 30/1) (from Ch. 127, par. 293.1)

Sec. 1. As used in this Act:

"Disaster" has shall have the same meaning as provided in

Section 4 of the Illinois Emergency Management Agency Act.

"Disaster area" means the area directly affected by or

threatened with a disaster.

(Source: P.A. 102-955, eff. 1-1-23; revised 12-8-22.)

Section 50. The Governor's Office of New Americans Act is

amended by changing Section 10 as follows:

(15 ILCS 55/10)

Sec. 10. State agency New American Americans Plans. Each

State agency under the jurisdiction of the Governor shall

develop a New American Plan that incorporates effective

training and resources, ensures language access and culturally

appropriate services, and includes administrative practices

that reach out to and reflect the needs of the immigrant

refugees. Each State agency under the jurisdiction of the

Governor shall integrate guidance and recommendations made by

the Governor's Office of New Americans statewide plan. Agency

plans shall be submitted to the Governor's Office of New

Americans for approval.

(Source: P.A. 102-1054, eff. 1-1-23; revised 12-8-22.)

Section 55. The State Treasurer Act is amended by changing

Section 20 as follows:

(15 ILCS 505/20)

Sec. 20. State Treasurer administrative charge. The State

Treasurer may retain an administrative charge for both the

costs of services associated with the deposit of moneys that

are remitted directly to the State Treasurer and the

investment or safekeeping of funds by the State Treasurer. The

administrative charges collected under this Section shall be

deposited into the State Treasurer's Administrative Fund. The

amount of the administrative charges may be determined by the

State Treasurer. Administrative charges from the deposit of

moneys remitted directly to the State Treasurer shall not

exceed 2% of the amount deposited. Administrative charges from

the investment or safekeeping of funds by the State Treasurer

shall be charged no more than monthly and the total amount

charged per fiscal year shall not exceed $12,000,000 plus any

amounts required as employer contributions under Section

14-131 of the Illinois Pension Code and Section 10 of the State

Employees Group Insurance Act of 1971.

Administrative charges for the deposit of moneys shall

apply to fines, fees, or other amounts remitted directly to

the State Treasurer by circuit clerks, county clerks, and

other entities for deposit into a fund in the State treasury.

Administrative charges for the deposit of moneys do not apply

to amounts remitted by State agencies or certified collection

specialists as defined in 74 Ill. Adm. Admin. Code 1200.50.

Administrative charges for the deposit of moneys shall apply

only to any form of fines, fees, or other collections created

on or after August 15, 2014 (the effective date of Public Act

98-965).

Moneys in the State Treasurer's Administrative Fund are

subject to appropriation by the General Assembly.

(Source: P.A. 100-587, eff. 6-4-18; revised 2-28-22.)

Section 60. The Data Governance and Organization to

Support Equity and Racial Justice Act is amended by changing

Section 20-15 as follows:

(20 ILCS 65/20-15)

Sec. 20-15. Data Governance and Organization to Support

Equity and Racial Justice.

(a) On or before July 1, 2022 and each July 1 thereafter,

the Board and the Department shall report statistical data on

the racial, ethnic, age, sex, disability status, sexual

orientation, gender identity, and primary or preferred

language demographics of program participants for each major

program administered by the Board or the Department. Except as

provided in subsection (b), when reporting the data required

under this Section, the Board or the Department shall use the

same racial and ethnic classifications for each program, which

shall include, but not be limited to, the following:

(1) American Indian and Alaska Native alone.

(2) Asian alone.

(3) Black or African American alone.

(4) Hispanic or Latino of any race.

(5) Native Hawaiian and Other Pacific Islander alone.

(6) White alone.

(7) Some other race alone.

(8) Two or more races.

The Board and the Department may further define, by rule,

the racial and ethnic classifications, including, if

necessary, a classification of "No Race Specified".

(b) (c) If a program administered by the Board or the

Department is subject to federal reporting requirements that

include the collection and public reporting of statistical

data on the racial and ethnic demographics of program

participants, the Department may maintain the same racial and

ethnic classifications used under the federal requirements if

such classifications differ from the classifications listed in

subsection (a).

(c) (d) The Department of Innovation and Technology shall

assist the Board and the Department by establishing common

technological processes and procedures for the Board and the

Department to:

(1) Catalog data.

(2) Identify similar fields in datasets.

(3) Manage data requests.

(4) Share data.

(5) Collect data.

(6) Improve and clean data.

(7) Match data across the Board and Departments.

(8) Develop research and analytic agendas.

(9) Report on program participation disaggregated by

race and ethnicity.

(10) Evaluate equitable outcomes for underserved

populations in Illinois.

(11) Define common roles for data management.

(12) Ensure that all major programs can report

disaggregated data by race, ethnicity, age, sex,

disability status, sexual orientation, and gender

identity, and primary or preferred language.

The Board and the Department shall use the common

technological processes and procedures established by the

Department of Innovation and Technology.

(d) (e) If the Board or the Department is unable to begin

reporting the data required by subsection (a) by July 1, 2022,

the Board or the Department shall state the reasons for the

delay under the reporting requirements.

(e) (f) By no later than March 31, 2022, the Board and the

Department shall provide a progress report to the General

Assembly to disclose: (i) the programs and datasets that have

been cataloged for which race, ethnicity, age, sex, disability

status, sexual orientation, gender identity, and primary or

preferred language have been standardized; and (ii) to the

extent possible, the datasets and programs that are

outstanding for each agency and the datasets that are planned

for the upcoming year. On or before March 31, 2023, and each

year thereafter, the Board and the Department Departments

shall provide an updated report to the General Assembly.

(f) (g) By no later than October 31, 2021, the Governor's

Office shall provide a plan to establish processes for input

from the Board and the Department into processes outlined in

subsection (c) (b). The plan shall incorporate ongoing efforts

at data interoperability within the Department and the

governance established to support the P-20 Longitudinal

Education Data System enacted by Public Act 96-107.

(g) (h) Nothing in this Section shall be construed to

limit the rights granted to individuals or data sharing

protections established under existing State and federal data

privacy and security laws.

(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21;

revised 2-4-23.)

Section 65. The Children and Family Services Act is

amended by setting forth and renumbering multiple versions of

Sections 5.26 and 5.46 and by changing Sections 7.4, 8, and

35.10 as follows:

(20 ILCS 505/5.26)

Sec. 5.26. Foster children; exit interviews.

(a) Unless clinically contraindicated, the Department

shall ensure that an exit interview is conducted with every

child age 5 and over who leaves a foster home.

(1) The interview shall be conducted by a caseworker,

mental health provider, or clinician from the Department's

Division of Clinical Practice.

(2) The interview shall be conducted within 5 days of

the child's removal from the home.

(3) The interviewer shall comply with the provisions

of the Abused and Neglected Child Reporting Act if the

child discloses abuse or neglect as defined by that Act.

(4) The interviewer shall immediately inform the

licensing agency if the child discloses any information

that would constitute a potential licensing violation.

(5) Documentation of the interview shall be (i)

maintained in the foster parent's licensing file, (ii)

maintained in the child's case file, (iii) included in the

service plan for the child, and (iv) and provided to the

child's guardian ad litem and attorney appointed under

Section 2-17 of the Juvenile Court Act of 1987.

(6) The determination that an interview in compliance

with this Section is clinically contraindicated shall be

made by the caseworker, in consultation with the child's

mental health provider, if any, and the caseworker's

supervisor. If the child does not have a mental health

provider, the caseworker shall request a consultation with

the Department's Division of Clinical Practice regarding

whether an interview is clinically contraindicated. The

decision and the basis for the decision shall be

documented in writing and shall be (i) maintained in the

foster parent's licensing file, (ii) maintained in the

child's case file, and (iii) attached as part of the

service plan for the child.

(7) The information gathered during the interview

shall be dependent on the age and maturity of the child and

the circumstances of the child's removal. The

interviewer's observations and any information relevant to

understanding the child's responses shall be recorded on

the interview form. At a minimum, the interview shall

address the following areas:

(A) How the child's basic needs were met in the

home: who prepared food and was there sufficient food;

whether the child had appropriate clothing; sleeping

arrangements; supervision appropriate to the child's

age and special needs; was the child enrolled in

school; and did the child receive the support needed

to complete his or her school work.

(B) Access to caseworker, therapist, or guardian

ad litem: whether the child was able to contact these

professionals and how.

(C) Safety and comfort in the home: how did the

child feel in the home; was the foster parent

affirming of the child's identity; did anything happen

that made the child happy; did anything happen that

was scary or sad; what happened when the child did

something he or she should not have done; if relevant,

how does the child think the foster parent felt about

the child's family of origin, including parents and

siblings; and was the foster parent supportive of the

permanency goal.

(D) Normalcy: whether the child felt included in

the family; whether the child participated in

extracurricular activities; whether the foster parent

participated in planning for the child, including

child and family team meetings and school meetings.

(b) The Department shall develop procedures, including an

interview form, no later than January 1, 2023, to implement

this Section.

(c) Beginning July 1, 2023 and quarterly thereafter, the

Department shall post on its webpage a report summarizing the

details of the exit interviews.

(Source: P.A. 102-763, eff. 1-1-23; revised 12-19-22.)

(20 ILCS 505/5.27)

(Section scheduled to be repealed on January 1, 2026)

Sec. 5.27 5.26. Holistic Mental Health Care for Youth in

Care Task Force.

(a) The Holistic Mental Health Care for Youth in Care Task

Force is created. The Task Force shall review and make

recommendations regarding mental health and wellness services

provided to youth in care, including a program of holistic

mental health services provided 30 days after the date upon

which a youth is placed in foster care, in order to determine

how to best meet the mental health needs of youth in care.

Additionally, the Task Force shall:

(1) assess the capacity of State licensed mental

health professionals to provide preventive mental health

care to youth in care;

(2) review the current payment rates for mental health

providers serving the youth in care population;

(3) evaluate the process for smaller private practices

and agencies to bill through managed care, evaluate

delayed payments to mental health providers, and recommend

improvements to make billing practices more efficient;

(4) evaluate the recruitment and retention of mental

health providers who are persons of color to serve the

youth in care population; and

(5) any other relevant subject and processes as deemed

necessary by the Task Force.

(b) The Task Force shall have 9 members, comprised as

follows:

(1) The Director of Healthcare and Family Services or

the Director's designee.

(2) The Director of Children and Family Services or

the Director's designee.

(3) A member appointed by the Governor from the Office

of the Governor who has a focus on mental health issues.

(4) Two members from the House of Representatives,

appointed one each by the Speaker of the House of

Representatives and the Minority Leader of the House of

Representatives.

(5) Two members of the Senate, appointed one each by

the President of the Senate and the Minority Leader of the

Senate.

(6) One member who is a former youth in care,

appointed by the Governor.

(7) One representative from the managed care entity

managing the YouthCare program, appointed by the Director

of Healthcare and Family Services.

Task Force members shall serve without compensation but

may be reimbursed for necessary expenses incurred in the

performance of their duties.

(c) The Task Force shall meet at least once each month

beginning no later than July 1, 2022 and at other times as

determined by the Task Force. The Task Force may hold

electronic meetings and a member of the Task Force shall be

deemed present for the purposes of establishing a quorum and

voting.

(d) The Department of Healthcare and Family Services, in

conjunction with the Department of Children and Family

Services, shall provide administrative and other support to

the Task Force.

(e) The Task Force shall prepare and submit to the

Governor and the General Assembly at the end of each quarter a

report that summarizes its work and makes recommendations

resulting from its study. The Task Force shall submit its

final report to the Governor and the General Assembly no later

than December 31, 2024. Upon submission of its final report,

the Task Force is dissolved.

(f) This Section is repealed on January 1, 2026.

(Source: P.A. 102-898, eff. 5-25-22; revised 7-26-22.)

(20 ILCS 505/5.46)

Sec. 5.46. Application for Social Security benefits,

Supplemental Security Income, Veterans benefits, and Railroad

Retirement benefits.

(a) Definitions. As used in this Section:

"Benefits" means Social Security benefits, Supplemental

Security Income, Veterans benefits, and Railroad Retirement

benefits.

"Youth's attorney and guardian ad litem" means the person

appointed as the youth's attorney or guardian ad litem in

accordance with the Juvenile Court Act of 1987 in the

proceeding in which the Department is appointed as the youth's

guardian or custodian.

(b) Application for benefits.

(1) Upon receiving temporary custody or guardianship

of a youth in care, the Department shall assess the youth

to determine whether the youth may be eligible for

benefits. If, after the assessment, the Department

determines that the youth may be eligible for benefits,

the Department shall ensure that an application is filed

on behalf of the youth. The Department shall prescribe by

rule how it will review cases of youth in care at regular

intervals to determine whether the youth may have become

eligible for benefits after the initial assessment. The

Department shall make reasonable efforts to encourage

youth in care over the age of 18 who are likely eligible

for benefits to cooperate with the application process and

to assist youth with the application process.

(2) When applying for benefits under this Section for

a youth in care the Department shall identify a

representative payee in accordance with the requirements

of 20 CFR 404.2021 and 416.621. If the Department is

seeking to be appointed as the youth's representative

payee, the Department must consider input, if provided,

from the youth's attorney and guardian ad litem regarding

whether another representative payee, consistent with the

requirements of 20 CFR 404.2021 and 416.621, is available.

If the Department serves as the representative payee for a

youth over the age of 18, the Department shall request a

court order, as described in subparagraph (C) of paragraph

(1) of subsection (d) and in subparagraph (C) of paragraph

(2) of subsection (d).

(c) Notifications. The Department shall immediately notify

a youth over the age of 16, the youth's attorney and guardian

ad litem, and the youth's parent or legal guardian or another

responsible adult of:

(1) any application for or any application to become

representative payee for benefits on behalf of a youth in

care;

(2) any communications from the Social Security

Administration, the U.S. Department of Veterans Affairs,

or the Railroad Retirement Board pertaining to the

acceptance or denial of benefits or the selection of a

representative payee; and

(3) any appeal or other action requested by the

Department regarding an application for benefits.

(d) Use of benefits. Consistent with federal law, when the

Department serves as the representative payee for a youth

receiving benefits and receives benefits on the youth's

behalf, the Department shall:

(1) Beginning January 1, 2023, ensure that when the

youth attains the age of 14 years and until the Department

no longer serves as the representative payee, a minimum

percentage of the youth's Supplemental Security Income

benefits are conserved in accordance with paragraph (4) as

follows:

(A) From the age of 14 through age 15, at least

40%.

(B) From the age of 16 through age 17, at least

80%.

(C) From the age of 18 through 20, 100%, when a

court order has been entered expressly allowing the

Department to have the authority to establish and

serve as an authorized agent of the youth over the age

of 18 with respect to an account established in

accordance with paragraph (4).

(2) Beginning January 1, 2024, ensure that when the

youth attains the age of 14 years and until the Department

no longer serves as the representative payee a minimum

percentage of the youth's Social Security benefits,

Veterans benefits, or Railroad Retirement benefits are

conserved in accordance with paragraph (4) as follows:

(A) From the age of 14 through age 15, at least

40%.

(B) From the age of 16 through age 17, at least

80%.

(C) From the age of 18 through 20, 100%, when a

court order has been entered expressly allowing the

Department to have the authority to establish and

serve as an authorized agent of the youth over the age

of 18 with respect to an account established in

accordance with paragraph (4).

(3) Exercise discretion in accordance with federal law

and in the best interests of the youth when making

decisions to use or conserve the youth's benefits that are

less than or not subject to asset or resource limits under

federal law, including using the benefits to address the

youth's special needs and conserving the benefits for the

youth's reasonably foreseeable future needs.

(4) Appropriately monitor any federal asset or

resource limits for the benefits and ensure that the

youth's best interest is served by using or conserving the

benefits in a way that avoids violating any federal asset

or resource limits that would affect the youth's

eligibility to receive the benefits, including:

(A) applying to the Social Security Administration

to establish a Plan to Achieve Self-Support (PASS)

Account for the youth under the Social Security Act

and determining whether it is in the best interest of

the youth to conserve all or parts of the benefits in

the PASS account;

(B) establishing a 529 plan for the youth and

conserving the youth's benefits in that account in a

manner that appropriately avoids any federal asset or

resource limits;

(C) establishing an Individual Development Account

for the youth and conserving the youth's benefits in

that account in a manner that appropriately avoids any

federal asset or resource limits;

(D) establishing an ABLE account authorized by

Section 529A of the Internal Revenue Code of 1986, for

the youth and conserving the youth's benefits in that

account in a manner that appropriately avoids any

federal asset or resource limits;

(E) establishing a Social Security Plan to Achieve

Self-Support account for the youth and conserving the

youth's benefits in a manner that appropriately avoids

any federal asset or resource limits;

(F) establishing a special needs trust for the

youth and conserving the youth's benefits in the trust

in a manner that is consistent with federal

requirements for special needs trusts and that

appropriately avoids any federal asset or resource

limits;

(G) if the Department determines that using the

benefits for services for current special needs not

already provided by the Department is in the best

interest of the youth, using the benefits for those

services;

(H) if federal law requires certain back payments

of benefits to be placed in a dedicated account,

complying with the requirements for dedicated accounts

under 20 CFR 416.640(e); and

(I) applying any other exclusions from federal

asset or resource limits available under federal law

and using or conserving the youth's benefits in a

manner that appropriately avoids any federal asset or

resource limits.

(e) By July 1, 2024, the Department shall provide a report

to the General Assembly regarding youth in care who receive

benefits who are not subject to this Act. The report shall

discuss a goal of expanding conservation of children's

benefits to all benefits of all children of any age for whom

the Department serves as representative payee. The report

shall include a description of any identified obstacles, steps

to be taken to address the obstacles, and a description of any

need for statutory, rule, or procedural changes.

(f) Accounting. The Department shall provide an annual

accounting to the youth's attorney and guardian ad litem of

how the youth's benefits have been used and conserved. In

addition, within 10 business days of a request from a youth or

the youth's attorney and guardian ad litem, the Department

shall provide an accounting to the youth of how the youth's

benefits have been used and conserved. The accounting shall

include:

(1) The amount of benefits received on the youth's

behalf since the most recent accounting and the date the

benefits were received.

(2) Information regarding the youth's benefits and

resources, including the youth's benefits, insurance, cash

assets, trust accounts, earnings, and other resources.

(3) An accounting of the disbursement of benefit

funds, including the date, amount, identification of

payee, and purpose.

(4) Information regarding each request by the youth,

the youth's attorney and guardian ad litem, or the youth's

caregiver for disbursement of funds and a statement

regarding the reason for not granting the request if the

request was denied.

When the Department's guardianship of the youth is being

terminated, the Department shall provide (i) a final

accounting to the Social Security Administration, to the

youth's attorney and guardian ad litem, and to either the

person or persons who will assume guardianship of the youth or

who is in the process of adopting the youth, if the youth is

under 18, or to the youth, if the youth is over 18 and (ii)

information to the parent, guardian, or youth regarding how to

apply to become the representative payee. The Department shall

adopt rules to ensure that the representative payee

transitions occur in a timely and appropriate manner.

(g) Financial literacy. The Department shall provide the

youth with financial literacy training and support, including

specific information regarding the existence, availability,

and use of funds conserved for the youth in accordance with

this subsection, beginning by age 14. The literacy program and

support services shall be developed in consultation with input

from the Department's Statewide Youth Advisory Board.

(h) Adoption of rules. The Department shall adopt rules to

implement the provisions of this Section by January 1, 2023.

(i) Reporting. No later than February 28, 2023, the

Department shall file a report with the General Assembly

providing the following information for State Fiscal Years

2019, 2020, 2021, and 2022 and annually beginning February 28,

2023, for the preceding fiscal year:

(1) The number of youth entering care.

(2) The number of youth entering care receiving each

of the following types of benefits: Social Security

benefits, Supplemental Security Income, Veterans benefits,

Railroad Retirement benefits.

(3) The number of youth entering care for whom the

Department filed an application for each of the following

types of benefits: Social Security benefits, Supplemental

Security Income, Veterans benefits, Railroad Retirement

benefits.

(4) The number of youth entering care who were awarded

each of the following types of benefits based on an

application filed by the Department: Social Security

benefits, Supplemental Security Income, Veterans benefits,

Railroad Retirement benefits.

(j) Annually beginning December 31, 2023, the Department

shall file a report with the General Assembly with the

following information regarding the preceding fiscal year:

(1) the number of conserved accounts established and

maintained for youth in care;

(2) the average amount conserved by age group; and

(3) the total amount conserved by age group.

(Source: P.A. 102-1014, eff. 5-27-22.)

(20 ILCS 505/5.47)

Sec. 5.47 5.46. Extended Family Support Pilot Program. The

Department may consult with independent partners to review

Extended Family Support Program services and advise if

additional services are needed prior to the start of the pilot

program required under this Section. Beginning January 1,

2023, the Department shall implement a 3-year pilot program of

additional resources for families receiving Extended Family

Support Program services from the Department for the purpose

of supporting relative caregivers. These resources may

include, but are not limited to: (i) wraparound case

management services, (ii) home visiting services for

caregivers with children under the age of 5, and (iii) parent

mentors for caregivers with children over the age of 3.

The services for the Extended Family Support Program are

expanded given the program's inclusion in the Family First

Prevention Services Act's targeted populations. Other target

populations include intact families, pregnant and parenting

youth, reunification within 6 months, and post adoption and

subsidized guardianship. Inclusion provides the array of

evidence-based interventions included within the State's

Family First Prevention Services plan. Funding through Title

IV-E of the Social Security Act shall be spent on services to

prevent children and youth who are candidates for foster care

from coming into care and allow them to remain with their

families. Given the inclusion of the Extended Family Support

Program in the Family First Prevention Services Act, the

program is a part of the independent evaluation of Family

First Prevention Services. This includes tracking deflection

from foster care.

The resources provided by the pilot program are voluntary

and refusing such resources shall not be used as evidence of

neglect of a child.

The Department shall arrange for an independent evaluation

of the pilot program to determine whether the pilot program is

successfully supporting families receiving Extended Family

Support Program services or Family First Prevention Program

services and preventing entrance into the foster care system.

This evaluation will support determining whether there is a

long-term cost benefit to continuing the pilot program.

At the end of the 3-year pilot program, the Department

shall submit a report to the General Assembly with its

findings of the evaluation. The report shall state whether the

Department intends to continue the pilot program and the

rationale for its decision.

The Department may adopt rules and procedures to implement

and administer this Section.

(Source: P.A. 102-1029, eff. 5-27-22; revised 7-26-22.)

(20 ILCS 505/7.4)

Sec. 7.4. Development and preservation of sibling

relationships for children in care; placement of siblings;

contact among siblings placed apart.

(a) Purpose and policy. The General Assembly recognizes

that sibling relationships are unique and essential for a

person, but even more so for children who are removed from the

care of their families and placed in the State child welfare

system. When family separation occurs through State

intervention, every effort must be made to preserve, support

and nurture sibling relationships when doing so is in the best

interest of each sibling. It is in the interests of foster

children who are part of a sibling group to enjoy contact with

one another, as long as the contact is in each child's best

interest. This is true both while the siblings are in State

care and after one or all of the siblings leave State care

through adoption, guardianship, or aging out.

(b) Definitions. For purposes of this Section:

(1) Whenever a best interest determination is required

by this Section, the Department shall consider the factors

set out in subsection (4.05) of Section 1-3 of the

Juvenile Court Act of 1987 and the Department's rules

regarding Sibling Placement, 89 Ill. Adm. 111. Admin. Code

301.70 and Sibling Visitation, 89 Ill. Adm. 111. Admin.

Code 301.220, and the Department's rules regarding

Placement Selection Criteria, 89 Ill. Adm. 111. Admin.

Code 301.60.

(2) "Adopted child" means a child who, immediately

preceding the adoption, was in the custody or guardianship

of the Illinois Department of Children and Family Services

under Article II of the Juvenile Court Act of 1987.

(3) "Adoptive parent" means a person who has become a

parent through the legal process of adoption.

(4) "Child" means a person in the temporary custody or

guardianship of the Department who is under the age of 21.

(5) "Child placed in private guardianship" means a

child who, immediately preceding the guardianship, was in

the custody or guardianship of the Illinois Department of

Children and Family Services under Article II of the

Juvenile Court Act.

(6) "Contact" may include, but is not limited to

visits, telephone calls, letters, sharing of photographs

or information, e-mails, video conferencing, and other

form of communication or contact.

(7) "Legal guardian" means a person who has become the

legal guardian of a child who, immediately prior to the

guardianship, was in the custody or guardianship of the

Illinois Department of Children and Family Services under

Article II of the Juvenile Court Act of 1987.

(8) "Parent" means the child's mother or father who is

named as the respondent in proceedings conducted under

Article II of the Juvenile Court Act of 1987.

(9) "Post Permanency Sibling Contact" means contact

between siblings following the entry of a Judgment Order

for Adoption under Section 14 of the Adoption Act

regarding at least one sibling or an Order for

Guardianship appointing a private guardian under Section

2-27 or the Juvenile Court Act of 1987, regarding at least

one sibling. Post Permanency Sibling Contact may include,

but is not limited to, visits, telephone calls, letters,

sharing of photographs or information, emails, video

conferencing, and other form of communication or

connection agreed to by the parties to a Post Permanency

Sibling Contact Agreement.

(10) "Post Permanency Sibling Contact Agreement" means

a written agreement between the adoptive parent or

parents, the child, and the child's sibling regarding post

permanency contact between the adopted child and the

child's sibling, or a written agreement between the legal

guardians, the child, and the child's sibling regarding

post permanency contact between the child placed in

guardianship and the child's sibling. The Post Permanency

Sibling Contact Agreement may specify the nature and

frequency of contact between the adopted child or child

placed in guardianship and the child's sibling following

the entry of the Judgment Order for Adoption or Order for

Private Guardianship. The Post Permanency Sibling Contact

Agreement may be supported by services as specified in

this Section. The Post Permanency Sibling Contact

Agreement is voluntary on the part of the parties to the

Post Permanency Sibling Contact Agreement and is not a

requirement for finalization of the child's adoption or

guardianship. The Post Permanency Sibling Contract

Agreement shall not be enforceable in any court of law or

administrative forum and no cause of action shall be

brought to enforce the Agreement. When entered into, the

Post Permanency Sibling Contact Agreement shall be placed

in the child's Post Adoption or Guardianship case record

and in the case file of a sibling who is a party to the

agreement and who remains in the Department's custody or

guardianship.

(11) "Sibling Contact Support Plan" means a written

document that sets forth the plan for future contact

between siblings who are in the Department's care and

custody and residing separately. The goal of the Support

Plan is to develop or preserve and nurture the siblings'

relationships. The Support Plan shall set forth the role

of the foster parents, caregivers, and others in

implementing the Support Plan. The Support Plan must meet

the minimum standards regarding frequency of in-person

visits provided for in Department rule.

(12) "Siblings" means children who share at least one

parent in common. This definition of siblings applies

solely for purposes of placement and contact under this

Section. For purposes of this Section, children who share

at least one parent in common continue to be siblings

after their parent's parental rights are terminated, if

parental rights were terminated while a petition under

Article II of the Juvenile Court Act of 1987 was pending.

For purposes of this Section, children who share at least

one parent in common continue to be siblings after a

sibling is adopted or placed in private guardianship when

the adopted child or child placed in private guardianship

was in the Department's custody or guardianship under

Article II of the Juvenile Court Act of 1987 immediately

prior to the adoption or private guardianship. For

children who have been in the guardianship of the

Department under Article II of the Juvenile Court Act of

1987, have been adopted, and are subsequently returned to

the temporary custody or guardianship of the Department

under Article II of the Juvenile Court Act of 1987,

"siblings" includes a person who would have been

considered a sibling prior to the adoption and siblings

through adoption.

(c) No later than January 1, 2013, the Department shall

promulgate rules addressing the development and preservation

of sibling relationships. The rules shall address, at a

minimum:

(1) Recruitment, licensing, and support of foster

parents willing and capable of either fostering sibling

groups or supporting and being actively involved in

planning and executing sibling contact for siblings placed

apart. The rules shall address training for foster

parents, licensing workers, placement workers, and others

as deemed necessary.

(2) Placement selection for children who are separated

from their siblings and how to best promote placements of

children with foster parents or programs that can meet the

children's needs, including the need to develop and

maintain contact with siblings.

(3) State-supported guidance to siblings who have aged

out of state care regarding positive engagement with

siblings.

(4) Implementation of Post Permanency Sibling Contact

Agreements for children exiting State care, including

services offered by the Department to encourage and assist

parties in developing agreements, services offered by the

Department post permanency to support parties in

implementing and maintaining agreements, and including

services offered by the Department post permanency to

assist parties in amending agreements as necessary to meet

the needs of the children.

(5) Services offered by the Department for children

who exited foster care prior to the availability of Post

Permanency Sibling Contact Agreements, to invite willing

parties to participate in a facilitated discussion,

including, but not limited to, a mediation or joint team

decision-making meeting, to explore sibling contact.

(d) The Department shall develop a form to be provided to

youth entering care and exiting care explaining their rights

and responsibilities related to sibling visitation while in

care and post permanency.

(e) Whenever a child enters care or requires a new

placement, the Department shall consider the development and

preservation of sibling relationships.

(1) This subsection applies when a child entering care

or requiring a change of placement has siblings who are in

the custody or guardianship of the Department. When a

child enters care or requires a new placement, the

Department shall examine its files and other available

resources and determine whether a sibling of that child is

in the custody or guardianship of the Department. If the

Department determines that a sibling is in its custody or

guardianship, the Department shall then determine whether

it is in the best interests of each of the siblings for the

child needing placement to be placed with the sibling. If

the Department determines that it is in the best interest

of each sibling to be placed together, and the sibling's

foster parent is able and willing to care for the child

needing placement, the Department shall place the child

needing placement with the sibling. A determination that

it is not in a child's best interest to be placed with a

sibling shall be made in accordance with Department rules,

and documented in the file of each sibling.

(2) This subsection applies when a child who is

entering care has siblings who have been adopted or placed

in private guardianship. When a child enters care, the

Department shall examine its files and other available

resources, including consulting with the child's parents,

to determine whether a sibling of the child was adopted or

placed in private guardianship from State care. The

Department shall determine, in consultation with the

child's parents, whether it would be in the child's best

interests to explore placement with the adopted sibling or

sibling in guardianship. Unless the parent objects, if the

Department determines it is in the child's best interest

to explore the placement, the Department shall contact the

adoptive parents or guardians of the sibling, determine

whether they are willing to be considered as placement

resources for the child, and, if so, determine whether it

is in the best interests of the child to be placed in the

home with the sibling. If the Department determines that

it is in the child's best interests to be placed in the

home with the sibling, and the sibling's adoptive parents

or guardians are willing and capable, the Department shall

make the placement. A determination that it is not in a

child's best interest to be placed with a sibling shall be

made in accordance with Department rule, and documented in

the child's file.

(3) This subsection applies when a child in Department

custody or guardianship requires a change of placement,

and the child has siblings who have been adopted or placed

in private guardianship. When a child in care requires a

new placement, the Department may consider placing the

child with the adoptive parent or guardian of a sibling

under the same procedures and standards set forth in

paragraph (2) of this subsection.

(4) When the Department determines it is not in the

best interest of one or more siblings to be placed

together the Department shall ensure that the child

requiring placement is placed in a home or program where

the caregiver is willing and able to be actively involved

in supporting the sibling relationship to the extent doing

so is in the child's best interest.

(f) When siblings in care are placed in separate

placements, the Department shall develop a Sibling Contact

Support Plan. The Department shall convene a meeting to

develop the Support Plan. The meeting shall include, at a

minimum, the case managers for the siblings, the foster

parents or other care providers if a child is in a non-foster

home placement and the child, when developmentally and

clinically appropriate. The Department shall make all

reasonable efforts to promote the participation of the foster

parents. Parents whose parental rights are intact shall be

invited to the meeting. Others, such as therapists and

mentors, shall be invited as appropriate. The Support Plan

shall set forth future contact and visits between the siblings

to develop or preserve, and nurture the siblings'

relationships. The Support Plan shall set forth the role of

the foster parents and caregivers and others in implementing

the Support Plan. The Support Plan must meet the minimum

standards regarding frequency of in-person visits provided for

in Department rule. The Support Plan will be incorporated in

the child's service plan and reviewed at each administrative

case review. The Support Plan should be modified if one of the

children moves to a new placement, or as necessary to meet the

needs of the children. The Sibling Contact Support Plan for a

child in care may include siblings who are not in the care of

the Department, with the consent and participation of that

child's parent or guardian.

(g) By January 1, 2013, the Department shall develop a

registry so that placement information regarding adopted

siblings and siblings in private guardianship is readily

available to Department and private agency caseworkers

responsible for placing children in the Department's care.

When a child is adopted or placed in private guardianship from

foster care the Department shall inform the adoptive parents

or guardians that they may be contacted in the future

regarding placement of or contact with siblings subsequently

requiring placement.

(h) When a child is in need of an adoptive placement, the

Department shall examine its files and other available

resources and attempt to determine whether a sibling of the

child has been adopted or placed in private guardianship after

being in the Department's custody or guardianship. If the

Department determines that a sibling of the child has been

adopted or placed in private guardianship, the Department

shall make a good faith effort to locate the adoptive parents

or guardians of the sibling and inform them of the

availability of the child for adoption. The Department may

determine not to inform the adoptive parents or guardians of a

sibling of a child that the child is available for adoption

only for a reason permitted under criteria adopted by the

Department by rule, and documented in the child's case file.

If a child available for adoption has a sibling who has been

adopted or placed in guardianship, and the adoptive parents or

guardians of that sibling apply to adopt the child, the

Department shall consider them as adoptive applicants for the

adoption of the child. The Department's final decision as to

whether it will consent to the adoptive parents or guardians

of a sibling being the adoptive parents of the child shall be

based upon the welfare and best interest of the child. In

arriving at its decision, the Department shall consider all

relevant factors, including, but not limited to:

(1) the wishes of the child;

(2) the interaction and interrelationship of the child

with the applicant to adopt the child;

(3) the child's need for stability and continuity of

relationship with parent figures;

(4) the child's adjustment to his or her present home,

school, and community;

(5) the mental and physical health of all individuals

involved;

(6) the family ties between the child and the child's

relatives, including siblings;

(7) the background, age, and living arrangements of

the applicant to adopt the child;

(8) a criminal background report of the applicant to

adopt the child.

If placement of the child available for adoption with the

adopted sibling or sibling in private guardianship is not

feasible, but it is in the child's best interest to develop a

relationship with his or her sibling, the Department shall

invite the adoptive parents, guardian, or guardians for a

mediation or joint team decision-making meeting to facilitate

a discussion regarding future sibling contact.

(i) Post Permanency Sibling Contact Agreement. When a

child in the Department's care has a permanency goal of

adoption or private guardianship, and the Department is

preparing to finalize the adoption or guardianship, the

Department shall convene a meeting with the pre-adoptive

parent or prospective guardian and the case manager for the

child being adopted or placed in guardianship and the foster

parents and case managers for the child's siblings, and others

as applicable. The children should participate as is

developmentally appropriate. Others, such as therapists and

mentors, may participate as appropriate. At the meeting the

Department shall encourage the parties to discuss sibling

contact post permanency. The Department may assist the parties

in drafting a Post Permanency Sibling Contact Agreement.

(1) Parties to the Post Permanency Sibling Contact

Agreement shall include:

(A) The adoptive parent or parents or guardian.

(B) The child's sibling or siblings, parents or

guardians.

(C) The child.

(2) Consent of child 14 and over. The written consent

of a child age 14 and over to the terms and conditions of

the Post Permanency Sibling Contact Agreement and

subsequent modifications is required.

(3) In developing this Agreement, the Department shall

encourage the parties to consider the following factors:

(A) the physical and emotional safety and welfare

of the child;

(B) the child's wishes;

(C) the interaction and interrelationship of the

child with the child's sibling or siblings who would

be visiting or communicating with the child,

including:

(i) the quality of the relationship between

the child and the sibling or siblings, and

(ii) the benefits and potential harms to the

child in allowing the relationship or

relationships to continue or in ending them;

(D) the child's sense of attachments to the birth

sibling or siblings and adoptive family, including:

(i) the child's sense of being valued;

(ii) the child's sense of familiarity; and

(iii) continuity of affection for the child;

and

(E) other factors relevant to the best interest of

the child.

(4) In considering the factors in paragraph (3) of

this subsection, the Department shall encourage the

parties to recognize the importance to a child of

developing a relationship with siblings including siblings

with whom the child does not yet have a relationship; and

the value of preserving family ties between the child and

the child's siblings, including:

(A) the child's need for stability and continuity

of relationships with siblings, and

(B) the importance of sibling contact in the

development of the child's identity.

(5) Modification or termination of Post Permanency

Sibling Contact Agreement. The parties to the agreement

may modify or terminate the Post Permanency Sibling

Contact Agreement. If the parties cannot agree to

modification or termination, they may request the

assistance of the Department of Children and Family

Services or another agency identified and agreed upon by

the parties to the Post Permanency Sibling Contact

Agreement. Any and all terms may be modified by agreement

of the parties. Post Permanency Sibling Contact Agreements

may also be modified to include contact with siblings

whose whereabouts were unknown or who had not yet been

born when the Judgment Order for Adoption or Order for

Private Guardianship was entered.

(6) Adoptions and private guardianships finalized

prior to the effective date of amendatory Act. Nothing in

this Section prohibits the parties from entering into a

Post Permanency Sibling Contact Agreement if the adoption

or private guardianship was finalized prior to the

effective date of this Section. If the Agreement is

completed and signed by the parties, the Department shall

include the Post Permanency Sibling Contact Agreement in

the child's Post Adoption or Private Guardianship case

record and in the case file of siblings who are parties to

the agreement who are in the Department's custody or

guardianship.

(Source: P.A. 97-1076, eff. 8-24-12; 98-463, eff. 8-16-13;

revised 2-28-22.)

(20 ILCS 505/8) (from Ch. 23, par. 5008)

Sec. 8. Scholarships and fee waivers; tuition waiver.

(a) Each year the Department shall select a minimum of 53

students (at least 4 of whom shall be children of veterans) to

receive scholarships and fee waivers which will enable them to

attend and complete their post-secondary education at a

community college, university, or college. Youth shall be

selected from among the youth for whom the Department has

court-ordered legal responsibility, youth who aged out of care

at age 18 or older, or youth formerly under care who have been

adopted or who have been placed in private guardianship.

Recipients must have earned a high school diploma from an

accredited institution or a State of Illinois High School

Diploma or diploma or have met the State criteria for high

school graduation before the start of the school year for

which they are applying for the scholarship and waiver.

Scholarships and fee waivers shall be available to students

for at least 5 years, provided they are continuing to work

toward graduation. Unused scholarship dollars and fee waivers

shall be reallocated to new recipients. No later than January

1, 2015, the Department shall promulgate rules identifying the

criteria for "continuing to work toward graduation" and for

reallocating unused scholarships and fee waivers. Selection

shall be made on the basis of several factors, including, but

not limited to, scholastic record, aptitude, and general

interest in higher education. The selection committee shall

include at least 2 individuals formerly under the care of the

Department who have completed their post-secondary education.

In accordance with this Act, tuition scholarships and fee

waivers shall be available to such students at any university

or college maintained by the State of Illinois. The Department

shall provide maintenance and school expenses, except tuition

and fees, during the academic years to supplement the

students' earnings or other resources so long as they

consistently maintain scholastic records which are acceptable

to their schools and to the Department. Students may attend

other colleges and universities, if scholarships are awarded

to them, and receive the same benefits for maintenance and

other expenses as those students attending any Illinois State

community college, university, or college under this Section.

Beginning with recipients receiving scholarships and waivers

in August 2014, the Department shall collect data and report

annually to the General Assembly on measures of success,

including (i) the number of youth applying for and receiving

scholarships or waivers, (ii) the percentage of scholarship or

waiver recipients who complete their college or university

degree within 5 years, (iii) the average length of time it

takes for scholarship or waiver recipients to complete their

college or university degree, (iv) the reasons that

scholarship or waiver recipients are discharged or fail to

complete their college or university degree, (v) when

available, youths' outcomes 5 years and 10 years after being

awarded the scholarships or waivers, and (vi) budget

allocations for maintenance and school expenses incurred by

the Department.

(b) Youth shall receive a tuition and fee waiver to assist

them in attending and completing their post-secondary

education at any community college, university, or college

maintained by the State of Illinois if they are youth for whom

the Department has court-ordered legal responsibility, youth

who aged out of care at age 18 or older, or youth formerly

under care who have been adopted and were the subject of an

adoption assistance agreement or who have been placed in

private guardianship and were the subject of a subsidized

guardianship agreement.

To receive a waiver under this subsection, an applicant

must:

(1) have earned a high school diploma from an

accredited institution or a State of Illinois High School

Diploma or have met the State criteria for high school

graduation before the start of the school year for which

the applicant is applying for the waiver;

(2) enroll in a qualifying post-secondary education

before the applicant reaches the age of 26; and

(3) apply for federal and State grant assistance by

completing the Free Application for Federal Student Aid.

The community college or public university that an

applicant attends must waive any tuition and fee amounts that

exceed the amounts paid to the applicant under the federal

Pell Grant Program or the State's Monetary Award Program.

Tuition and fee waivers shall be available to a student

for at least the first 5 years the student is enrolled in a

community college, university, or college maintained by the

State of Illinois so long as the student makes satisfactory

progress toward completing his or her degree. The age

requirement and 5-year cap on tuition and fee waivers under

this subsection shall be waived and eligibility for tuition

and fee waivers shall be extended for any applicant or student

who the Department determines was unable to enroll in a

qualifying post-secondary school or complete an academic term

because the applicant or student: (i) was called into active

duty with the United States Armed Forces; (ii) was deployed

for service in the United States Public Health Service

Commissioned Corps; or (iii) volunteered in the Peace Corps or

the AmeriCorps. The Department shall extend eligibility for a

qualifying applicant or student by the total number of months

or years during which the applicant or student served on

active duty with the United States Armed Forces, was deployed

for service in the United States Public Health Service

Commissioned Corps, or volunteered in the Peace Corps or the

AmeriCorps. The number of months an applicant or student

served on active duty with the United States Armed Forces

shall be rounded up to the next higher year to determine the

maximum length of time to extend eligibility for the applicant

or student.

The Department may provide the student with a stipend to

cover maintenance and school expenses, except tuition and

fees, during the academic years to supplement the student's

earnings or other resources so long as the student

consistently maintains scholastic records which are acceptable

to the student's school and to the Department.

The Department shall develop outreach programs to ensure

that youths who qualify for the tuition and fee waivers under

this subsection who are high school students in grades 9

through 12 or who are enrolled in a high school equivalency

testing program are aware of the availability of the tuition

and fee waivers.

(c) Subject to appropriation, the Department shall provide

eligible youth an apprenticeship stipend to cover those costs

associated with entering and sustaining through completion an

apprenticeship, including, but not limited to fees, tuition

for classes, work clothes, rain gear, boots, and

occupation-specific tools. The following youth may be eligible

for the apprenticeship stipend provided under this subsection:

youth for whom the Department has court-ordered legal

responsibility; youth who aged out of care at age 18 or older;

or youth formerly under care who have been adopted and were the

subject of an adoption assistance agreement or who have been

placed in private guardianship and were the subject of a

subsidized guardianship agreement.

To receive a stipend under this subsection, an applicant

must:

(1) be enrolled in an apprenticeship training program

approved or recognized by the Illinois Department of

Employment Security or an apprenticeship program approved

by the United States Department of Labor;

(2) not be a recipient of a scholarship or fee waiver

under subsection (a) or (b); and

(3) be under the age of 26 before enrolling in a

qualified apprenticeship program.

Apprenticeship stipends shall be available to an eligible

youth for a maximum of 5 years after the youth enrolls in a

qualifying apprenticeship program so long as the youth makes

satisfactory progress toward completing his or her

apprenticeship. The age requirement and 5-year cap on the

apprenticeship stipend provided under this subsection shall be

extended for any applicant who the Department determines was

unable to enroll in a qualifying apprenticeship program

because the applicant: (i) was called into active duty with

the United States Armed Forces; (ii) was deployed for service

in the United States Public Health Service Commissioned Corps;

or (iii) volunteered in the Peace Corps or the AmeriCorps. The

Department shall extend eligibility for a qualifying applicant

by the total number of months or years during which the

applicant served on active duty with the United States Armed

Forces, was deployed for service in the United States Public

Health Service Commissioned Corps, or volunteered in the Peace

Corps or the AmeriCorps. The number of months an applicant

served on active duty with the United States Armed Forces

shall be rounded up to the next higher year to determine the

maximum length of time to extend eligibility for the

applicant.

The Department shall develop outreach programs to ensure

that youths who qualify for the apprenticeship stipends under

this subsection who are high school students in grades 9

through 12 or who are enrolled in a high school equivalency

testing program are aware of the availability of the

apprenticeship stipend.

(Source: P.A. 101-558, eff. 1-1-20; 102-1100, eff. 1-1-23;

revised 12-8-22.)

(20 ILCS 505/35.10)

Sec. 35.10. Documents necessary for adult living. The

Department shall assist a youth in care in identifying and

obtaining documents necessary to function as an independent

adult prior to the closure of the youth's case to terminate

wardship as provided in Section 2-31 of the Juvenile Court Act

of 1987. These necessary documents shall include, but not be

limited to, any of the following:

(1) State identification card or driver's license.

(2) Social Security card.

(3) Medical records, including, but not limited to,

health passport, dental records, immunization records,

name and contact information for all current medical,

dental, and mental health providers, and a signed

certification that the Department provided the youth with

education on executing a healthcare power of attorney.

(4) Medicaid card or other health eligibility

documentation.

(5) Certified copy of birth certificate.

(6) Any applicable religious documents.

(7) Voter registration card.

(8) Immigration, citizenship, or naturalization

documentation, if applicable.

(9) Death certificates of parents, if applicable.

(10) Life book or compilation of personal history and

photographs.

(11) List of known relatives with relationships,

addresses, telephone numbers, and other contact

information, with the permission of the involved relative.

(12) Resume.

(13) Educational records, including list of schools

attended, and transcript, high school diploma, or State of

Illinois High School Diploma.

(14) List of placements while in care.

(15) List of community resources with referral

information, including the Midwest Adoption Center for

search and reunion services for former youth in care,

whether or not they were adopted, and the Illinois Chapter

of Foster Care Alumni of America.

(16) All documents necessary to complete a Free

Application for Federal Student Aid form, if applicable,

or an application for State financial aid.

(17) If applicable, a final accounting of the account

maintained on behalf of the youth as provided under

Section 5.46.

If a court determines that a youth in care no longer requires

wardship of the court and orders the wardship terminated and

all proceedings under the Juvenile Court Act of 1987

respecting the youth in care finally closed and discharged,

the Department shall ensure that the youth in care receives a

copy of the court's order.

(Source: P.A. 102-70, eff. 1-1-22; 102-1014, eff. 5-27-22;

102-1100, eff. 1-1-23; revised 12-13-22.)

Section 70. The Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois

is amended by changing Section 605-503 and by setting forth,

renumbering, and changing multiple versions of Section

605-1095 as follows:

(20 ILCS 605/605-503)

Sec. 605-503. Entrepreneurship assistance centers.

(a) The Department shall establish and support, subject to

appropriation, entrepreneurship assistance centers, including

the issuance of grants, at career education agencies and

not-for-profit corporations, including, but not limited to,

local development corporations, chambers of commerce,

community-based business outreach centers, and other

community-based organizations. The purpose of the centers

shall be to train minority group members, women, individuals

with a disability, dislocated workers, veterans, and youth

entrepreneurs in the principles and practice of

entrepreneurship in order to prepare those persons to pursue

self-employment opportunities and to pursue a minority

business enterprise or a women-owned business enterprise. The

centers shall provide for training in all aspects of business

development and small business management as defined by the

Department.

(b) The Department shall establish criteria for selection

and designation of the centers which shall include, but not be

limited to:

(1) the level of support for the center from local

post-secondary education institutions, businesses, and

government;

(2) the level of financial assistance provided at the

local and federal level to support the operations of the

center;

(3) the applicant's understanding of program goals and

objectives articulated by the Department;

(4) the plans of the center to supplement State and

local funding through fees for services which may be based

on a sliding scale based on ability to pay;

(5) the need for and anticipated impact of the center

on the community in which it will function;

(6) the quality of the proposed work plan and staff of

the center; and

(7) the extent of economic distress in the area to be

served.

(c) Each center shall:

(1) be operated by a board of directors representing

community leaders in business, education, finance, and

government;

(2) be incorporated as a not-for-profit corporation;

(3) be located in an area accessible to eligible

clients;

(4) establish an advisory group of community business

experts, at least one-half of whom shall be representative

of the clientele to be served by the center, which shall

constitute a support network to provide counseling and

mentoring services to minority group members, women,

individuals with a disability, dislocated workers,

veterans, and youth entrepreneurs from the concept stage

of development through the first one to 2 years of

existence on a regular basis and as needed thereafter; and

(5) establish a referral system and linkages to

existing area small business assistance programs and

financing sources.

(d) Each entrepreneurship assistance center shall provide

needed services to eligible clients, including, but not

limited to: (i) orientation and screening of prospective

entrepreneurs; (ii) analysis of business concepts and

technical feasibility; (iii) market analysis; (iv) management

analysis and counseling; (v) business planning and financial

planning assistance; (vi) referrals to financial resources;

(vii) referrals to existing educational programs for training

in such areas as marketing, accounting, and other training

programs as may be necessary and available; and (viii)

referrals to business incubator facilities, when appropriate,

for the purpose of entering into agreements to access shared

support services.

(e) Applications for grants made under this Section shall

be made in the manner and on forms prescribed by the

Department. The application shall include, but shall not be

limited to:

(1) a description of the training programs available

within the geographic area to be served by the center to

which eligible clients may be referred;

(2) designation of a program director;

(3) plans for providing ongoing technical assistance

to program graduates, including linkages with providers of

other entrepreneurial assistance programs and with

providers of small business technical assistance and

services;

(4) a program budget, including matching funds,

in-kind and otherwise, to be provided by the applicant;

and

(5) any other requirements as deemed necessary by the

Department.

(f) Grants made under this Section shall be disbursed for

payment of the cost of services and expenses of the program

director, the instructors of the participating career

education agency or not-for-profit corporation, the faculty

and support personnel thereof, and any other person in the

service of providing instruction and counseling in furtherance

of the program.

(g) The Department shall monitor the performance of each

entrepreneurial assistance center and require quarterly

reports from each center at such time and in such a manner as

prescribed by the Department.

The Department shall also evaluate the entrepreneurial

assistance centers established under this Section and report

annually beginning on January 1, 2023, and on or before

January 1 of each year thereafter, the results of the

evaluation to the Governor and the General Assembly. The

report shall discuss the extent to which the centers serve

minority group members, women, individuals with a disability,

dislocated workers, veterans, and youth entrepreneurs; the

extent to which the training program is coordinated with other

assistance programs targeted to small and new businesses; the

ability of the program to leverage other sources of funding

and support; and the success of the program in aiding

entrepreneurs to start up new businesses, including the number

of new business start-ups resulting from the program. The

report shall recommend changes and improvements in the

training program and in the quality of supplemental technical

assistance offered to graduates of the training programs. The

report shall be made available to the public on the

Department's website. Between evaluation due dates, the

Department shall maintain the necessary records and data

required to satisfy the evaluation requirements.

(h) For purposes of this Section:

"Entrepreneurship assistance center" or "center" means the

business development centers or programs which provide

assistance to primarily minority group members, women,

individuals with a disability, dislocated workers, veterans,

and youth entrepreneurs under this Section.

"Disability" means, with respect to an individual: (i) a

physical or mental impairment that substantially limits one or

more of the major life activities of an individual; (ii) a

record of such an impairment; or (iii) being regarded as

having an impairment.

"Minority business enterprise" has the same meaning as

provided for "minority-owned business" under Section 2 of the

Business Enterprise for Minorities, Women, and Persons with

Disabilities Act.

"Minority group member" has the same meaning as provided

for "minority person" under Section 2 of the Business

Enterprise for Minorities, Women, and Persons with

Disabilities Act.

"Women-owned business enterprise" has the same meaning as

provided for "women-owned business" under Section 2 of the

Business Enterprise for Minorities, Women, and Persons with

Disabilities Act.

"Veteran" means a person who served in and who has

received an honorable or general discharge from, the United

States Army, Navy, Air Force, Marines, Coast Guard, or

reserves thereof, or who served in the Army National Guard,

Air National Guard, or Illinois National Guard.

"Youth entrepreneur" means a person who is between the

ages of 16 and 29 years old and that is seeking community

support to start a business in Illinois.

(Source: P.A. 102-272, eff. 1-1-22; 102-821, eff. 1-1-23;

revised 12-8-22.)

(20 ILCS 605/605-1095)

(Section scheduled to be repealed on December 31, 2024)

Sec. 605-1095. Hotel Jobs Recovery Grant Program.

(a) In 2019, the hotel industry in the State of Illinois

directly employed more than 60,000 people and generated

$4,000,000,000 in State and local taxes. During the first year

of the COVID-19 pandemic, one in three hotel workers were laid

off or furloughed, and hotels lost $3,600,000,000 in economic

activity. Unlike other segments of the hospitality industry,

the hotel industry has not received any direct hotel-specific

support from the federal government. Funds awarded under this

Section will be used by hotels to support their workforce and

recover from the COVID-19 pandemic.

(b) As used in this Section:

"Hotel" means any building or buildings in which the

public may, for a consideration, obtain living quarters or ,

sleeping or housekeeping accommodations. The term includes,

but is not limited to, inns, motels, tourist homes or courts,

lodging houses, rooming houses, retreat centers, conference

centers, and hunting lodges. "Hotel" does not include a

short-term rental.

"Short-term rental" means a single-family dwelling, or a

residential dwelling unit in a multi-unit structure,

condominium, cooperative, timeshare, or similar joint property

ownership arrangement, that is rented for a fee for less than

30 consecutive days. "Short-term rental" includes a vacation

rental.

"Operator" and "room" have the meanings given to those

terms in the Hotel Operators' Occupation Tax Act.

(c) The Department may receive State funds and, directly

or indirectly, federal funds under the authority of

legislation passed in response to the Coronavirus epidemic

including, but not limited to, the American Rescue Plan Act of

2021, (Public Law 117-2) ("ARPA"); such funds shall be used in

accordance with the ARPA legislation and other State and

federal law. Upon receipt or availability of such State or

federal funds, and subject to appropriations for their use,

the Department shall establish the Hotel Jobs Recovery Grant

Program for the purpose of providing direct relief to hotels

impacted by the COVID-19 pandemic. Based on an application

filed by the hotel operator, the Department shall award a

one-time grant in an amount of up to $1,500 for each room in

the hotel. Every hotel in operation in the state prior to March

12, 2020 that remains in operation shall be eligible to apply

for the grant. Grant awards shall be scaled based on a process

determined by the Department, including reducing the grant

amount by previous state and local relief provided to the

business during the COVID-19 pandemic.

(d) Any operator who receives grant funds under this

Section shall use a minimum of 80% of the funds on payroll

costs, to the extent permitted by Section 9901 of ARPA,

including, but not limited to, wages, benefits, and employer

contributions to employee healthcare costs. The remaining

funds shall be used on any other costs and losses permitted by

ARPA.

(e) Within 12 months after receiving grant funds under

this Section, the operator shall submit a written attestation

to the Department acknowledging compliance with subsection

(d).

(f) The Department may establish by rule administrative

procedures for the grant program, including any application

procedures, grant agreements, certifications, payment

methodologies, and other accountability measures that may be

imposed upon participants in the program. The emergency

rulemaking process may be used to promulgate the initial rules

of the program following April 19, 2022 (the effective date of

Public Act 102-699) this amendatory Act of the 102nd General

Assembly.

(g) The Department has the power to issue grants and enter

into agreements with eligible hotels to carry out the purposes

of this program.

(h) This Section is repealed on December 31, 2024.

(Source: P.A. 102-699, eff. 4-19-22; revised 7-27-22.)

(20 ILCS 605/605-1096)

Sec. 605-1096 605-1095. Industrial Biotechnology Workforce

Development Grant Program.

(a) The Industrial Biotechnology Workforce Development

Grant Program is hereby established as a program to be

implemented and administered by the Department. The Program

shall provide grants for the purpose of fostering a

well-trained and well-skilled industrial biotechnology

workforce.

(b) Subject to appropriation, grants under the Program may

be awarded on an annual basis for one or more of the following:

(1) industrial biotechnology apprenticeships or

apprenticeship programs;

(2) industrial biotechnology talent pipeline

management programs that emphasize business-oriented

strategies to increase workforce competitiveness, improve

workforce diversity, and expand a regional talent pool

around high-growth industries;

(3) industrial biotechnology industry-aligned

credential (digital badging) expansion programs to

increase the number of workers with in-demand skills

needed to obtain a job or advance within the workplace and

for merging competency-based education with responsive

workforce training strategies; and

(4) high school and community college industrial

biotechnology career pathway and pre-apprenticeship

program development.

(c) To be eligible for grants provided under the Program,

an entity must be either: (i) a State-sponsored,

university-affiliated laboratory or research institution

conducting collaboratives or for-hire research in the

development of biorenewable chemicals, bio-based polymers,

materials, novel feeds, or additional value-added

biorenewables; or (ii) a State-accredited university or

community college. An eligible entity must establish that it

plans to use grant funds for a purpose specifically provided

under subsection (b).

(d) On or before January 31 of the next calendar year to

occur after the last day of any State fiscal year in which the

Department of Commerce and Economic Opportunity receives State

funding for the Program under this Section, the Department of

Commerce and Economic Opportunity shall submit an annual

report to the General Assembly and the Governor on the use of

grant funds under the Program. The report shall include, but

not be limited to: (i) the disbursement of grant funds,

categorized by eligible entity; (ii) the number of persons

enrolled in or taking advantage of a program established or

maintained using grant funds; (iii) the number of persons

completing a program established or maintained using grant

funds; and (iv) the number of person gaining employment in the

industrial biotechnology industry following completion of a

program established or maintained using grant funds.

(e) The Department shall adopt all rules necessary for the

implementation and administration of the Program under this

Section.

(Source: P.A. 102-991, eff. 1-1-23; revised 12-29-22.)

Section 75. The Electric Vehicle Act is amended by

changing Section 45 as follows:

(20 ILCS 627/45)

Sec. 45. Beneficial electrification.

(a) It is the intent of the General Assembly to decrease

reliance on fossil fuels, reduce pollution from the

transportation sector, increase access to electrification for

all consumers, and ensure that electric vehicle adoption and

increased electricity usage and demand do not place

significant additional burdens on the electric system and

create benefits for Illinois residents.

(1) Illinois should increase the adoption of electric

vehicles in the State to 1,000,000 by 2030.

(2) Illinois should strive to be the best state in the

nation in which to drive and manufacture electric

vehicles.

(3) Widespread adoption of electric vehicles is

necessary to electrify the transportation sector,

diversify the transportation fuel mix, drive economic

development, and protect air quality.

(4) Accelerating the adoption of electric vehicles

will drive the decarbonization of Illinois' transportation

sector.

(5) Expanded infrastructure investment will help

Illinois more rapidly decarbonize the transportation

sector.

(6) Statewide adoption of electric vehicles requires

increasing access to electrification for all consumers.

(7) Widespread adoption of electric vehicles requires

increasing public access to charging equipment throughout

Illinois, especially in low-income and environmental

justice communities, where levels of air pollution burden

tend to be higher.

(8) Widespread adoption of electric vehicles and

charging equipment has the potential to provide customers

with fuel cost savings and electric utility customers with

cost-saving benefits.

(9) Widespread adoption of electric vehicles can

improve an electric utility's electric system efficiency

and operational flexibility, including the ability of the

electric utility to integrate renewable energy resources

and make use of off-peak generation resources that support

the operation of charging equipment.

(10) Widespread adoption of electric vehicles should

stimulate innovation, competition, and increased choices

in charging equipment and networks and should also attract

private capital investments and create high-quality jobs

in Illinois.

(b) As used in this Section:

"Agency" means the Environmental Protection Agency.

"Beneficial electrification programs" means programs that

lower carbon dioxide emissions, replace fossil fuel use,

create cost savings, improve electric grid operations, reduce

increases to peak demand, improve electric usage load shape,

and align electric usage with times of renewable generation.

All beneficial electrification programs shall provide for

incentives such that customers are induced to use electricity

at times of low overall system usage or at times when

generation from renewable energy sources is high. "Beneficial

electrification programs" include a portfolio of the

following:

(1) time-of-use electric rates;

(2) hourly pricing electric rates;

(3) optimized charging programs or programs that

encourage charging at times beneficial to the electric

grid;

(4) optional demand-response programs specifically

related to electrification efforts;

(5) incentives for electrification and associated

infrastructure tied to using electricity at off-peak

times;

(6) incentives for electrification and associated

infrastructure targeted to medium-duty and heavy-duty

vehicles used by transit agencies;

(7) incentives for electrification and associated

infrastructure targeted to school buses;

(8) incentives for electrification and associated

infrastructure for medium-duty and heavy-duty government

and private fleet vehicles;

(9) low-income programs that provide access to

electric vehicles for communities where car ownership or

new car ownership is not common;

(10) incentives for electrification in eligible

communities;

(11) incentives or programs to enable quicker adoption

of electric vehicles by developing public charging

stations in dense areas, workplaces, and low-income

communities;

(12) incentives or programs to develop electric

vehicle infrastructure that minimizes range anxiety,

filling the gaps in deployment, particularly in rural

areas and along highway corridors;

(13) incentives to encourage the development of

electrification and renewable energy generation in close

proximity in order to reduce grid congestion;

(14) offer support to low-income communities who are

experiencing financial and accessibility barriers such

that electric vehicle ownership is not an option; and

(15) other such programs as defined by the Commission.

"Black, indigenous, and people of color" or "BIPOC" means

people who are members of the groups described in

subparagraphs (a) through (e) of paragraph (A) of subsection

(1) of Section 2 of the Business Enterprise for Minorities,

Women, and Persons with Disabilities Act.

"Commission" means the Illinois Commerce Commission.

"Coordinator" means the Electric Vehicle Coordinator.

"Electric vehicle" means a vehicle that is exclusively

powered by and refueled by electricity, must be plugged in to

charge, and is licensed to drive on public roadways. "Electric

vehicle" does not include electric mopeds, electric

off-highway vehicles, or hybrid electric vehicles and

extended-range electric vehicles that are also equipped with

conventional fueled propulsion or auxiliary engines.

"Electric vehicle charging station" means a station that

delivers electricity from a source outside an electric vehicle

into one or more electric vehicles.

"Environmental justice communities" means the definition

of that term based on existing methodologies and findings,

used and as may be updated by the Illinois Power Agency and its

program administrator in the Illinois Solar for All Program.

"Equity investment eligible community" or "eligible

community" means the geographic areas throughout Illinois

which would most benefit from equitable investments by the

State designed to combat discrimination and foster sustainable

economic growth. Specifically, "eligible community" means the

following areas:

(1) areas where residents have been historically

excluded from economic opportunities, including

opportunities in the energy sector, as defined pursuant to

Section 10-40 of the Cannabis Regulation and Tax Act; and

(2) areas where residents have been historically

subject to disproportionate burdens of pollution,

including pollution from the energy sector, as established

by environmental justice communities as defined by the

Illinois Power Agency pursuant to Illinois Power Agency

Act, excluding any racial or ethnic indicators.

"Equity investment eligible person" or "eligible person"

means the persons who would most benefit from equitable

investments by the State designed to combat discrimination and

foster sustainable economic growth. Specifically, "eligible

person" means the following people:

(1) persons whose primary residence is in an equity

investment eligible community;

(2) persons who are graduates of or currently enrolled

in the foster care system; or

(3) persons who were formerly incarcerated.

"Low-income" means persons and families whose income does

not exceed 80% of the state median income for the current State

fiscal year as established by the U.S. Department of Health

and Human Services.

"Make-ready infrastructure" means the electrical and

construction work necessary between the distribution circuit

to the connection point of charging equipment.

"Optimized charging programs" mean programs whereby owners

of electric vehicles can set their vehicles to be charged

based on the electric system's current demand, retail or

wholesale market rates, incentives, the carbon or other

pollution intensity of the electric generation mix, the

provision of grid services, efficient use of the electric

grid, or the availability of clean energy generation.

Optimized charging programs may be operated by utilities as

well as third parties.

(c) The Commission shall initiate a workshop process no

later than November 30, 2021 for the purpose of soliciting

input on the design of beneficial electrification programs

that the utility shall offer. The workshop shall be

coordinated by the Staff of the Commission, or a facilitator

retained by Staff, and shall be organized and facilitated in a

manner that encourages representation from diverse

stakeholders, including stakeholders representing

environmental justice and low-income communities, and ensures

equitable opportunities for participation, without requiring

formal intervention or representation by an attorney.

The stakeholder workshop process shall take into

consideration the benefits of electric vehicle adoption and

barriers to adoption, including:

(1) the benefit of lower bills for customers who do

not charge electric vehicles;

(2) benefits to the distribution system from electric

vehicle usage;

(3) the avoidance and reduction in capacity costs from

optimized charging and off-peak charging;

(4) energy price and cost reductions;

(5) environmental benefits, including greenhouse gas

emission and other pollution reductions;

(6) current barriers to mass-market adoption,

including cost of ownership and availability of charging

stations;

(7) current barriers to increasing access among

populations that have limited access to electric vehicle

ownership, communities significantly impacted by

transportation-related pollution, and market segments that

create disproportionate pollution impacts;

(8) benefits of and incentives for medium-duty and

heavy-duty fleet vehicle electrification;

(9) opportunities for eligible communities to benefit

from electrification;

(10) geographic areas and market segments that should

be prioritized for electrification infrastructure

investment.

The workshops shall consider barriers, incentives,

enabling rate structures, and other opportunities for the bill

reduction and environmental benefits described in this

subsection.

The workshop process shall conclude no later than February

28, 2022. Following the workshop, the Staff of the Commission,

or the facilitator retained by the Staff, shall prepare and

submit a report, no later than March 31, 2022, to the

Commission that includes, but is not limited to,

recommendations for transportation electrification investment

or incentives in the following areas:

(i) publicly accessible Level 2 and fast-charging

stations, with a focus on bringing access to

transportation electrification in densely populated areas

and workplaces within eligible communities;

(ii) medium-duty and heavy-duty charging

infrastructure used by government and private fleet

vehicles that serve or travel through environmental

justice or eligible communities;

(iii) medium-duty and heavy-duty charging

infrastructure used in school bus operations, whether

private or public, that primarily serve governmental or

educational institutions, and also serve or travel through

environmental justice or eligible communities;

(iv) public transit medium-duty and heavy-duty

charging infrastructure, developed in consultation with

public transportation agencies; and

(v) publicly accessible Level 2 and fast-charging

stations targeted to fill gaps in deployment, particularly

in rural areas and along State highway corridors.

The report must also identify the participants in the

process, program designs proposed during the process,

estimates of the costs and benefits of proposed programs, any

material issues that remained unresolved at the conclusions of

such process, and any recommendations for workshop process

improvements. The report shall be used by the Commission to

inform and evaluate the cost effectiveness and achievement of

goals within the submitted Beneficial Electrification Plans.

(d) No later than July 1, 2022, electric utilities serving

greater than 500,000 customers in the State shall file a

Beneficial Electrification Plan with the Illinois Commerce

Commission for programs that start no later than January 1,

2023. The plan shall take into consideration recommendations

from the workshop report described in this Section. Within 45

days after the filing of the Beneficial Electrification Plan,

the Commission shall, with reasonable notice, open an

investigation to consider whether the plan meets the

objectives and contains the information required by this

Section. The Commission shall determine if the proposed plan

is cost-beneficial and in the public interest. When

considering if the plan is in the public interest and

determining appropriate levels of cost recovery for

investments and expenditures related to programs proposed by

an electric utility, the Commission shall consider whether the

investments and other expenditures are designed and reasonably

expected to:

(1) maximize total energy cost savings and rate

reductions so that nonparticipants can benefit;

(2) address environmental justice interests by

ensuring there are significant opportunities for residents

and businesses in eligible communities to directly

participate in and benefit from beneficial electrification

programs;

(3) support at least a 40% investment of make-ready

infrastructure incentives to facilitate the rapid

deployment of charging equipment in or serving

environmental justice, low-income, and eligible

communities; however, nothing in this subsection is

intended to require a specific amount of spending in a

particular geographic area;

(4) support at least a 5% investment target in

electrifying medium-duty and heavy-duty school bus and

diesel public transportation vehicles located in or

serving environmental justice, low-income, and eligible

communities in order to provide those communities and

businesses with greater economic investment,

transportation opportunities, and a cleaner environment so

they can directly benefit from transportation

electrification efforts; however, nothing in this

subsection is intended to require a specific amount of

spending in a particular geographic area;

(5) stimulate innovation, competition, private

investment, and increased consumer choices in electric

vehicle charging equipment and networks;

(6) contribute to the reduction of carbon emissions

and meeting air quality standards, including improving air

quality in eligible communities who disproportionately

suffer from emissions from the medium-duty and heavy-duty

transportation sector;

(7) support the efficient and cost-effective use of

the electric grid in a manner that supports electric

vehicle charging operations; and

(8) provide resources to support private investment in

charging equipment for uses in public and private charging

applications, including residential, multi-family, fleet,

transit, community, and corridor applications.

The plan shall be determined to be cost-beneficial if the

total cost of beneficial electrification expenditures is less

than the net present value of increased electricity costs

(defined as marginal avoided energy, avoided capacity, and

avoided transmission and distribution system costs) avoided by

programs under the plan, the net present value of reductions

in other customer energy costs, net revenue from all electric

charging in the service territory, and the societal value of

reduced carbon emissions and surface-level pollutants,

particularly in environmental justice communities. The

calculation of costs and benefits should be based on net

impacts, including the impact on customer rates.

The Commission shall approve, approve with modifications,

or reject the plan within 270 days from the date of filing. The

Commission may approve the plan if it finds that the plan will

achieve the goals described in this Section and contains the

information described in this Section. Proceedings under this

Section shall proceed according to the rules provided by

Article IX of the Public Utilities Act. Information contained

in the approved plan shall be considered part of the record in

any Commission proceeding under Section 16-107.6 of the Public

Utilities Act, provided that a final order has not been

entered prior to the initial filing date. The Beneficial

Electrification Plan shall specifically address, at a minimum,

the following:

(i) make-ready investments to facilitate the rapid

deployment of charging equipment throughout the State,

facilitate the electrification of public transit and other

vehicle fleets in the light-duty, medium-duty, and

heavy-duty sectors, and align with Agency-issued rebates

for charging equipment;

(ii) the development and implementation of beneficial

electrification programs, including time-of-use rates and

their benefit for electric vehicle users and for all

customers, optimized charging programs to achieve savings

identified, and new contracts and compensation for

services in those programs, through signals that allow

electric vehicle charging to respond to local system

conditions, manage critical peak periods, serve as a

demand response or peak resource, and maximize renewable

energy use and integration into the grid;

(iii) optional commercial tariffs utilizing

alternatives to traditional demand-based rate structures

to facilitate charging for light-duty, heavy-duty, light

duty, heavy duty, and fleet electric vehicles;

(iv) financial and other challenges to electric

vehicle usage in low-income communities, and strategies

for overcoming those challenges, particularly in

communities where and for people for whom car ownership is

not an option;

(v) methods of minimizing ratepayer impacts and

exempting or minimizing, to the extent possible,

low-income ratepayers from the costs associated with

facilitating the expansion of electric vehicle charging;

(vi) plans to increase access to Level 3 Public

Electric Vehicle Charging Infrastructure to serve vehicles

that need quicker charging times and vehicles of persons

who have no other access to charging infrastructure,

regardless of whether those projects participate in

optimized charging programs;

(vii) whether to establish charging standards for type

of plugs eligible for investment or incentive programs,

and if so, what standards;

(viii) opportunities for coordination and cohesion

with electric vehicle and electric vehicle charging

equipment incentives established by any agency,

department, board, or commission of the State, any other

unit of government in the State, any national programs, or

any unit of the federal government;

(ix) ideas for the development of online tools,

applications, and data sharing that provide essential

information to those charging electric vehicles, and

enable an automated charging response to price signals,

emission signals, real-time renewable generation

production, and other Commission-approved or

customer-desired indicators of beneficial charging times;

and

(x) customer education, outreach, and incentive

programs that increase awareness of the programs and the

benefits of transportation electrification, including

direct outreach to eligible communities. ;

(e) Proceedings under this Section shall proceed according

to the rules provided by Article IX of the Public Utilities

Act. Information contained in the approved plan shall be

considered part of the record in any Commission proceeding

under Section 16-107.6 of the Public Utilities Act, provided

that a final order has not been entered prior to the initial

filing date.

(f) The utility shall file an update to the plan on July 1,

2024 and every 3 years thereafter. This update shall describe

transportation investments made during the prior plan period,

investments planned for the following 24 months, and updates

to the information required by this Section. Beginning with

the first update, the utility shall develop the plan in

conjunction with the distribution system planning process

described in Section 16-105.17, including incorporation of

stakeholder feedback from that process.

(g) Within 35 days after the utility files its report, the

Commission shall, upon its own initiative, open an

investigation regarding the utility's plan update to

investigate whether the objectives described in this Section

are being achieved. The Commission shall determine whether

investment targets should be increased based on achievement of

spending goals outlined in the Beneficial Electrification Plan

and consistency with outcomes directed in the plan stakeholder

workshop report. If the Commission finds, after notice and

hearing, that the utility's plan is materially deficient, the

Commission shall issue an order requiring the utility to

devise a corrective action plan, subject to Commission

approval, to bring the plan into compliance with the goals of

this Section. The Commission's order shall be entered within

270 days after the utility files its annual report. The

contents of a plan filed under this Section shall be available

for evidence in Commission proceedings. However, omission from

an approved plan shall not render any future utility

expenditure to be considered unreasonable or imprudent. The

Commission may, upon sufficient evidence, allow expenditures

that were not part of any particular distribution plan. The

Commission shall consider revenues from electric vehicles in

the utility's service territory in evaluating the retail rate

impact. The retail rate impact from the development of

electric vehicle infrastructure shall not exceed 1% per year

of the total annual revenue requirements of the utility.

(h) In meeting the requirements of this Section, the

utility shall demonstrate efforts to increase the use of

contractors and electric vehicle charging station installers

that meet multiple workforce equity actions, including, but

not limited to:

(1) the business is headquartered in or the person

resides in an eligible community;

(2) the business is majority owned by eligible person

or the contractor is an eligible person;

(3) the business or person is certified by another

municipal, State, federal, or other certification for

disadvantaged businesses;

(4) the business or person meets the eligibility

criteria for a certification program such as:

(A) certified under Section 2 of the Business

Enterprise for Minorities, Women, and Persons with

Disabilities Act;

(B) certified by another municipal, State,

federal, or other certification for disadvantaged

businesses;

(C) submits an affidavit showing that the vendor

meets the eligibility criteria for a certification

program such as those in items (A) and (B); or

(D) if the vendor is a nonprofit, meets any of the

criteria in those in item (A), (B), or (C) with the

exception that the nonprofit is not required to meet

any criteria related to being a for-profit entity, or

is controlled by a board of directors that consists of

51% or greater individuals who are equity investment

eligible persons; or

(E) ensuring that program implementation

contractors and electric vehicle charging station

installers pay employees working on electric vehicle

charging installations at or above the prevailing wage

rate as published by the Department of Labor.

Utilities shall establish reporting procedures for vendors

that ensure compliance with this subsection, but are

structured to avoid, wherever possible, placing an undue

administrative burden on vendors.

(i) Program data collection.

(1) In order to ensure that the benefits provided to

Illinois residents and business by the clean energy

economy are equitably distributed across the State, it is

necessary to accurately measure the applicants and

recipients of this Program. The purpose of this paragraph

is to require the implementing utilities to collect all

data from Program applicants and beneficiaries to track

and improve equitable distribution of benefits across

Illinois communities. The further purpose is to measure

any potential impact of racial discrimination on the

distribution of benefits and provide the utilities the

information necessary to correct any discrimination

through methods consistent with State and federal law.

(2) The implementing utilities shall collect

demographic and geographic data for each applicant and

each person or business awarded benefits or contracts

under this Program.

(3) The implementing utilities shall collect the

following information from applicants and Program or

procurement beneficiaries where applicable:

(A) demographic information, including racial or

ethnic identity for real persons employed, contracted,

or subcontracted through the program;

(B) demographic information, including racial or

ethnic identity of business owners;

(C) geographic location of the residency of real

persons or geographic location of the headquarters for

businesses; and

(D) any other information necessary for the

purpose of achieving the purpose of this paragraph.

(4) The utility shall publish, at least annually,

aggregated information on the demographics of program and

procurement applicants and beneficiaries. The utilities

shall protect personal and confidential business

information as necessary.

(5) The utilities shall conduct a regular review

process to confirm the accuracy of reported data.

(6) On a quarterly basis, utilities shall collect data

necessary to ensure compliance with this Section and shall

communicate progress toward compliance to program

implementation contractors and electric vehicle charging

station installation vendors.

(7) Utilities filing Beneficial Electrification Plans

under this Section shall report annually to the Illinois

Commerce Commission and the General Assembly on how

hiring, contracting, job training, and other practices

related to its Beneficial electrification programs enhance

the diversity of vendors working on such programs. These

reports must include data on vendor and employee

diversity.

(j) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

(Source: P.A. 102-662, eff. 9-15-21; 102-820, eff. 5-13-22;

revised 9-14-22.)

Section 80. The Renewable Energy, Energy Efficiency, and

Coal Resources Development Law of 1997 is amended by changing

Section 6-5 as follows:

(20 ILCS 687/6-5)

(Section scheduled to be repealed on December 31, 2025)

Sec. 6-5. Renewable Energy Resources and Coal Technology

Development Assistance Charge.

(a) Notwithstanding the provisions of Section 16-111 of

the Public Utilities Act but subject to subsection (e) of this

Section, each public utility, electric cooperative, as defined

in Section 3.4 of the Electric Supplier Act, and municipal

utility, as referenced in Section 3-105 of the Public

Utilities Act, that is engaged in the delivery of electricity

or the distribution of natural gas within the State of

Illinois shall, effective January 1, 1998, assess each of its

customer accounts a monthly Renewable Energy Resources and

Coal Technology Development Assistance Charge. The delivering

public utility, municipal electric or gas utility, or electric

or gas cooperative for a self-assessing purchaser remains

subject to the collection of the fee imposed by this Section.

The monthly charge shall be as follows:

(1) $0.05 per month on each account for residential

electric service as defined in Section 13 of the Energy

Assistance Act;

(2) $0.05 per month on each account for residential

gas service as defined in Section 13 of the Energy

Assistance Act;

(3) $0.50 per month on each account for nonresidential

electric service, as defined in Section 13 of the Energy

Assistance Act, which had less than 10 megawatts of peak

demand during the previous calendar year;

(4) $0.50 per month on each account for nonresidential

gas service, as defined in Section 13 of the Energy

Assistance Act, which had distributed to it less than

4,000,000 therms of gas during the previous calendar year;

(5) $37.50 per month on each account for

nonresidential electric service, as defined in Section 13

of the Energy Assistance Act, which had 10 megawatts or

greater of peak demand during the previous calendar year;

and

(6) $37.50 per month on each account for

nonresidential gas service, as defined in Section 13 of

the Energy Assistance Act, which had 4,000,000 or more

therms of gas distributed to it during the previous

calendar year.

(b) The Renewable Energy Resources and Coal Technology

Development Assistance Charge assessed by electric and gas

public utilities shall be considered a charge for public

utility service.

(c) Fifty percent of the moneys collected pursuant to this

Section shall be deposited in the Renewable Energy Resources

Trust Fund by the Department of Revenue. From those funds,

$2,000,000 may be used annually by the Environmental

Protection Agency to provide grants to the Illinois Green

Economy Network for the purposes of funding education and

training for renewable energy and energy efficiency technology

and for the operation and services of the Illinois Green

Economy Network. The remaining 50 percent of the moneys

collected pursuant to this Section shall be deposited in the

Coal Technology Development Assistance Fund by the Department

of Revenue for the exclusive purposes of (1) capturing or

sequestering carbon emissions produced by coal combustion; (2)

supporting research on the capture and sequestration of carbon

emissions produced by coal combustion; and (3) improving coal

miner safety.

(d) By the 20th day of the month following the month in

which the charges imposed by this Section were collected, each

utility and alternative retail electric supplier collecting

charges pursuant to this Section shall remit to the Department

of Revenue for deposit in the Renewable Energy Resources Trust

Fund and the Coal Technology Development Assistance Fund all

moneys received as payment of the charge provided for in this

Section on a return prescribed and furnished by the Department

of Revenue showing such information as the Department of

Revenue may reasonably require.

If any payment provided for in this Section exceeds the

utility or alternative alternate retail electric supplier's

liabilities under this Act, as shown on an original return,

the utility or alternative retail electric supplier may credit

the excess payment against liability subsequently to be

remitted to the Department of Revenue under this Act.

(e) The charges imposed by this Section shall only apply

to customers of municipal electric or gas utilities and

electric or gas cooperatives if the municipal electric or gas

utility or electric or gas cooperative makes an affirmative

decision to impose the charge. If a municipal electric or gas

utility or an electric or gas cooperative makes an affirmative

decision to impose the charge provided by this Section, the

municipal electric or gas utility or electric or gas

cooperative shall inform the Department of Revenue in writing

of such decision when it begins to impose the charge. If a

municipal electric or gas utility or electric or gas

cooperative does not assess this charge, its customers shall

not be eligible for the Renewable Energy Resources Program.

(f) The Department of Revenue may establish such rules as

it deems necessary to implement this Section.

(Source: P.A. 102-444, eff. 8-20-21; revised 9-13-22.)

Section 85. The Financial Institutions Code is amended by

changing Section 6 as follows:

(20 ILCS 1205/6)

Sec. 6. General powers and duties. In addition to the

powers and duties provided by law and imposed elsewhere in

this Act, the Division has the following powers and duties:

(1) To administer and enforce the Consumer Installment

Loan Act and its implementing rules.

(2) To administer and enforce the Currency Exchange

Act and its implementing rules. the Currency Exchange Act

(3) To administer and enforce the Debt Management

Service Act and its implementing rules.

(4) To administer and enforce the Debt Settlement

Consumer Protection Act and its implementing rules.

(5) To administer and enforce the Illinois Development

Credit Corporation Act and its implementing rules.

(6) To administer and enforce the Payday Loan Reform

Act and its implementing rules. the Safety Deposit License

Act

(7) To administer and enforce the Safety Deposit

License Act and its implementing rules.

(8) To administer and enforce the Sales Finance Agency

Act and its implementing rules.

(9) To administer and enforce the Title Insurance Act

and its implementing rules.

(10) To administer and enforce the Transmitters of

Money Act and its implementing rules.

(11) To administer and enforce the Predatory Loan

Prevention Act and its implementing rules.

(12) To administer and enforce the Motor Vehicle

Retail Installment Sales Act and its implementing rules.

(13) To administer and enforce the Retail Installment

Sales Act and its implementing rules.

(14) To administer and enforce the Illinois Credit

Union Act and its implementing rules.

(15) To administer and enforce the Collection Agency

Act and its implementing rules.

(16) To administer and enforce any other Act

administered by the Director or Division.

(17) If the Division is authorized or required by law

to consider some aspect of criminal history record

information for the purpose of carrying out its statutory

powers and responsibilities, to obtain from the Illinois

State Police, upon request and payment of the fees

required by the Illinois State Police Law of the Civil

Administrative Code of Illinois, pursuant to positive

identification, such information contained in State files

as is necessary to carry out the duties of the Division.

(18) To authorize and administer examinations to

ascertain the qualifications of applicants and licensees

for which the examination is held.

(19) To conduct hearings in proceedings to revoke,

suspend, refuse to renew, or take other disciplinary

action regarding licenses, charters, certifications,

registrations, or authorities of persons as authorized in

any Act administered by the Division.

(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22; 102-975, eff. 1-1-23; revised

12-13-22.)

Section 90. The Department of Human Services Act is

amended by changing Section 1-17 and by setting forth and

renumbering multiple versions of Section 1-75 as follows:

(20 ILCS 1305/1-17)

Sec. 1-17. Inspector General.

(a) Nature and purpose. It is the express intent of the

General Assembly to ensure the health, safety, and financial

condition of individuals receiving services in this State due

to mental illness, developmental disability, or both by

protecting those persons from acts of abuse, neglect, or both

by service providers. To that end, the Office of the Inspector

General for the Department of Human Services is created to

investigate and report upon allegations of the abuse, neglect,

or financial exploitation of individuals receiving services

within mental health facilities, developmental disabilities

facilities, and community agencies operated, licensed, funded,

or certified by the Department of Human Services, but not

licensed or certified by any other State agency.

(b) Definitions. The following definitions apply to this

Section:

"Agency" or "community agency" means (i) a community

agency licensed, funded, or certified by the Department, but

not licensed or certified by any other human services agency

of the State, to provide mental health service or

developmental disabilities service, or (ii) a program

licensed, funded, or certified by the Department, but not

licensed or certified by any other human services agency of

the State, to provide mental health service or developmental

disabilities service.

"Aggravating circumstance" means a factor that is

attendant to a finding and that tends to compound or increase

the culpability of the accused.

"Allegation" means an assertion, complaint, suspicion, or

incident involving any of the following conduct by an

employee, facility, or agency against an individual or

individuals: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation.

"Day" means working day, unless otherwise specified.

"Deflection" means a situation in which an individual is

presented for admission to a facility or agency, and the

facility staff or agency staff do not admit the individual.

"Deflection" includes triage, redirection, and denial of

admission.

"Department" means the Department of Human Services.

"Developmental disability" means "developmental

disability" as defined in the Mental Health and Developmental

Disabilities Code.

"Egregious neglect" means a finding of neglect as

determined by the Inspector General that (i) represents a

gross failure to adequately provide for, or a callused

indifference to, the health, safety, or medical needs of an

individual and (ii) results in an individual's death or other

serious deterioration of an individual's physical condition or

mental condition.

"Employee" means any person who provides services at the

facility or agency on-site or off-site. The service

relationship can be with the individual or with the facility

or agency. Also, "employee" includes any employee or

contractual agent of the Department of Human Services or the

community agency involved in providing or monitoring or

administering mental health or developmental disability

services. This includes but is not limited to: owners,

operators, payroll personnel, contractors, subcontractors, and

volunteers.

"Facility" or "State-operated facility" means a mental

health facility or developmental disabilities facility

operated by the Department.

"Financial exploitation" means taking unjust advantage of

an individual's assets, property, or financial resources

through deception, intimidation, or conversion for the

employee's, facility's, or agency's own advantage or benefit.

"Finding" means the Office of Inspector General's

determination regarding whether an allegation is

substantiated, unsubstantiated, or unfounded.

"Health Care Worker Registry" or "Registry" means the

Health Care Worker Registry under the Health Care Worker

Background Check Act.

"Individual" means any person receiving mental health

service, developmental disabilities service, or both from a

facility or agency, while either on-site or off-site.

"Mental abuse" means the use of demeaning, intimidating,

or threatening words, signs, gestures, or other actions by an

employee about an individual and in the presence of an

individual or individuals that results in emotional distress

or maladaptive behavior, or could have resulted in emotional

distress or maladaptive behavior, for any individual present.

"Mental illness" means "mental illness" as defined in the

Mental Health and Developmental Disabilities Code.

"Mentally ill" means having a mental illness.

"Mitigating circumstance" means a condition that (i) is

attendant to a finding, (ii) does not excuse or justify the

conduct in question, but (iii) may be considered in evaluating

the severity of the conduct, the culpability of the accused,

or both the severity of the conduct and the culpability of the

accused.

"Neglect" means an employee's, agency's, or facility's

failure to provide adequate medical care, personal care, or

maintenance and that, as a consequence, (i) causes an

individual pain, injury, or emotional distress, (ii) results

in either an individual's maladaptive behavior or the

deterioration of an individual's physical condition or mental

condition, or (iii) places the individual's health or safety

at substantial risk.

"Person with a developmental disability" means a person

having a developmental disability.

"Physical abuse" means an employee's non-accidental and

inappropriate contact with an individual that causes bodily

harm. "Physical abuse" includes actions that cause bodily harm

as a result of an employee directing an individual or person to

physically abuse another individual.

"Recommendation" means an admonition, separate from a

finding, that requires action by the facility, agency, or

Department to correct a systemic issue, problem, or deficiency

identified during an investigation.

"Required reporter" means any employee who suspects,

witnesses, or is informed of an allegation of any one or more

of the following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation.

"Secretary" means the Chief Administrative Officer of the

Department.

"Sexual abuse" means any sexual contact or intimate

physical contact between an employee and an individual,

including an employee's coercion or encouragement of an

individual to engage in sexual behavior that results in sexual

contact, intimate physical contact, sexual behavior, or

intimate physical behavior. Sexual abuse also includes (i) an

employee's actions that result in the sending or showing of

sexually explicit images to an individual via computer,

cellular phone, electronic mail, portable electronic device,

or other media with or without contact with the individual or

(ii) an employee's posting of sexually explicit images of an

individual online or elsewhere whether or not there is contact

with the individual.

"Sexually explicit images" includes, but is not limited

to, any material which depicts nudity, sexual conduct, or

sado-masochistic abuse, or which contains explicit and

detailed verbal descriptions or narrative accounts of sexual

excitement, sexual conduct, or sado-masochistic abuse.

"Substantiated" means there is a preponderance of the

evidence to support the allegation.

"Unfounded" means there is no credible evidence to support

the allegation.

"Unsubstantiated" means there is credible evidence, but

less than a preponderance of evidence to support the

allegation.

(c) Appointment. The Governor shall appoint, and the

Senate shall confirm, an Inspector General. The Inspector

General shall be appointed for a term of 4 years and shall

function within the Department of Human Services and report to

the Secretary and the Governor.

(d) Operation and appropriation. The Inspector General

shall function independently within the Department with

respect to the operations of the Office, including the

performance of investigations and issuance of findings and

recommendations. The appropriation for the Office of Inspector

General shall be separate from the overall appropriation for

the Department.

(e) Powers and duties. The Inspector General shall

investigate reports of suspected mental abuse, physical abuse,

sexual abuse, neglect, or financial exploitation of

individuals in any mental health or developmental disabilities

facility or agency and shall have authority to take immediate

action to prevent any one or more of the following from

happening to individuals under its jurisdiction: mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation. Upon written request of an agency of this State,

the Inspector General may assist another agency of the State

in investigating reports of the abuse, neglect, or abuse and

neglect of persons with mental illness, persons with

developmental disabilities, or persons with both. To comply

with the requirements of subsection (k) of this Section, the

Inspector General shall also review all reportable deaths for

which there is no allegation of abuse or neglect. Nothing in

this Section shall preempt any duties of the Medical Review

Board set forth in the Mental Health and Developmental

Disabilities Code. The Inspector General shall have no

authority to investigate alleged violations of the State

Officials and Employees Ethics Act. Allegations of misconduct

under the State Officials and Employees Ethics Act shall be

referred to the Office of the Governor's Executive Inspector

General for investigation.

(f) Limitations. The Inspector General shall not conduct

an investigation within an agency or facility if that

investigation would be redundant to or interfere with an

investigation conducted by another State agency. The Inspector

General shall have no supervision over, or involvement in, the

routine programmatic, licensing, funding, or certification

operations of the Department. Nothing in this subsection

limits investigations by the Department that may otherwise be

required by law or that may be necessary in the Department's

capacity as central administrative authority responsible for

the operation of the State's mental health and developmental

disabilities facilities.

(g) Rulemaking authority. The Inspector General shall

promulgate rules establishing minimum requirements for

reporting allegations as well as for initiating, conducting,

and completing investigations based upon the nature of the

allegation or allegations. The rules shall clearly establish

that if 2 or more State agencies could investigate an

allegation, the Inspector General shall not conduct an

investigation that would be redundant to, or interfere with,

an investigation conducted by another State agency. The rules

shall further clarify the method and circumstances under which

the Office of Inspector General may interact with the

licensing, funding, or certification units of the Department

in preventing further occurrences of mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, and financial

exploitation.

(h) Training programs. The Inspector General shall (i)

establish a comprehensive program to ensure that every person

authorized to conduct investigations receives ongoing training

relative to investigation techniques, communication skills,

and the appropriate means of interacting with persons

receiving treatment for mental illness, developmental

disability, or both mental illness and developmental

disability, and (ii) establish and conduct periodic training

programs for facility and agency employees concerning the

prevention and reporting of any one or more of the following:

mental abuse, physical abuse, sexual abuse, neglect, egregious

neglect, or financial exploitation. The Inspector General

shall further ensure (i) every person authorized to conduct

investigations at community agencies receives ongoing training

in Title 59, Parts 115, 116, and 119 of the Illinois

Administrative Code, and (ii) every person authorized to

conduct investigations shall receive ongoing training in Title

59, Part 50 of the Illinois Administrative Code. Nothing in

this Section shall be deemed to prevent the Office of

Inspector General from conducting any other training as

determined by the Inspector General to be necessary or

helpful.

(i) Duty to cooperate.

(1) The Inspector General shall at all times be

granted access to any facility or agency for the purpose

of investigating any allegation, conducting unannounced

site visits, monitoring compliance with a written

response, or completing any other statutorily assigned

duty. The Inspector General shall conduct unannounced site

visits to each facility at least annually for the purpose

of reviewing and making recommendations on systemic issues

relative to preventing, reporting, investigating, and

responding to all of the following: mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, or

financial exploitation.

(2) Any employee who fails to cooperate with an Office

of the Inspector General investigation is in violation of

this Act. Failure to cooperate with an investigation

includes, but is not limited to, any one or more of the

following: (i) creating and transmitting a false report to

the Office of the Inspector General hotline, (ii)

providing false information to an Office of the Inspector

General Investigator during an investigation, (iii)

colluding with other employees to cover up evidence, (iv)

colluding with other employees to provide false

information to an Office of the Inspector General

investigator, (v) destroying evidence, (vi) withholding

evidence, or (vii) otherwise obstructing an Office of the

Inspector General investigation. Additionally, any

employee who, during an unannounced site visit or written

response compliance check, fails to cooperate with

requests from the Office of the Inspector General is in

violation of this Act.

(j) Subpoena powers. The Inspector General shall have the

power to subpoena witnesses and compel the production of all

documents and physical evidence relating to his or her

investigations and any hearings authorized by this Act. This

subpoena power shall not extend to persons or documents of a

labor organization or its representatives insofar as the

persons are acting in a representative capacity to an employee

whose conduct is the subject of an investigation or the

documents relate to that representation. Any person who

otherwise fails to respond to a subpoena or who knowingly

provides false information to the Office of the Inspector

General by subpoena during an investigation is guilty of a

Class A misdemeanor.

(k) Reporting allegations and deaths.

(1) Allegations. If an employee witnesses, is told of,

or has reason to believe an incident of mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation has occurred, the employee, agency, or

facility shall report the allegation by phone to the

Office of the Inspector General hotline according to the

agency's or facility's procedures, but in no event later

than 4 hours after the initial discovery of the incident,

allegation, or suspicion of any one or more of the

following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation. A required reporter as

defined in subsection (b) of this Section who knowingly or

intentionally fails to comply with these reporting

requirements is guilty of a Class A misdemeanor.

(2) Deaths. Absent an allegation, a required reporter

shall, within 24 hours after initial discovery, report by

phone to the Office of the Inspector General hotline each

of the following:

(i) Any death of an individual occurring within 14

calendar days after discharge or transfer of the

individual from a residential program or facility.

(ii) Any death of an individual occurring within

24 hours after deflection from a residential program

or facility.

(iii) Any other death of an individual occurring

at an agency or facility or at any Department-funded

site.

(3) Retaliation. It is a violation of this Act for any

employee or administrator of an agency or facility to take

retaliatory action against an employee who acts in good

faith in conformance with his or her duties as a required

reporter.

(l) Reporting to law enforcement. Reporting criminal acts.

Within 24 hours after determining that there is credible

evidence indicating that a criminal act may have been

committed or that special expertise may be required in an

investigation, the Inspector General shall notify the Illinois

State Police or other appropriate law enforcement authority,

or ensure that such notification is made. The Illinois State

Police shall investigate any report from a State-operated

facility indicating a possible murder, sexual assault, or

other felony by an employee. All investigations conducted by

the Inspector General shall be conducted in a manner designed

to ensure the preservation of evidence for possible use in a

criminal prosecution.

(m) Investigative reports. Upon completion of an

investigation, the Office of Inspector General shall issue an

investigative report identifying whether the allegations are

substantiated, unsubstantiated, or unfounded. Within 10

business days after the transmittal of a completed

investigative report substantiating an allegation, finding an

allegation is unsubstantiated, or if a recommendation is made,

the Inspector General shall provide the investigative report

on the case to the Secretary and to the director of the

facility or agency where any one or more of the following

occurred: mental abuse, physical abuse, sexual abuse, neglect,

egregious neglect, or financial exploitation. The director of

the facility or agency shall be responsible for maintaining

the confidentiality of the investigative report consistent

with State and federal law. In a substantiated case, the

investigative report shall include any mitigating or

aggravating circumstances that were identified during the

investigation. If the case involves substantiated neglect, the

investigative report shall also state whether egregious

neglect was found. An investigative report may also set forth

recommendations. All investigative reports prepared by the

Office of the Inspector General shall be considered

confidential and shall not be released except as provided by

the law of this State or as required under applicable federal

law. Unsubstantiated and unfounded reports shall not be

disclosed except as allowed under Section 6 of the Abused and

Neglected Long Term Care Facility Residents Reporting Act. Raw

data used to compile the investigative report shall not be

subject to release unless required by law or a court order.

"Raw data used to compile the investigative report" includes,

but is not limited to, any one or more of the following: the

initial complaint, witness statements, photographs,

investigator's notes, police reports, or incident reports. If

the allegations are substantiated, the victim, the victim's

guardian, and the accused shall be provided with a redacted

copy of the investigative report. Death reports where there

was no allegation of abuse or neglect shall only be released

pursuant to applicable State or federal law or a valid court

order. Unredacted investigative reports, as well as raw data,

may be shared with a local law enforcement entity, a State's

Attorney's office, or a county coroner's office upon written

request.

(n) Written responses, clarification requests, and

reconsideration requests.

(1) Written responses. Within 30 calendar days from

receipt of a substantiated investigative report or an

investigative report which contains recommendations,

absent a reconsideration request, the facility or agency

shall file a written response that addresses, in a concise

and reasoned manner, the actions taken to: (i) protect the

individual; (ii) prevent recurrences; and (iii) eliminate

the problems identified. The response shall include the

implementation and completion dates of such actions. If

the written response is not filed within the allotted 30

calendar day period, the Secretary shall determine the

appropriate corrective action to be taken.

(2) Requests for clarification. The facility, agency,

victim or guardian, or the subject employee may request

that the Office of Inspector General clarify the finding

or findings for which clarification is sought.

(3) Requests for reconsideration. The facility,

agency, victim or guardian, or the subject employee may

request that the Office of the Inspector General

reconsider the finding or findings or the recommendations.

A request for reconsideration shall be subject to a

multi-layer review and shall include at least one reviewer

who did not participate in the investigation or approval

of the original investigative report. After the

multi-layer review process has been completed, the

Inspector General shall make the final determination on

the reconsideration request. The investigation shall be

reopened if the reconsideration determination finds that

additional information is needed to complete the

investigative record.

(o) Disclosure of the finding by the Inspector General.

The Inspector General shall disclose the finding of an

investigation to the following persons: (i) the Governor, (ii)

the Secretary, (iii) the director of the facility or agency,

(iv) the alleged victims and their guardians, (v) the

complainant, and (vi) the accused. This information shall

include whether the allegations were deemed substantiated,

unsubstantiated, or unfounded.

(p) Secretary review. Upon review of the Inspector

General's investigative report and any agency's or facility's

written response, the Secretary shall accept or reject the

written response and notify the Inspector General of that

determination. The Secretary may further direct that other

administrative action be taken, including, but not limited to,

any one or more of the following: (i) additional site visits,

(ii) training, (iii) provision of technical assistance

relative to administrative needs, licensure, or certification,

or (iv) the imposition of appropriate sanctions.

(q) Action by facility or agency. Within 30 days of the

date the Secretary approves the written response or directs

that further administrative action be taken, the facility or

agency shall provide an implementation report to the Inspector

General that provides the status of the action taken. The

facility or agency shall be allowed an additional 30 days to

send notice of completion of the action or to send an updated

implementation report. If the action has not been completed

within the additional 30-day period, the facility or agency

shall send updated implementation reports every 60 days until

completion. The Inspector General shall conduct a review of

any implementation plan that takes more than 120 days after

approval to complete, and shall monitor compliance through a

random review of approved written responses, which may

include, but are not limited to: (i) site visits, (ii)

telephone contact, and (iii) requests for additional

documentation evidencing compliance.

(r) Sanctions. Sanctions, if imposed by the Secretary

under Subdivision (p)(iv) of this Section, shall be designed

to prevent further acts of mental abuse, physical abuse,

sexual abuse, neglect, egregious neglect, or financial

exploitation or some combination of one or more of those acts

at a facility or agency, and may include any one or more of the

following:

(1) Appointment of on-site monitors.

(2) Transfer or relocation of an individual or

individuals.

(3) Closure of units.

(4) Termination of any one or more of the following:

(i) Department licensing, (ii) funding, or (iii)

certification.

The Inspector General may seek the assistance of the

Illinois Attorney General or the office of any State's

Attorney in implementing sanctions.

(s) Health Care Worker Registry.

(1) Reporting to the Registry. The Inspector General

shall report to the Department of Public Health's Health

Care Worker Registry, a public registry, the identity and

finding of each employee of a facility or agency against

whom there is a final investigative report prepared by the

Office of the Inspector General containing a substantiated

allegation of physical or sexual abuse, financial

exploitation, or egregious neglect of an individual,

unless the Inspector General requests a stipulated

disposition of the investigative report that does not

include the reporting of the employee's name to the Health

Care Worker Registry and the Secretary of Human Services

agrees with the requested stipulated disposition.

(2) Notice to employee. Prior to reporting the name of

an employee, the employee shall be notified of the

Department's obligation to report and shall be granted an

opportunity to request an administrative hearing, the sole

purpose of which is to determine if the substantiated

finding warrants reporting to the Registry. Notice to the

employee shall contain a clear and concise statement of

the grounds on which the report to the Registry is based,

offer the employee an opportunity for a hearing, and

identify the process for requesting such a hearing. Notice

is sufficient if provided by certified mail to the

employee's last known address. If the employee fails to

request a hearing within 30 days from the date of the

notice, the Inspector General shall report the name of the

employee to the Registry. Nothing in this subdivision

(s)(2) shall diminish or impair the rights of a person who

is a member of a collective bargaining unit under the

Illinois Public Labor Relations Act or under any other

federal labor statute.

(3) Registry hearings. If the employee requests an

administrative hearing, the employee shall be granted an

opportunity to appear before an administrative law judge

to present reasons why the employee's name should not be

reported to the Registry. The Department shall bear the

burden of presenting evidence that establishes, by a

preponderance of the evidence, that the substantiated

finding warrants reporting to the Registry. After

considering all the evidence presented, the administrative

law judge shall make a recommendation to the Secretary as

to whether the substantiated finding warrants reporting

the name of the employee to the Registry. The Secretary

shall render the final decision. The Department and the

employee shall have the right to request that the

administrative law judge consider a stipulated disposition

of these proceedings.

(4) Testimony at Registry hearings. A person who makes

a report or who investigates a report under this Act shall

testify fully in any judicial proceeding resulting from

such a report, as to any evidence of abuse or neglect, or

the cause thereof. No evidence shall be excluded by reason

of any common law or statutory privilege relating to

communications between the alleged perpetrator of abuse or

neglect, or the individual alleged as the victim in the

report, and the person making or investigating the report.

Testimony at hearings is exempt from the confidentiality

requirements of subsection (f) of Section 10 of the Mental

Health and Developmental Disabilities Confidentiality Act.

(5) Employee's rights to collateral action. No

reporting to the Registry shall occur and no hearing shall

be set or proceed if an employee notifies the Inspector

General in writing, including any supporting

documentation, that he or she is formally contesting an

adverse employment action resulting from a substantiated

finding by complaint filed with the Illinois Civil Service

Commission, or which otherwise seeks to enforce the

employee's rights pursuant to any applicable collective

bargaining agreement. If an action taken by an employer

against an employee as a result of a finding of physical

abuse, sexual abuse, or egregious neglect is overturned

through an action filed with the Illinois Civil Service

Commission or under any applicable collective bargaining

agreement and if that employee's name has already been

sent to the Registry, the employee's name shall be removed

from the Registry.

(6) Removal from Registry. At any time after the

report to the Registry, but no more than once in any

12-month period, an employee may petition the Department

in writing to remove his or her name from the Registry.

Upon receiving notice of such request, the Inspector

General shall conduct an investigation into the petition.

Upon receipt of such request, an administrative hearing

will be set by the Department. At the hearing, the

employee shall bear the burden of presenting evidence that

establishes, by a preponderance of the evidence, that

removal of the name from the Registry is in the public

interest. The parties may jointly request that the

administrative law judge consider a stipulated disposition

of these proceedings.

(t) Review of Administrative Decisions. The Department

shall preserve a record of all proceedings at any formal

hearing conducted by the Department involving Health Care

Worker Registry hearings. Final administrative decisions of

the Department are subject to judicial review pursuant to

provisions of the Administrative Review Law.

(u) Quality Care Board. There is created, within the

Office of the Inspector General, a Quality Care Board to be

composed of 7 members appointed by the Governor with the

advice and consent of the Senate. One of the members shall be

designated as chairman by the Governor. Of the initial

appointments made by the Governor, 4 Board members shall each

be appointed for a term of 4 years and 3 members shall each be

appointed for a term of 2 years. Upon the expiration of each

member's term, a successor shall be appointed for a term of 4

years. In the case of a vacancy in the office of any member,

the Governor shall appoint a successor for the remainder of

the unexpired term.

Members appointed by the Governor shall be qualified by

professional knowledge or experience in the area of law,

investigatory techniques, or in the area of care of the

mentally ill or care of persons with developmental

disabilities. Two members appointed by the Governor shall be

persons with a disability or parents of persons with a

disability. Members shall serve without compensation, but

shall be reimbursed for expenses incurred in connection with

the performance of their duties as members.

The Board shall meet quarterly, and may hold other

meetings on the call of the chairman. Four members shall

constitute a quorum allowing the Board to conduct its

business. The Board may adopt rules and regulations it deems

necessary to govern its own procedures.

The Board shall monitor and oversee the operations,

policies, and procedures of the Inspector General to ensure

the prompt and thorough investigation of allegations of

neglect and abuse. In fulfilling these responsibilities, the

Board may do the following:

(1) Provide independent, expert consultation to the

Inspector General on policies and protocols for

investigations of alleged abuse, neglect, or both abuse

and neglect.

(2) Review existing regulations relating to the

operation of facilities.

(3) Advise the Inspector General as to the content of

training activities authorized under this Section.

(4) Recommend policies concerning methods for

improving the intergovernmental relationships between the

Office of the Inspector General and other State or federal

offices.

(v) Annual report. The Inspector General shall provide to

the General Assembly and the Governor, no later than January 1

of each year, a summary of reports and investigations made

under this Act for the prior fiscal year with respect to

individuals receiving mental health or developmental

disabilities services. The report shall detail the imposition

of sanctions, if any, and the final disposition of any

corrective or administrative action directed by the Secretary.

The summaries shall not contain any confidential or

identifying information of any individual, but shall include

objective data identifying any trends in the number of

reported allegations, the timeliness of the Office of the

Inspector General's investigations, and their disposition, for

each facility and Department-wide, for the most recent 3-year

time period. The report shall also identify, by facility, the

staff-to-patient ratios taking account of direct care staff

only. The report shall also include detailed recommended

administrative actions and matters for consideration by the

General Assembly.

(w) Program audit. The Auditor General shall conduct a

program audit of the Office of the Inspector General on an

as-needed basis, as determined by the Auditor General. The

audit shall specifically include the Inspector General's

compliance with the Act and effectiveness in investigating

reports of allegations occurring in any facility or agency.

The Auditor General shall conduct the program audit according

to the provisions of the Illinois State Auditing Act and shall

report its findings to the General Assembly no later than

January 1 following the audit period.

(x) Nothing in this Section shall be construed to mean

that an individual is a victim of abuse or neglect because of

health care services appropriately provided or not provided by

health care professionals.

(y) Nothing in this Section shall require a facility,

including its employees, agents, medical staff members, and

health care professionals, to provide a service to an

individual in contravention of that individual's stated or

implied objection to the provision of that service on the

ground that that service conflicts with the individual's

religious beliefs or practices, nor shall the failure to

provide a service to an individual be considered abuse under

this Section if the individual has objected to the provision

of that service based on his or her religious beliefs or

practices.

(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;

102-883, eff. 5-13-22; 102-1071, eff. 6-10-22; revised

7-26-22.)

(20 ILCS 1305/1-75)

Sec. 1-75. Off-Hours Child Care Program.

(a) Legislative intent. The General Assembly finds that:

(1) Finding child care can be a challenge for

firefighters, paramedics, police officers, nurses, and

other third shift workers across the State who often work

non-typical work hours. This can impact home life, school,

bedtime routines, job safety, and the mental health of

some of our most critical front line workers and their

families.

(2) There is a need for increased options for

off-hours child care in the State. A majority of the

State's child care facilities do not provide care outside

of normal work hours, with just 3,251 day care homes and

435 group day care homes that provide night care.

(3) Illinois has a vested interest in ensuring that

our first responders and working families can provide

their children with appropriate care during off hours to

improve the morale of existing first responders and to

improve recruitment into the future.

(b) As used in this Section, "first responders" means

emergency medical services personnel as defined in the

Emergency Medical Services (EMS) Systems Act, firefighters,

law enforcement officers, and, as determined by the

Department, any other workers who, on account of their work

schedule, need child care outside of the hours when licensed

child care facilities typically operate.

(c) Subject to appropriation, the Department of Human

Services shall establish and administer an Off-Hours Child

Care Program to help first responders and other workers

identify and access off-hours, night, or sleep time child

care. Services funded under the program must address the child

care needs of first responders. Funding provided under the

program may also be used to cover any capital and operating

expenses related to the provision of off-hours, night, or

sleep time child care for first responders. Funding awarded

under this Section shall be funded through appropriations from

the Off-Hours Child Care Program Fund created under subsection

(d). The Department shall implement the program by July 1,

2023. The Department may adopt any rules necessary to

implement the program.

(d) The Off-Hours Child Care Program Fund is created as a

special fund in the State treasury. The Fund shall consist of

any moneys appropriated to the Department of Human Services

for the Off-Hours Child Care Program. Moneys in the Fund shall

be expended for the Off-Hours Child Care Program and for no

other purpose. All interest earned on moneys in the Fund shall

be deposited into the Fund.

(Source: P.A. 102-912, eff. 5-27-22.)

(20 ILCS 1305/1-80)

Sec. 1-80 1-75. Homeless services and supportive housing;

veterans data. The Department's Bureau of Homeless Services

and Supportive Housing within the Office of Family Support

Services shall annually review and collect data on the number

of military veterans receiving services or benefits under the

Emergency and Transitional Housing Program, the Emergency Food

Program, the Homeless Prevention Program, the Supporting

Housing Program, and the Prince Home at Manteno administered

by the Department of Veterans' Affairs. The Bureau may request

and receive the cooperation of the Department of Veterans'

Affairs and any other State agency that is relevant to the

collection of the data required under this Section. The Bureau

shall annually submit to the General Assembly a written report

that details the number of military veterans served under each

program no later than December 31, 2023 and every December 31

thereafter.

(Source: P.A. 102-961, eff. 1-1-23; revised 12-29-22.)

Section 95. The Mental Health and Developmental

Disabilities Administrative Act is amended by changing Section

74 as follows:

(20 ILCS 1705/74)

Sec. 74. Rates and reimbursements.

(a) Within 30 days after July 6, 2017 (the effective date

of Public Act 100-23), the Department shall increase rates and

reimbursements to fund a minimum of a $0.75 per hour wage

increase for front-line personnel, including, but not limited

to, direct support professionals, aides, front-line

supervisors, qualified intellectual disabilities

professionals, nurses, and non-administrative support staff

working in community-based provider organizations serving

individuals with developmental disabilities. The Department

shall adopt rules, including emergency rules under subsection

(y) of Section 5-45 of the Illinois Administrative Procedure

Act, to implement the provisions of this Section.

(b) Rates and reimbursements. Within 30 days after June 4,

2018 (the effective date of Public Act 100-587) this

amendatory Act of the 100th General Assembly, the Department

shall increase rates and reimbursements to fund a minimum of a

$0.50 per hour wage increase for front-line personnel,

including, but not limited to, direct support professionals,

aides, front-line supervisors, qualified intellectual

disabilities professionals, nurses, and non-administrative

support staff working in community-based provider

organizations serving individuals with developmental

disabilities. The Department shall adopt rules, including

emergency rules under subsection (bb) of Section 5-45 of the

Illinois Administrative Procedure Act, to implement the

provisions of this Section.

(c) Rates and reimbursements. Within 30 days after June 5,

2019 (the effective date of Public Act 101-10) this amendatory

Act of the 101st General Assembly, subject to federal

approval, the Department shall increase rates and

reimbursements in effect on June 30, 2019 for community-based

providers for persons with Developmental Disabilities by 3.5%

The Department shall adopt rules, including emergency rules

under subsection (jj) of Section 5-45 of the Illinois

Administrative Procedure Act, to implement the provisions of

this Section, including wage increases for direct care staff.

(d) For community-based providers serving persons with

intellectual/developmental disabilities, subject to federal

approval of any relevant Waiver Amendment, the rates taking

effect for services delivered on or after January 1, 2022,

shall include an increase in the rate methodology sufficient

to provide a $1.50 per hour wage increase for direct support

professionals in residential settings and sufficient to

provide wages for all residential non-executive direct care

staff, excluding direct support professionals, at the federal

Department of Labor, Bureau of Labor Statistics' average wage

as defined in rule by the Department.

The establishment of and any changes to the rate

methodologies for community-based services provided to persons

with intellectual/developmental disabilities are subject to

federal approval of any relevant Waiver Amendment and shall be

defined in rule by the Department. The Department shall adopt

rules, including emergency rules as authorized by Section 5-45

of the Illinois Administrative Procedure Act, to implement the

provisions of this subsection (d).

(e) For community-based providers serving persons with

intellectual/developmental disabilities, subject to federal

approval of any relevant Waiver Amendment, the rates taking

effect for services delivered on or after January 1, 2023,

shall include an increase in the rate methodology sufficient

to provide a $1.00 per hour wage increase for all direct

support professionals personnel and all other frontline

personnel who are not subject to the Bureau of Labor

Statistics' average wage increases, who work in residential

and community day services settings, with at least $0.50 of

those funds to be provided as a direct increase to base wages,

with the remaining $0.50 to be used flexibly for base wage

increases. In addition, the rates taking effect for services

delivered on or after January 1, 2023 shall include an

increase sufficient to provide wages for all residential

non-executive direct care staff, excluding direct support

professionals personnel, at the federal Department of Labor,

Bureau of Labor Statistics' average wage as defined in rule by

the Department.

The establishment of and any changes to the rate

methodologies for community-based services provided to persons

with intellectual/developmental disabilities are subject to

federal approval of any relevant Waiver Amendment and shall be

defined in rule by the Department. The Department shall adopt

rules, including emergency rules as authorized by Section 5-45

of the Illinois Administrative Procedure Act, to implement the

provisions of this subsection.

(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;

102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised

12-13-22.)

Section 100. The Department of Public Health Powers and

Duties Law of the Civil Administrative Code of Illinois is

amended by setting forth, renumbering, and changing multiple

versions of Sections 2310-434 and 2310-710 as follows:

(20 ILCS 2310/2310-434)

Sec. 2310-434. Certified Nursing Assistant Intern Program.

(a) As used in this Section, "facility" means a facility

licensed by the Department under the Nursing Home Care Act,

the MC/DD Act, or the ID/DD Community Care Act or an

establishment licensed under the Assisted Living and Shared

Housing Act.

(b) The Department shall establish or approve a Certified

Nursing Assistant Intern Program to address the increasing

need for trained health care workers and provide additional

pathways for individuals to become certified nursing

assistants. Upon successful completion of the classroom

education and on-the-job training requirements of the Program

required under this Section, an individual may provide, at a

facility, the patient and resident care services determined

under the Program and may perform the procedures listed under

subsection (e).

(c) In order to qualify as a certified nursing assistant

intern, an individual shall successfully complete at least 8

hours of classroom education on the services and procedures

determined under the Program and listed under subsection (e).

The classroom education shall be:

(1) taken within the facility where the certified

nursing assistant intern will be employed;

(2) proctored by either an advanced practice

registered nurse or a registered nurse who holds a

bachelor's degree in nursing, has a minimum of 3 years of

continuous experience in geriatric care, or is certified

as a nursing assistant instructor; and

(3) satisfied by the successful completion of an

approved 8-hour online training course or in-person group

training.

(d) In order to qualify as a certified nursing assistant

intern, an individual shall successfully complete at least 24

hours of on-the-job training in the services and procedures

determined under the Program and listed under subsection (e),

as follows:

(1) The training program instructor shall be either an

advanced practice registered nurse or a registered nurse

who holds a bachelor's degree in nursing, has a minimum of

3 years of continuous experience in geriatric care, or is

certified as a nursing assistant instructor.

(2) The training program instructor shall ensure that

the student meets the competencies determined under the

Program and those listed under subsection (e). The

instructor shall document the successful completion or

failure of the competencies and any remediation that may

allow for the successful completion of the competencies.

(3) All on-the-job training shall be under the direct

observation of either an advanced practice registered

nurse or a registered nurse who holds a bachelor's degree

in nursing, has a minimum of 3 years of continuous

experience in geriatric care, or is certified as a nursing

assistant instructor.

(4) All on-the-job training shall be conducted at a

facility that is licensed by the State of Illinois and

that is the facility where the certified nursing assistant

intern will be working.

(e) A certified nursing assistant intern shall receive

classroom and on-the-job training on how to provide the

patient or resident care services and procedures, as

determined under the Program, that are required of a certified

nursing assistant's performance skills, including, but not

limited to, all of the following:

(1) Successful completion and maintenance of active

certification in both first aid and the American Red

Cross' courses on cardiopulmonary resuscitation.

(2) Infection control and in-service training required

at the facility.

(3) Washing a resident's hands.

(4) Performing oral hygiene on a resident.

(5) Shaving a resident with an electric razor.

(6) Giving a resident a partial bath.

(7) Making a bed that is occupied.

(8) Dressing a resident.

(9) Transferring a resident to a wheelchair using a

gait belt or transfer belt.

(10) Ambulating a resident with a gait belt or

transfer belt.

(11) Feeding a resident.

(12) Calculating a resident's intake and output.

(13) Placing a resident in a side-lying position.

(14) The Heimlich maneuver.

(f) A certified nursing assistant intern may not perform

any of the following on a resident:

(1) Shaving with a nonelectric razor.

(2) Nail care.

(3) Perineal care.

(4) Transfer using a mechanical lift.

(5) Passive range of motion.

(g) A certified nursing assistant intern may only provide

the patient or resident care services and perform the

procedures that he or she is deemed qualified to perform that

are listed under subsection (e). A certified nursing assistant

intern may not provide the procedures excluded under

subsection (f).

(h) The Program is subject to the Health Care Worker

Background Check Act and the Health Care Worker Background

Check Code under 77 Ill. Adm. Code 955. Program participants

and personnel shall be included on the Health Care Worker

Registry.

(i) A Program participant who has completed the training

required under paragraph (5) of subsection (a) of Section

3-206 of the Nursing Home Care Act, has completed the Program

from April 21, 2020 through September 18, 2020, and has shown

competency in all of the performance skills listed under

subsection (e) may be considered a certified nursing assistant

intern once the observing advanced practice registered nurse

or registered nurse educator has confirmed the Program

participant's competency in all of those performance skills.

(j) The requirement under subsection (b) of Section

395.400 of Title 77 of the Illinois Administrative Code that a

student must pass a BNATP written competency examination

within 12 months after the completion of the BNATP does not

apply to a certified nursing assistant intern under this

Section. However, upon a Program participant's enrollment in a

certified nursing assistant course, the requirement under

subsection (b) of Section 395.400 of Title 77 of the Illinois

Administrative Code that a student pass a BNATP written

competency examination within 12 months after completion of

the BNATP program applies.

(k) A certified nursing assistant intern shall enroll in a

certified nursing assistant program within 6 months after

completing his or her certified nursing assistant intern

training under the Program. The individual may continue to

work as a certified nursing assistant intern during his or her

certified nursing assistant training. If the scope of work for

a nurse assistant in training pursuant to 77 Ill. Adm. Code

300.660 is broader in scope than the work permitted to be

performed by a certified nursing assistant intern, then the

certified nursing assistant intern enrolled in certified

nursing assistant training may perform the work allowed under

77. Ill. Adm. Code 300.660 with written documentation that the

certified nursing assistant intern has successfully passed the

competencies necessary to perform such skills. The facility

shall maintain documentation as to the additional jobs and

duties the certified nursing assistant intern is authorized to

perform, which shall be made available to the Department upon

request. The individual shall receive one hour of credit for

every hour employed as a certified nursing assistant intern or

as a temporary nurse assistant, not to exceed 30 hours of

credit, subject to the approval of an accredited certified

nursing assistant training program.

(l) A facility that seeks to train and employ a certified

nursing assistant intern at the facility must:

(1) not have received or applied for a registered

nurse waiver under Section 3-303.1 of the Nursing Home

Care Act, if applicable;

(2) not have been cited for a violation, except a

citation for noncompliance with COVID-19 reporting

requirements, that has caused severe harm to or the death

of a resident within the 2 years prior to employing a

certified nursing assistant; for purposes of this

paragraph, the revocation of the facility's ability to

hire and train a certified nursing assistant intern shall

only occur if the underlying federal citation for the

revocation remains substantiated following an informal

dispute resolution or independent informal dispute

resolution;

(3) not have been cited for a violation that resulted

in a pattern of certified nursing assistants being removed

from the Health Care Worker Registry as a result of

resident abuse, neglect, or exploitation within the 2

years prior to employing a certified nursing assistant

intern;

(4) if the facility is a skilled nursing facility,

meet a minimum staffing ratio of 3.8 hours of nursing and

personal care time, as those terms are used in subsection

(e) of Section 3-202.05 of the Nursing Home Care Act, each

day for a resident needing skilled care and 2.5 hours of

nursing and personal care time each day for a resident

needing intermediate care;

(5) not have lost the ability to offer a Nursing

Assistant Training and Competency Evaluation Program as a

result of an enforcement action;

(6) establish a certified nursing assistant intern

mentoring program within the facility for the purposes of

increasing education and retention, which must include an

experienced certified nurse assistant who has at least 3

years of active employment and is employed by the

facility;

(7) not have a monitor or temporary management placed

upon the facility by the Department;

(8) not have provided the Department with a notice of

imminent closure; and

(9) not have had a termination action initiated by the

federal Centers for Medicare and Medicaid Services or the

Department for failing to comply with minimum regulatory

or licensure requirements.

(m) A facility that does not meet the requirements of

subsection (l) shall cease its new employment training,

education, or onboarding of any employee under the Program.

The facility may resume its new employment training,

education, or onboarding of an employee under the Program once

the Department determines that the facility is in compliance

with subsection (l).

(n) To study the effectiveness of the Program, the

Department shall collect data from participating facilities

and publish a report on the extent to which the Program brought

individuals into continuing employment as certified nursing

assistants in long-term care. Data collected from facilities

shall include, but shall not be limited to, the number of

certified nursing assistants employed, the number of persons

who began participation in the Program, the number of persons

who successfully completed the Program, and the number of

persons who continue employment in a long-term care service or

facility. The report shall be published no later than 6 months

after the Program end date determined under subsection (p). A

facility participating in the Program shall, twice annually,

submit data under this subsection in a manner and time

determined by the Department. Failure to submit data under

this subsection shall result in suspension of the facility's

Program.

(o) The Department may adopt emergency rules in accordance

with Section 5-45.30 5-45.21 of the Illinois Administrative

Procedure Act.

(p) The Program shall end upon the termination of the

Secretary of Health and Human Services' public health

emergency declaration for COVID-19 or 3 years after the date

that the Program becomes operational, whichever occurs later.

(q) This Section is inoperative 18 months after the

Program end date determined under subsection (p).

(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)

(20 ILCS 2310/2310-436)

Sec. 2310-436 2310-434. Homeless service providers.

(a) In this Section, "homeless service provider" means a

person or entity who provides services to homeless persons

under any of the programs of or identified by the Department of

Human Services.

(b) The Department shall consider all homeless service

providers in the State to be essential critical infrastructure

workers in accordance with the most recent guidance from the

federal Cybersecurity and Infrastructure Security Agency. The

Department shall ensure that homeless service providers

qualify for the same priority benefits afforded to frontline

workers by the State, including, but not limited to:

(1) federal funding for relief relating to public

health emergencies;

(2) personal protective equipment; and

(3) vaccinations.

(c) In accordance with this Section, during a federally

designated federally-designated public health emergency or a

public health disaster declared by a proclamation issued by

the Governor under Section 7 of the Illinois Emergency

Management Agency Act, the Department and the Illinois

Emergency Management Agency shall offer recommendations to

their local counterparts, including local public health

departments and local emergency management assistance

agencies, encouraging them to consider homeless service

providers when making determinations about providing

assistance.

(d) The Department may adopt rules for the implementation

and administration of this Section and to ensure that homeless

service providers are considered essential critical

infrastructure workers in the event of a pandemic.

(Source: P.A. 102-919, eff. 5-27-22; revised 7-26-22.)

(20 ILCS 2310/2310-437)

Sec. 2310-437 2310-434. Governors State University; stroke

awareness campaign.

(a) Subject to appropriation, the Department shall partner

with Governors State University's College of Health and Human

Services, and any additional partnership that may be

necessary, in establishing a 12-month outreach and educational

campaign focused on promoting the following:

(1) Stroke awareness for select communities determined

by the Department to be at risk for strokes, particularly

within Chicago's Southland community.

(2) Stroke recognition and prevention strategies.

(3) Access to reliable sources of information about

strokes.

(b) An amount of the moneys appropriated to the Department

under subsection (a) shall be made available to the Governors

State University's College of Health and Human Services in an

amount to be mutually agreed upon between the Governors State

University's College of Health and Human Services and the

Department.

(Source: P.A. 102-1070, eff. 1-1-23; revised 7-26-22.)

(20 ILCS 2310/2310-710)

Sec. 2310-710. Emergency Medical Services personnel;

continuing training on Alzheimer's disease and other

dementias.

(a) In this Section, "Emergency Medical Services

personnel" means a person licensed or registered under any of

the levels of licensure defined in Section 3.50 of the

Emergency Medical Services (EMS) Systems Act, including, but

not limited to, Emergency Medical Technician, Emergency

Medical Technician-Intermediate, Advanced Emergency Medical

Technician, Paramedic (EMT-P), or Emergency Medical Responder.

(b) For license renewals occurring on or after January 1,

2023, Emergency Medical Services personnel must complete at

least one one-hour course of training on the diagnosis,

treatment, and care of individuals with Alzheimer's disease or

other dementias per license renewal period. This training

shall include, but not be limited to, assessment and

diagnosis, effective communication strategies, and management

and care planning.

(c) Emergency Medical Services personnel may count one

hour for completion of the course toward meeting the minimum

credit hours required for Emergency Medical Services personnel

relicensure requirements.

(d) Any training on Alzheimer's disease and other

dementias applied to meet any other State licensure

requirement, professional accreditation or certification

requirement, or health care institutional practice agreement

may count toward the continuing education required under this

Section.

(e) The Department may adopt rules for the implementation

of this Section.

(Source: P.A. 102-772, eff. 5-13-22.)

(20 ILCS 2310/2310-715)

Sec. 2310-715 2310-710. Safety-Net Hospital Health Equity

and Access Leadership (HEAL) Grant Program.

(a) Findings. The General Assembly finds that there are

communities in Illinois that experience significant health

care disparities, as recently emphasized by the COVID-19

pandemic, aggravated by social determinants of health and a

lack of sufficient access to high quality health care

healthcare resources, particularly community-based services,

preventive care, obstetric care, chronic disease management,

and specialty care. Safety-net hospitals, as defined under the

Illinois Public Aid Code, serve as the anchors of the health

care system for many of these communities. Safety-net

hospitals not only care for their patients, they also are

rooted in their communities by providing jobs and partnering

with local organizations to help address the social

determinants of health, such as food, housing, and

transportation needs.

However, safety-net hospitals serve a significant number

of Medicare, Medicaid, and uninsured patients, and therefore,

are heavily dependent on underfunded government payers, and

are heavily burdened by uncompensated care. At the same time,

the overall cost of providing care has increased substantially

in recent years, driven by increasing costs for staffing,

prescription drugs, technology, and infrastructure.

For all of these reasons, the General Assembly finds that

the long-term long term sustainability of safety-net hospitals

is threatened. While the General Assembly is providing funding

to the Department to be paid to support the expenses of

specific safety-net hospitals in State Fiscal Year 2023, such

annual, ad hoc funding is not a reliable and stable source of

funding that will enable safety-net hospitals to develop

strategies to achieve long term sustainability. Such annual,

ad hoc funding also does not provide the State with

transparency and accountability to ensure that such funding is

being used effectively and efficiently to maximize the benefit

to members of the community.

Therefore, it is the intent of the General Assembly that

the Department of Public Health and the Department of

Healthcare and Family Services jointly provide options and

recommendations to the General Assembly by February 1, 2023,

for the establishment of a permanent Safety-Net Hospital

Health Equity and Access Leadership (HEAL) Grant Program, in

accordance with this Section. It is the intention of the

General Assembly that during State fiscal years 2024 through

2029, the Safety-Net Hospital Health Equity and Access

Leadership (HEAL) Grant Program shall be supported by an

annual funding pool of up to $100,000,000, subject to

appropriation.

(b) By February 1, 2023, the Department of Public Health

and the Department of Healthcare and Family Services shall

provide a joint report to the General Assembly on options and

recommendations for the establishment of a permanent

Safety-Net Hospital Health Equity and Access Leadership (HEAL)

Grant Program to be administered by the State. For this

report, "safety-net hospital" means a hospital identified by

the Department of Healthcare and Family Services under Section

5-5e.1 of the Illinois Public Aid Code. The Departments of

Public Health and Healthcare and Family Services may consult

with the statewide association representing a majority of

hospitals and safety-net hospitals on the report. The report

may include, but need not be limited to:

(1) Criteria for a safety-net hospital to be eligible

for the program, such as:

(A) The hospital is a participating provider in at

least one Medicaid managed care plan.

(B) The hospital is located in a medically

underserved area.

(C) The hospital's Medicaid utilization rate (for

both inpatient and outpatient services).

(D) The hospital's Medicare utilization rate (for

both inpatient and outpatient services).

(E) The hospital's uncompensated care percentage.

(F) The hospital's role in providing access to

services, reducing health disparities, and improving

health equity in its service area.

(G) The hospital's performance on quality

indicators.

(2) Potential projects eligible for grant funds which

may include projects to reduce health disparities, advance

health equity, or improve access to or the quality of

health care healthcare services.

(3) Potential policies, standards, and procedures to

ensure accountability for the use of grant funds.

(4) Potential strategies to generate federal Medicaid

matching funds for expenditures under the program.

(5) Potential policies, processes, and procedures for

the administration of the program.

(Source: P.A. 102-886, eff. 5-17-22; revised 5-26-22.)

Section 105. The Illinois State Police Act is amended by

changing Sections 9, 12.6, and 46 as follows:

(20 ILCS 2610/9) (from Ch. 121, par. 307.9)

Sec. 9. Appointment; qualifications.

(a) Except as otherwise provided in this Section, the

appointment of Illinois State Police officers shall be made

from those applicants who have been certified by the Board as

being qualified for appointment. All persons so appointed

shall, at the time of their appointment, be not less than 21

years of age, or 20 years of age and have successfully

completed an associate's degree or 60 credit hours at an

accredited college or university. Any person appointed

subsequent to successful completion of an associate's degree

or 60 credit hours at an accredited college or university

shall not have power of arrest, nor shall he or she be

permitted to carry firearms, until he or she reaches 21 years

of age. In addition, all persons so certified for appointment

shall be of sound mind and body, be of good moral character, be

citizens of the United States, have no criminal records,

possess such prerequisites of training, education, and

experience as the Board may from time to time prescribe so long

as persons who have an associate's degree or 60 credit hours at

an accredited college or university are not disqualified, and

shall be required to pass successfully such mental and

physical tests and examinations as may be prescribed by the

Board. All persons who meet one of the following requirements

are deemed to have met the collegiate educational

requirements:

(i) have been honorably discharged and who have been

awarded a Southwest Asia Service Medal, Kosovo Campaign

Medal, Korean Defense Service Medal, Afghanistan Campaign

Medal, Iraq Campaign Medal, or Global War on Terrorism

Expeditionary Medal by the United States Armed Forces;

(ii) are active members of the Illinois National Guard

or a reserve component of the United States Armed Forces

and who have been awarded a Southwest Asia Service Medal,

Kosovo Campaign Medal, Korean Defense Service Medal,

Afghanistan Campaign Medal, Iraq Campaign Medal, or Global

War on Terrorism Expeditionary Medal as a result of

honorable service during deployment on active duty;

(iii) have been honorably discharged who served in a

combat mission by proof of hostile fire pay or imminent

danger pay during deployment on active duty; or

(iv) have at least 3 years of full active and

continuous military duty and received an honorable

discharge before hiring.

Preference shall be given in such appointments to persons

who have honorably served in the military or naval services of

the United States. All appointees shall serve a probationary

period of 12 months from the date of appointment and during

that period may be discharged at the will of the Director.

However, the Director may in his or her sole discretion extend

the probationary period of an officer up to an additional 6

months when to do so is deemed in the best interest of the

Illinois State Police. Nothing in this subsection (a) limits

the Board's ability to prescribe education prerequisites or

requirements to certify Illinois State Police officers for

promotion as provided in Section 10 of this Act.

(b) Notwithstanding the other provisions of this Act,

after July 1, 1977 and before July 1, 1980, the Director of

State Police may appoint and promote not more than 20 persons

having special qualifications as special agents as he or she

deems necessary to carry out the Department's objectives. Any

such appointment or promotion shall be ratified by the Board.

(c) During the 90 days following March 31, 1995 (the

effective date of Public Act 89-9), the Director of State

Police may appoint up to 25 persons as State Police officers.

These appointments shall be made in accordance with the

requirements of this subsection (c) and any additional

criteria that may be established by the Director, but are not

subject to any other requirements of this Act. The Director

may specify the initial rank for each person appointed under

this subsection.

All appointments under this subsection (c) shall be made

from personnel certified by the Board. A person certified by

the Board and appointed by the Director under this subsection

must have been employed by the Illinois Commerce Commission on

November 30, 1994 in a job title subject to the Personnel Code

and in a position for which the person was eligible to earn

"eligible creditable service" as a "noncovered employee", as

those terms are defined in Article 14 of the Illinois Pension

Code.

Persons appointed under this subsection (c) shall

thereafter be subject to the same requirements and procedures

as other State police officers. A person appointed under this

subsection must serve a probationary period of 12 months from

the date of appointment, during which he or she may be

discharged at the will of the Director.

This subsection (c) does not affect or limit the

Director's authority to appoint other State Police officers

under subsection (a) of this Section.

(d) During the 180 days following January 1, 2022 (the

effective date of Public Act 101-652), the Director of the

Illinois State Police may appoint current Illinois State

Police employees serving in law enforcement officer positions

previously within Central Management Services as State Police

officers. These appointments shall be made in accordance with

the requirements of this subsection (d) and any institutional

criteria that may be established by the Director, but are not

subject to any other requirements of this Act. All

appointments under this subsection (d) shall be made from

personnel certified by the Board. A person certified by the

Board and appointed by the Director under this subsection must

have been employed by the a State agency, board, or commission

on January 1, 2021 in a job title subject to the Personnel Code

and in a position for which the person was eligible to earn

"eligible creditable service" as a "noncovered employee", as

those terms are defined in Article 14 of the Illinois Pension

Code. Persons appointed under this subsection (d) shall

thereafter be subject to the same requirements, and subject to

the same contractual benefits and obligations, as other State

police officers. This subsection (d) does not affect or limit

the Director's authority to appoint other State Police

officers under subsection (a) of this Section.

(e) The Merit Board shall review Illinois State Police

Cadet applicants. The Illinois State Police may provide

background check and investigation material to the Board for

its review pursuant to this Section. The Board shall approve

and ensure that no cadet applicant is certified unless the

applicant is a person of good character and has not been

convicted of, or entered a plea of guilty to, a felony offense,

any of the misdemeanors specified in this Section or if

committed in any other state would be an offense similar to

Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,

11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,

17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in

violation of any Section of Part E of Title III of the Criminal

Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of

the Criminal Code of 1961 or the Criminal Code of 2012, or

subsection (a) of Section 17-32 of the Criminal Code of 1961 or

the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis

Control Act, or any felony or misdemeanor in violation of

federal law or the law of any state that is the equivalent of

any of the offenses specified therein. The Officer

Professional Conduct Database, provided for in Section 9.2 of

the Illinois Police Training Act, shall be searched as part of

this process. For purposes of this Section, "convicted of, or

entered a plea of guilty" regardless of whether the

adjudication of guilt or sentence is withheld or not entered

thereon. This includes sentences of supervision, conditional

discharge, or first offender probation, or any similar

disposition provided for by law.

(f) The Board shall by rule establish an application fee

waiver program for any person who meets one or more of the

following criteria:

(1) his or her available personal income is 200% or

less of the current poverty level; or

(2) he or she is, in the discretion of the Board,

unable to proceed in an action with payment of application

fee and payment of that fee would result in substantial

hardship to the person or the person's family.

(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;

102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff.

5-13-22; revised 8-24-22.)

(20 ILCS 2610/12.6)

Sec. 12.6. Automatic termination of Illinois State Police

officers. The Board shall terminate a State police officer

convicted of a felony offense under the laws of this State or

any other state which if committed in this State would be

punishable as a felony. The Board must also terminate Illinois

State Police officers who were convicted of, or entered a plea

of guilty to, on or after January 1, 2022 (the effective date

of Public Act 101-652) this amendatory Act of the 101st

General Assembly, any misdemeanor specified in this Section or

if committed in any other state would be an offense similar to

Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,

11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,

17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in

violation of any Section of Part E of Title III of the Criminal

Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of

the Criminal Code of 1961 or the Criminal Code of 2012, or

subsection (a) of Section 17-32 of the Criminal Code of 1961 or

the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis

Control Act, or any felony or misdemeanor in violation of

federal law or the law of any state that is the equivalent of

any of the offenses specified therein. The Illinois State

Police Merit Board shall report terminations under this

Section to the Officer Professional Conduct Database provided

in Section 9.2 of the Illinois Police Training Act. For

purposes of this Section, "convicted of, or entered a plea of

guilty" regardless of whether the adjudication of guilt or

sentence is withheld or not entered thereon. This includes

sentences of supervision, conditional discharge, or first

offender probation, or any similar disposition provided for by

law.

(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22;

102-813, eff. 5-13-22; revised 8-25-22.)

(20 ILCS 2610/46)

Sec. 46. Officer Professional Conduct Database; reporting,

transparency.

(a) The Illinois State Police Merit Board shall be

responsible for reporting all required information contained

in the Officer Professional Conduct Database provided in

Section 9.2 of the Illinois Police Training Act.

(b) Before the Illinois State Police Merit Board certifies

any Illinois State Police Cadet the Board shall conduct a

search of all Illinois State Police Cadet applicants in the

Officer Professional Conduct Database.

(c) The database, documents, materials, or other

information in the possession or control of the Board that are

obtained by or disclosed to the Board pursuant to this

subsection shall be confidential by law and privileged, shall

not be subject to subpoena, and shall not be subject to

discovery or admissible in evidence in any private civil

action. However, the Board is authorized to use such

documents, materials, or other information in furtherance of

any regulatory or legal action brought as part of the Board's

official duties. Unless otherwise required by law, the Board

shall not disclose the database or make such documents,

materials, or other information public without the prior

written consent of the law enforcement agency and the law

enforcement officer. The Board nor any person who received

documents, materials or other information shared pursuant to

this subsection shall be required to testify in any private

civil action concerning the database or any confidential

documents, materials, or information subject to this

subsection.

Nothing in this Section shall exempt a law enforcement

agency from which the Board has obtained data, documents,

materials, or other information or that has disclosed data,

documents, materials, or other information to the Board from

disclosing public records in accordance with the Freedom of

Information Act.

(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22;

102-813, eff. 5-13-22; revised 8-24-22.)

Section 110. The Criminal Identification Act is amended by

changing Section 5.2 as follows:

(20 ILCS 2630/5.2)

Sec. 5.2. Expungement, sealing, and immediate sealing.

(a) General Provisions.

(1) Definitions. In this Act, words and phrases have

the meanings set forth in this subsection, except when a

particular context clearly requires a different meaning.

(A) The following terms shall have the meanings

ascribed to them in the following Sections of the

Unified Code of Corrections:

Business Offense, Section 5-1-2.

Charge, Section 5-1-3.

Court, Section 5-1-6.

Defendant, Section 5-1-7.

Felony, Section 5-1-9.

Imprisonment, Section 5-1-10.

Judgment, Section 5-1-12.

Misdemeanor, Section 5-1-14.

Offense, Section 5-1-15.

Parole, Section 5-1-16.

Petty Offense, Section 5-1-17.

Probation, Section 5-1-18.

Sentence, Section 5-1-19.

Supervision, Section 5-1-21.

Victim, Section 5-1-22.

(B) As used in this Section, "charge not initiated

by arrest" means a charge (as defined by Section 5-1-3

of the Unified Code of Corrections) brought against a

defendant where the defendant is not arrested prior to

or as a direct result of the charge.

(C) "Conviction" means a judgment of conviction or

sentence entered upon a plea of guilty or upon a

verdict or finding of guilty of an offense, rendered

by a legally constituted jury or by a court of

competent jurisdiction authorized to try the case

without a jury. An order of supervision successfully

completed by the petitioner is not a conviction. An

order of qualified probation (as defined in subsection

(a)(1)(J)) successfully completed by the petitioner is

not a conviction. An order of supervision or an order

of qualified probation that is terminated

unsatisfactorily is a conviction, unless the

unsatisfactory termination is reversed, vacated, or

modified and the judgment of conviction, if any, is

reversed or vacated.

(D) "Criminal offense" means a petty offense,

business offense, misdemeanor, felony, or municipal

ordinance violation (as defined in subsection

(a)(1)(H)). As used in this Section, a minor traffic

offense (as defined in subsection (a)(1)(G)) shall not

be considered a criminal offense.

(E) "Expunge" means to physically destroy the

records or return them to the petitioner and to

obliterate the petitioner's name from any official

index or public record, or both. Nothing in this Act

shall require the physical destruction of the circuit

court file, but such records relating to arrests or

charges, or both, ordered expunged shall be impounded

as required by subsections (d)(9)(A)(ii) and

(d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means

the sentence, order of supervision, or order of

qualified probation (as defined by subsection

(a)(1)(J)), for a criminal offense (as defined by

subsection (a)(1)(D)) that terminates last in time in

any jurisdiction, regardless of whether the petitioner

has included the criminal offense for which the

sentence or order of supervision or qualified

probation was imposed in his or her petition. If

multiple sentences, orders of supervision, or orders

of qualified probation terminate on the same day and

are last in time, they shall be collectively

considered the "last sentence" regardless of whether

they were ordered to run concurrently.

(G) "Minor traffic offense" means a petty offense,

business offense, or Class C misdemeanor under the

Illinois Vehicle Code or a similar provision of a

municipal or local ordinance.

(G-5) "Minor Cannabis Offense" means a violation

of Section 4 or 5 of the Cannabis Control Act

concerning not more than 30 grams of any substance

containing cannabis, provided the violation did not

include a penalty enhancement under Section 7 of the

Cannabis Control Act and is not associated with an

arrest, conviction or other disposition for a violent

crime as defined in subsection (c) of Section 3 of the

Rights of Crime Victims and Witnesses Act.

(H) "Municipal ordinance violation" means an

offense defined by a municipal or local ordinance that

is criminal in nature and with which the petitioner

was charged or for which the petitioner was arrested

and released without charging.

(I) "Petitioner" means an adult or a minor

prosecuted as an adult who has applied for relief

under this Section.

(J) "Qualified probation" means an order of

probation under Section 10 of the Cannabis Control

Act, Section 410 of the Illinois Controlled Substances

Act, Section 70 of the Methamphetamine Control and

Community Protection Act, Section 5-6-3.3 or 5-6-3.4

of the Unified Code of Corrections, Section

12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

those provisions existed before their deletion by

Public Act 89-313), Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section

40-10 of the Substance Use Disorder Act, or Section 10

of the Steroid Control Act. For the purpose of this

Section, "successful completion" of an order of

qualified probation under Section 10-102 of the

Illinois Alcoholism and Other Drug Dependency Act and

Section 40-10 of the Substance Use Disorder Act means

that the probation was terminated satisfactorily and

the judgment of conviction was vacated.

(K) "Seal" means to physically and electronically

maintain the records, unless the records would

otherwise be destroyed due to age, but to make the

records unavailable without a court order, subject to

the exceptions in Sections 12 and 13 of this Act. The

petitioner's name shall also be obliterated from the

official index required to be kept by the circuit

court clerk under Section 16 of the Clerks of Courts

Act, but any index issued by the circuit court clerk

before the entry of the order to seal shall not be

affected.

(L) "Sexual offense committed against a minor"

includes, but is not limited to, the offenses of

indecent solicitation of a child or criminal sexual

abuse when the victim of such offense is under 18 years

of age.

(M) "Terminate" as it relates to a sentence or

order of supervision or qualified probation includes

either satisfactory or unsatisfactory termination of

the sentence, unless otherwise specified in this

Section. A sentence is terminated notwithstanding any

outstanding financial legal obligation.

(2) Minor Traffic Offenses. Orders of supervision or

convictions for minor traffic offenses shall not affect a

petitioner's eligibility to expunge or seal records

pursuant to this Section.

(2.5) Commencing 180 days after July 29, 2016 (the

effective date of Public Act 99-697), the law enforcement

agency issuing the citation shall automatically expunge,

on or before January 1 and July 1 of each year, the law

enforcement records of a person found to have committed a

civil law violation of subsection (a) of Section 4 of the

Cannabis Control Act or subsection (c) of Section 3.5 of

the Drug Paraphernalia Control Act in the law enforcement

agency's possession or control and which contains the

final satisfactory disposition which pertain to the person

issued a citation for that offense. The law enforcement

agency shall provide by rule the process for access,

review, and to confirm the automatic expungement by the

law enforcement agency issuing the citation. Commencing

180 days after July 29, 2016 (the effective date of Public

Act 99-697), the clerk of the circuit court shall expunge,

upon order of the court, or in the absence of a court order

on or before January 1 and July 1 of each year, the court

records of a person found in the circuit court to have

committed a civil law violation of subsection (a) of

Section 4 of the Cannabis Control Act or subsection (c) of

Section 3.5 of the Drug Paraphernalia Control Act in the

clerk's possession or control and which contains the final

satisfactory disposition which pertain to the person

issued a citation for any of those offenses.

(3) Exclusions. Except as otherwise provided in

subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

of this Section, the court shall not order:

(A) the sealing or expungement of the records of

arrests or charges not initiated by arrest that result

in an order of supervision for or conviction of: (i)

any sexual offense committed against a minor; (ii)

Section 11-501 of the Illinois Vehicle Code or a

similar provision of a local ordinance; or (iii)

Section 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, unless the

arrest or charge is for a misdemeanor violation of

subsection (a) of Section 11-503 or a similar

provision of a local ordinance, that occurred prior to

the offender reaching the age of 25 years and the

offender has no other conviction for violating Section

11-501 or 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance.

(B) the sealing or expungement of records of minor

traffic offenses (as defined in subsection (a)(1)(G)),

unless the petitioner was arrested and released

without charging.

(C) the sealing of the records of arrests or

charges not initiated by arrest which result in an

order of supervision or a conviction for the following

offenses:

(i) offenses included in Article 11 of the

Criminal Code of 1961 or the Criminal Code of 2012

or a similar provision of a local ordinance,

except Section 11-14 and a misdemeanor violation

of Section 11-30 of the Criminal Code of 1961 or

the Criminal Code of 2012, or a similar provision

of a local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

26-5, or 48-1 of the Criminal Code of 1961 or the

Criminal Code of 2012, or a similar provision of a

local ordinance;

(iii) Section Sections 12-3.1 or 12-3.2 of the

Criminal Code of 1961 or the Criminal Code of

2012, or Section 125 of the Stalking No Contact

Order Act, or Section 219 of the Civil No Contact

Order Act, or a similar provision of a local

ordinance;

(iv) Class A misdemeanors or felony offenses

under the Humane Care for Animals Act; or

(v) any offense or attempted offense that

would subject a person to registration under the

Sex Offender Registration Act.

(D) (blank).

(b) Expungement.

(1) A petitioner may petition the circuit court to

expunge the records of his or her arrests and charges not

initiated by arrest when each arrest or charge not

initiated by arrest sought to be expunged resulted in: (i)

acquittal, dismissal, or the petitioner's release without

charging, unless excluded by subsection (a)(3)(B); (ii) a

conviction which was vacated or reversed, unless excluded

by subsection (a)(3)(B); (iii) an order of supervision and

such supervision was successfully completed by the

petitioner, unless excluded by subsection (a)(3)(A) or

(a)(3)(B); or (iv) an order of qualified probation (as

defined in subsection (a)(1)(J)) and such probation was

successfully completed by the petitioner.

(1.5) When a petitioner seeks to have a record of

arrest expunged under this Section, and the offender has

been convicted of a criminal offense, the State's Attorney

may object to the expungement on the grounds that the

records contain specific relevant information aside from

the mere fact of the arrest.

(2) Time frame for filing a petition to expunge.

(A) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an acquittal,

dismissal, the petitioner's release without charging,

or the reversal or vacation of a conviction, there is

no waiting period to petition for the expungement of

such records.

(B) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

supervision, successfully completed by the petitioner,

the following time frames will apply:

(i) Those arrests or charges that resulted in

orders of supervision under Section 3-707, 3-708,

3-710, or 5-401.3 of the Illinois Vehicle Code or

a similar provision of a local ordinance, or under

Section 11-1.50, 12-3.2, or 12-15 of the Criminal

Code of 1961 or the Criminal Code of 2012, or a

similar provision of a local ordinance, shall not

be eligible for expungement until 5 years have

passed following the satisfactory termination of

the supervision.

(i-5) Those arrests or charges that resulted

in orders of supervision for a misdemeanor

violation of subsection (a) of Section 11-503 of

the Illinois Vehicle Code or a similar provision

of a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the

offender has no other conviction for violating

Section 11-501 or 11-503 of the Illinois Vehicle

Code or a similar provision of a local ordinance

shall not be eligible for expungement until the

petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in

orders of supervision for any other offenses shall

not be eligible for expungement until 2 years have

passed following the satisfactory termination of

the supervision.

(C) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

qualified probation, successfully completed by the

petitioner, such records shall not be eligible for

expungement until 5 years have passed following the

satisfactory termination of the probation.

(3) Those records maintained by the Illinois State

Police for persons arrested prior to their 17th birthday

shall be expunged as provided in Section 5-915 of the

Juvenile Court Act of 1987.

(4) Whenever a person has been arrested for or

convicted of any offense, in the name of a person whose

identity he or she has stolen or otherwise come into

possession of, the aggrieved person from whom the identity

was stolen or otherwise obtained without authorization,

upon learning of the person having been arrested using his

or her identity, may, upon verified petition to the chief

judge of the circuit wherein the arrest was made, have a

court order entered nunc pro tunc by the Chief Judge to

correct the arrest record, conviction record, if any, and

all official records of the arresting authority, the

Illinois State Police, other criminal justice agencies,

the prosecutor, and the trial court concerning such

arrest, if any, by removing his or her name from all such

records in connection with the arrest and conviction, if

any, and by inserting in the records the name of the

offender, if known or ascertainable, in lieu of the

aggrieved's name. The records of the circuit court clerk

shall be sealed until further order of the court upon good

cause shown and the name of the aggrieved person

obliterated on the official index required to be kept by

the circuit court clerk under Section 16 of the Clerks of

Courts Act, but the order shall not affect any index

issued by the circuit court clerk before the entry of the

order. Nothing in this Section shall limit the Illinois

State Police or other criminal justice agencies or

prosecutors from listing under an offender's name the

false names he or she has used.

(5) Whenever a person has been convicted of criminal

sexual assault, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, criminal

sexual abuse, or aggravated criminal sexual abuse, the

victim of that offense may request that the State's

Attorney of the county in which the conviction occurred

file a verified petition with the presiding trial judge at

the petitioner's trial to have a court order entered to

seal the records of the circuit court clerk in connection

with the proceedings of the trial court concerning that

offense. However, the records of the arresting authority

and the Illinois State Police concerning the offense shall

not be sealed. The court, upon good cause shown, shall

make the records of the circuit court clerk in connection

with the proceedings of the trial court concerning the

offense available for public inspection.

(6) If a conviction has been set aside on direct

review or on collateral attack and the court determines by

clear and convincing evidence that the petitioner was

factually innocent of the charge, the court that finds the

petitioner factually innocent of the charge shall enter an

expungement order for the conviction for which the

petitioner has been determined to be innocent as provided

in subsection (b) of Section 5-5-4 of the Unified Code of

Corrections.

(7) Nothing in this Section shall prevent the Illinois

State Police from maintaining all records of any person

who is admitted to probation upon terms and conditions and

who fulfills those terms and conditions pursuant to

Section 10 of the Cannabis Control Act, Section 410 of the

Illinois Controlled Substances Act, Section 70 of the

Methamphetamine Control and Community Protection Act,

Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

Corrections, Section 12-4.3 or subdivision (b)(1) of

Section 12-3.05 of the Criminal Code of 1961 or the

Criminal Code of 2012, Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section 40-10 of

the Substance Use Disorder Act, or Section 10 of the

Steroid Control Act.

(8) If the petitioner has been granted a certificate

of innocence under Section 2-702 of the Code of Civil

Procedure, the court that grants the certificate of

innocence shall also enter an order expunging the

conviction for which the petitioner has been determined to

be innocent as provided in subsection (h) of Section 2-702

of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision

of this Act to the contrary, and cumulative with any

rights to expungement of criminal records, this subsection

authorizes the sealing of criminal records of adults and

of minors prosecuted as adults. Subsection (g) of this

Section provides for immediate sealing of certain records.

(2) Eligible Records. The following records may be

sealed:

(A) All arrests resulting in release without

charging;

(B) Arrests or charges not initiated by arrest

resulting in acquittal, dismissal, or conviction when

the conviction was reversed or vacated, except as

excluded by subsection (a)(3)(B);

(C) Arrests or charges not initiated by arrest

resulting in orders of supervision, including orders

of supervision for municipal ordinance violations,

successfully completed by the petitioner, unless

excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest

resulting in convictions, including convictions on

municipal ordinance violations, unless excluded by

subsection (a)(3);

(E) Arrests or charges not initiated by arrest

resulting in orders of first offender probation under

Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, Section 70 of

the Methamphetamine Control and Community Protection

Act, or Section 5-6-3.3 of the Unified Code of

Corrections; and

(F) Arrests or charges not initiated by arrest

resulting in felony convictions unless otherwise

excluded by subsection (a) paragraph (3) of this

Section.

(3) When Records Are Eligible to Be Sealed. Records

identified as eligible under subsection (c)(2) may be

sealed as follows:

(A) Records identified as eligible under

subsections subsection (c)(2)(A) and (c)(2)(B) may be

sealed at any time.

(B) Except as otherwise provided in subparagraph

(E) of this paragraph (3), records identified as

eligible under subsection (c)(2)(C) may be sealed 2

years after the termination of petitioner's last

sentence (as defined in subsection (a)(1)(F)).

(C) Except as otherwise provided in subparagraph

(E) of this paragraph (3), records identified as

eligible under subsections (c)(2)(D), (c)(2)(E), and

(c)(2)(F) may be sealed 3 years after the termination

of the petitioner's last sentence (as defined in

subsection (a)(1)(F)). Convictions requiring public

registration under the Arsonist Registration Act, the

Sex Offender Registration Act, or the Murderer and

Violent Offender Against Youth Registration Act may

not be sealed until the petitioner is no longer

required to register under that relevant Act.

(D) Records identified in subsection

(a)(3)(A)(iii) may be sealed after the petitioner has

reached the age of 25 years.

(E) Records identified as eligible under

subsection subsections (c)(2)(C), (c)(2)(D),

(c)(2)(E), or (c)(2)(F) may be sealed upon termination

of the petitioner's last sentence if the petitioner

earned a high school diploma, associate's degree,

career certificate, vocational technical

certification, or bachelor's degree, or passed the

high school level Test of General Educational

Development, during the period of his or her sentence

or mandatory supervised release. This subparagraph

shall apply only to a petitioner who has not completed

the same educational goal prior to the period of his or

her sentence or mandatory supervised release. If a

petition for sealing eligible records filed under this

subparagraph is denied by the court, the time periods

under subparagraph (B) or (C) shall apply to any

subsequent petition for sealing filed by the

petitioner.

(4) Subsequent felony convictions. A person may not

have subsequent felony conviction records sealed as

provided in this subsection (c) if he or she is convicted

of any felony offense after the date of the sealing of

prior felony convictions as provided in this subsection

(c). The court may, upon conviction for a subsequent

felony offense, order the unsealing of prior felony

conviction records previously ordered sealed by the court.

(5) Notice of eligibility for sealing. Upon entry of a

disposition for an eligible record under this subsection

(c), the petitioner shall be informed by the court of the

right to have the records sealed and the procedures for

the sealing of the records.

(d) Procedure. The following procedures apply to

expungement under subsections (b), (e), and (e-6) and sealing

under subsections (c) and (e-5):

(1) Filing the petition. Upon becoming eligible to

petition for the expungement or sealing of records under

this Section, the petitioner shall file a petition

requesting the expungement or sealing of records with the

clerk of the court where the arrests occurred or the

charges were brought, or both. If arrests occurred or

charges were brought in multiple jurisdictions, a petition

must be filed in each such jurisdiction. The petitioner

shall pay the applicable fee, except no fee shall be

required if the petitioner has obtained a court order

waiving fees under Supreme Court Rule 298 or it is

otherwise waived.

(1.5) County fee waiver pilot program. From August 9,

2019 (the effective date of Public Act 101-306) through

December 31, 2020, in a county of 3,000,000 or more

inhabitants, no fee shall be required to be paid by a

petitioner if the records sought to be expunged or sealed

were arrests resulting in release without charging or

arrests or charges not initiated by arrest resulting in

acquittal, dismissal, or conviction when the conviction

was reversed or vacated, unless excluded by subsection

(a)(3)(B). The provisions of this paragraph (1.5), other

than this sentence, are inoperative on and after January

1, 2022.

(2) Contents of petition. The petition shall be

verified and shall contain the petitioner's name, date of

birth, current address and, for each arrest or charge not

initiated by arrest sought to be sealed or expunged, the

case number, the date of arrest (if any), the identity of

the arresting authority, and such other information as the

court may require. During the pendency of the proceeding,

the petitioner shall promptly notify the circuit court

clerk of any change of his or her address. If the

petitioner has received a certificate of eligibility for

sealing from the Prisoner Review Board under paragraph

(10) of subsection (a) of Section 3-3-2 of the Unified

Code of Corrections, the certificate shall be attached to

the petition.

(3) Drug test. The petitioner must attach to the

petition proof that the petitioner has taken within 30

days before the filing of the petition a test showing the

absence within his or her body of all illegal substances

as defined by the Illinois Controlled Substances Act and

the Methamphetamine Control and Community Protection Act

if he or she is petitioning to:

(A) seal felony records under clause (c)(2)(E);

(B) seal felony records for a violation of the

Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act,

or the Cannabis Control Act under clause (c)(2)(F);

(C) seal felony records under subsection (e-5); or

(D) expunge felony records of a qualified

probation under clause (b)(1)(iv).

(4) Service of petition. The circuit court clerk shall

promptly serve a copy of the petition and documentation to

support the petition under subsection (e-5) or (e-6) on

the State's Attorney or prosecutor charged with the duty

of prosecuting the offense, the Illinois State Police, the

arresting agency and the chief legal officer of the unit

of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition

may file an objection to the petition. All objections

shall be in writing, shall be filed with the circuit

court clerk, and shall state with specificity the

basis of the objection. Whenever a person who has been

convicted of an offense is granted a pardon by the

Governor which specifically authorizes expungement, an

objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal

must be filed within 60 days of the date of service of

the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the

charge was brought, any judge of that circuit

designated by the Chief Judge, or in counties of less

than 3,000,000 inhabitants, the presiding trial judge

at the petitioner's trial, if any, shall rule on the

petition to expunge or seal as set forth in this

subsection (d)(6).

(B) Unless the State's Attorney or prosecutor, the

Illinois State Police, the arresting agency, or the

chief legal officer files an objection to the petition

to expunge or seal within 60 days from the date of

service of the petition, the court shall enter an

order granting or denying the petition.

(C) Notwithstanding any other provision of law,

the court shall not deny a petition for sealing under

this Section because the petitioner has not satisfied

an outstanding legal financial obligation established,

imposed, or originated by a court, law enforcement

agency, or a municipal, State, county, or other unit

of local government, including, but not limited to,

any cost, assessment, fine, or fee. An outstanding

legal financial obligation does not include any court

ordered restitution to a victim under Section 5-5-6 of

the Unified Code of Corrections, unless the

restitution has been converted to a civil judgment.

Nothing in this subparagraph (C) waives, rescinds, or

abrogates a legal financial obligation or otherwise

eliminates or affects the right of the holder of any

financial obligation to pursue collection under

applicable federal, State, or local law.

(D) Notwithstanding any other provision of law,

the court shall not deny a petition to expunge or seal

under this Section because the petitioner has

submitted a drug test taken within 30 days before the

filing of the petition to expunge or seal that

indicates a positive test for the presence of cannabis

within the petitioner's body. In this subparagraph

(D), "cannabis" has the meaning ascribed to it in

Section 3 of the Cannabis Control Act.

(7) Hearings. If an objection is filed, the court

shall set a date for a hearing and notify the petitioner

and all parties entitled to notice of the petition of the

hearing date at least 30 days prior to the hearing. Prior

to the hearing, the State's Attorney shall consult with

the Illinois State Police as to the appropriateness of the

relief sought in the petition to expunge or seal. At the

hearing, the court shall hear evidence on whether the

petition should or should not be granted, and shall grant

or deny the petition to expunge or seal the records based

on the evidence presented at the hearing. The court may

consider the following:

(A) the strength of the evidence supporting the

defendant's conviction;

(B) the reasons for retention of the conviction

records by the State;

(C) the petitioner's age, criminal record history,

and employment history;

(D) the period of time between the petitioner's

arrest on the charge resulting in the conviction and

the filing of the petition under this Section; and

(E) the specific adverse consequences the

petitioner may be subject to if the petition is

denied.

(8) Service of order. After entering an order to

expunge or seal records, the court must provide copies of

the order to the Illinois State Police, in a form and

manner prescribed by the Illinois State Police, to the

petitioner, to the State's Attorney or prosecutor charged

with the duty of prosecuting the offense, to the arresting

agency, to the chief legal officer of the unit of local

government effecting the arrest, and to such other

criminal justice agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records

pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or

both:

(i) the records shall be expunged (as defined

in subsection (a)(1)(E)) by the arresting agency,

the Illinois State Police, and any other agency as

ordered by the court, within 60 days of the date of

service of the order, unless a motion to vacate,

modify, or reconsider the order is filed pursuant

to paragraph (12) of subsection (d) of this

Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the

court upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

and

(iii) in response to an inquiry for expunged

records, the court, the Illinois State Police, or

the agency receiving such inquiry, shall reply as

it does in response to inquiries when no records

ever existed.

(B) Upon entry of an order to expunge records

pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or

both:

(i) the records shall be expunged (as defined

in subsection (a)(1)(E)) by the arresting agency

and any other agency as ordered by the court,

within 60 days of the date of service of the order,

unless a motion to vacate, modify, or reconsider

the order is filed pursuant to paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the

court upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Illinois State Police within 60 days of the date

of service of the order as ordered by the court,

unless a motion to vacate, modify, or reconsider

the order is filed pursuant to paragraph (12) of

subsection (d) of this Section;

(iv) records impounded by the Illinois State

Police may be disseminated by the Illinois State

Police only as required by law or to the arresting

authority, the State's Attorney, and the court

upon a later arrest for the same or a similar

offense or for the purpose of sentencing for any

subsequent felony, and to the Department of

Corrections upon conviction for any offense; and

(v) in response to an inquiry for such records

from anyone not authorized by law to access such

records, the court, the Illinois State Police, or

the agency receiving such inquiry shall reply as

it does in response to inquiries when no records

ever existed.

(B-5) Upon entry of an order to expunge records

under subsection (e-6):

(i) the records shall be expunged (as defined

in subsection (a)(1)(E)) by the arresting agency

and any other agency as ordered by the court,

within 60 days of the date of service of the order,

unless a motion to vacate, modify, or reconsider

the order is filed under paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the

court upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Illinois State Police within 60 days of the date

of service of the order as ordered by the court,

unless a motion to vacate, modify, or reconsider

the order is filed under paragraph (12) of

subsection (d) of this Section;

(iv) records impounded by the Illinois State

Police may be disseminated by the Illinois State

Police only as required by law or to the arresting

authority, the State's Attorney, and the court

upon a later arrest for the same or a similar

offense or for the purpose of sentencing for any

subsequent felony, and to the Department of

Corrections upon conviction for any offense; and

(v) in response to an inquiry for these

records from anyone not authorized by law to

access the records, the court, the Illinois State

Police, or the agency receiving the inquiry shall

reply as it does in response to inquiries when no

records ever existed.

(C) Upon entry of an order to seal records under

subsection (c), the arresting agency, any other agency

as ordered by the court, the Illinois State Police,

and the court shall seal the records (as defined in

subsection (a)(1)(K)). In response to an inquiry for

such records, from anyone not authorized by law to

access such records, the court, the Illinois State

Police, or the agency receiving such inquiry shall

reply as it does in response to inquiries when no

records ever existed.

(D) The Illinois State Police shall send written

notice to the petitioner of its compliance with each

order to expunge or seal records within 60 days of the

date of service of that order or, if a motion to

vacate, modify, or reconsider is filed, within 60 days

of service of the order resolving the motion, if that

order requires the Illinois State Police to expunge or

seal records. In the event of an appeal from the

circuit court order, the Illinois State Police shall

send written notice to the petitioner of its

compliance with an Appellate Court or Supreme Court

judgment to expunge or seal records within 60 days of

the issuance of the court's mandate. The notice is not

required while any motion to vacate, modify, or

reconsider, or any appeal or petition for

discretionary appellate review, is pending.

(E) Upon motion, the court may order that a sealed

judgment or other court record necessary to

demonstrate the amount of any legal financial

obligation due and owing be made available for the

limited purpose of collecting any legal financial

obligations owed by the petitioner that were

established, imposed, or originated in the criminal

proceeding for which those records have been sealed.

The records made available under this subparagraph (E)

shall not be entered into the official index required

to be kept by the circuit court clerk under Section 16

of the Clerks of Courts Act and shall be immediately

re-impounded upon the collection of the outstanding

financial obligations.

(F) Notwithstanding any other provision of this

Section, a circuit court clerk may access a sealed

record for the limited purpose of collecting payment

for any legal financial obligations that were

established, imposed, or originated in the criminal

proceedings for which those records have been sealed.

(10) Fees. The Illinois State Police may charge the

petitioner a fee equivalent to the cost of processing any

order to expunge or seal records. Notwithstanding any

provision of the Clerks of Courts Act to the contrary, the

circuit court clerk may charge a fee equivalent to the

cost associated with the sealing or expungement of records

by the circuit court clerk. From the total filing fee

collected for the petition to seal or expunge, the circuit

court clerk shall deposit $10 into the Circuit Court Clerk

Operation and Administrative Fund, to be used to offset

the costs incurred by the circuit court clerk in

performing the additional duties required to serve the

petition to seal or expunge on all parties. The circuit

court clerk shall collect and remit the Illinois State

Police portion of the fee to the State Treasurer and it

shall be deposited in the State Police Services Fund. If

the record brought under an expungement petition was

previously sealed under this Section, the fee for the

expungement petition for that same record shall be waived.

(11) Final Order. No court order issued under the

expungement or sealing provisions of this Section shall

become final for purposes of appeal until 30 days after

service of the order on the petitioner and all parties

entitled to notice of the petition.

(12) Motion to Vacate, Modify, or Reconsider. Under

Section 2-1203 of the Code of Civil Procedure, the

petitioner or any party entitled to notice may file a

motion to vacate, modify, or reconsider the order granting

or denying the petition to expunge or seal within 60 days

of service of the order. If filed more than 60 days after

service of the order, a petition to vacate, modify, or

reconsider shall comply with subsection (c) of Section

2-1401 of the Code of Civil Procedure. Upon filing of a

motion to vacate, modify, or reconsider, notice of the

motion shall be served upon the petitioner and all parties

entitled to notice of the petition.

(13) Effect of Order. An order granting a petition

under the expungement or sealing provisions of this

Section shall not be considered void because it fails to

comply with the provisions of this Section or because of

any error asserted in a motion to vacate, modify, or

reconsider. The circuit court retains jurisdiction to

determine whether the order is voidable and to vacate,

modify, or reconsider its terms based on a motion filed

under paragraph (12) of this subsection (d).

(14) Compliance with Order Granting Petition to Seal

Records. Unless a court has entered a stay of an order

granting a petition to seal, all parties entitled to

notice of the petition must fully comply with the terms of

the order within 60 days of service of the order even if a

party is seeking relief from the order through a motion

filed under paragraph (12) of this subsection (d) or is

appealing the order.

(15) Compliance with Order Granting Petition to

Expunge Records. While a party is seeking relief from the

order granting the petition to expunge through a motion

filed under paragraph (12) of this subsection (d) or is

appealing the order, and unless a court has entered a stay

of that order, the parties entitled to notice of the

petition must seal, but need not expunge, the records

until there is a final order on the motion for relief or,

in the case of an appeal, the issuance of that court's

mandate.

(16) The changes to this subsection (d) made by Public

Act 98-163 apply to all petitions pending on August 5,

2013 (the effective date of Public Act 98-163) and to all

orders ruling on a petition to expunge or seal on or after

August 5, 2013 (the effective date of Public Act 98-163).

(e) Whenever a person who has been convicted of an offense

is granted a pardon by the Governor which specifically

authorizes expungement, he or she may, upon verified petition

to the Chief Judge of the circuit where the person had been

convicted, any judge of the circuit designated by the Chief

Judge, or in counties of less than 3,000,000 inhabitants, the

presiding trial judge at the defendant's trial, have a court

order entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Illinois State Police be

sealed until further order of the court upon good cause shown

or as otherwise provided herein, and the name of the defendant

obliterated from the official index requested to be kept by

the circuit court clerk under Section 16 of the Clerks of

Courts Act in connection with the arrest and conviction for

the offense for which he or she had been pardoned but the order

shall not affect any index issued by the circuit court clerk

before the entry of the order. All records sealed by the

Illinois State Police may be disseminated by the Illinois

State Police only to the arresting authority, the State's

Attorney, and the court upon a later arrest for the same or

similar offense or for the purpose of sentencing for any

subsequent felony. Upon conviction for any subsequent offense,

the Department of Corrections shall have access to all sealed

records of the Illinois State Police pertaining to that

individual. Upon entry of the order of expungement, the

circuit court clerk shall promptly mail a copy of the order to

the person who was pardoned.

(e-5) Whenever a person who has been convicted of an

offense is granted a certificate of eligibility for sealing by

the Prisoner Review Board which specifically authorizes

sealing, he or she may, upon verified petition to the Chief

Judge of the circuit where the person had been convicted, any

judge of the circuit designated by the Chief Judge, or in

counties of less than 3,000,000 inhabitants, the presiding

trial judge at the petitioner's trial, have a court order

entered sealing the record of arrest from the official records

of the arresting authority and order that the records of the

circuit court clerk and the Illinois State Police be sealed

until further order of the court upon good cause shown or as

otherwise provided herein, and the name of the petitioner

obliterated from the official index requested to be kept by

the circuit court clerk under Section 16 of the Clerks of

Courts Act in connection with the arrest and conviction for

the offense for which he or she had been granted the

certificate but the order shall not affect any index issued by

the circuit court clerk before the entry of the order. All

records sealed by the Illinois State Police may be

disseminated by the Illinois State Police only as required by

this Act or to the arresting authority, a law enforcement

agency, the State's Attorney, and the court upon a later

arrest for the same or similar offense or for the purpose of

sentencing for any subsequent felony. Upon conviction for any

subsequent offense, the Department of Corrections shall have

access to all sealed records of the Illinois State Police

pertaining to that individual. Upon entry of the order of

sealing, the circuit court clerk shall promptly mail a copy of

the order to the person who was granted the certificate of

eligibility for sealing.

(e-6) Whenever a person who has been convicted of an

offense is granted a certificate of eligibility for

expungement by the Prisoner Review Board which specifically

authorizes expungement, he or she may, upon verified petition

to the Chief Judge of the circuit where the person had been

convicted, any judge of the circuit designated by the Chief

Judge, or in counties of less than 3,000,000 inhabitants, the

presiding trial judge at the petitioner's trial, have a court

order entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Illinois State Police be

sealed until further order of the court upon good cause shown

or as otherwise provided herein, and the name of the

petitioner obliterated from the official index requested to be

kept by the circuit court clerk under Section 16 of the Clerks

of Courts Act in connection with the arrest and conviction for

the offense for which he or she had been granted the

certificate but the order shall not affect any index issued by

the circuit court clerk before the entry of the order. All

records sealed by the Illinois State Police may be

disseminated by the Illinois State Police only as required by

this Act or to the arresting authority, a law enforcement

agency, the State's Attorney, and the court upon a later

arrest for the same or similar offense or for the purpose of

sentencing for any subsequent felony. Upon conviction for any

subsequent offense, the Department of Corrections shall have

access to all expunged records of the Illinois State Police

pertaining to that individual. Upon entry of the order of

expungement, the circuit court clerk shall promptly mail a

copy of the order to the person who was granted the certificate

of eligibility for expungement.

(f) Subject to available funding, the Illinois Department

of Corrections shall conduct a study of the impact of sealing,

especially on employment and recidivism rates, utilizing a

random sample of those who apply for the sealing of their

criminal records under Public Act 93-211. At the request of

the Illinois Department of Corrections, records of the

Illinois Department of Employment Security shall be utilized

as appropriate to assist in the study. The study shall not

disclose any data in a manner that would allow the

identification of any particular individual or employing unit.

The study shall be made available to the General Assembly no

later than September 1, 2010.

(g) Immediate Sealing.

(1) Applicability. Notwithstanding any other provision

of this Act to the contrary, and cumulative with any

rights to expungement or sealing of criminal records, this

subsection authorizes the immediate sealing of criminal

records of adults and of minors prosecuted as adults.

(2) Eligible Records. Arrests or charges not initiated

by arrest resulting in acquittal or dismissal with

prejudice, except as excluded by subsection (a)(3)(B),

that occur on or after January 1, 2018 (the effective date

of Public Act 100-282), may be sealed immediately if the

petition is filed with the circuit court clerk on the same

day and during the same hearing in which the case is

disposed.

(3) When Records are Eligible to be Immediately

Sealed. Eligible records under paragraph (2) of this

subsection (g) may be sealed immediately after entry of

the final disposition of a case, notwithstanding the

disposition of other charges in the same case.

(4) Notice of Eligibility for Immediate Sealing. Upon

entry of a disposition for an eligible record under this

subsection (g), the defendant shall be informed by the

court of his or her right to have eligible records

immediately sealed and the procedure for the immediate

sealing of these records.

(5) Procedure. The following procedures apply to

immediate sealing under this subsection (g).

(A) Filing the Petition. Upon entry of the final

disposition of the case, the defendant's attorney may

immediately petition the court, on behalf of the

defendant, for immediate sealing of eligible records

under paragraph (2) of this subsection (g) that are

entered on or after January 1, 2018 (the effective

date of Public Act 100-282). The immediate sealing

petition may be filed with the circuit court clerk

during the hearing in which the final disposition of

the case is entered. If the defendant's attorney does

not file the petition for immediate sealing during the

hearing, the defendant may file a petition for sealing

at any time as authorized under subsection (c)(3)(A).

(B) Contents of Petition. The immediate sealing

petition shall be verified and shall contain the

petitioner's name, date of birth, current address, and

for each eligible record, the case number, the date of

arrest if applicable, the identity of the arresting

authority if applicable, and other information as the

court may require.

(C) Drug Test. The petitioner shall not be

required to attach proof that he or she has passed a

drug test.

(D) Service of Petition. A copy of the petition

shall be served on the State's Attorney in open court.

The petitioner shall not be required to serve a copy of

the petition on any other agency.

(E) Entry of Order. The presiding trial judge

shall enter an order granting or denying the petition

for immediate sealing during the hearing in which it

is filed. Petitions for immediate sealing shall be

ruled on in the same hearing in which the final

disposition of the case is entered.

(F) Hearings. The court shall hear the petition

for immediate sealing on the same day and during the

same hearing in which the disposition is rendered.

(G) Service of Order. An order to immediately seal

eligible records shall be served in conformance with

subsection (d)(8).

(H) Implementation of Order. An order to

immediately seal records shall be implemented in

conformance with subsections (d)(9)(C) and (d)(9)(D).

(I) Fees. The fee imposed by the circuit court

clerk and the Illinois State Police shall comply with

paragraph (1) of subsection (d) of this Section.

(J) Final Order. No court order issued under this

subsection (g) shall become final for purposes of

appeal until 30 days after service of the order on the

petitioner and all parties entitled to service of the

order in conformance with subsection (d)(8).

(K) Motion to Vacate, Modify, or Reconsider. Under

Section 2-1203 of the Code of Civil Procedure, the

petitioner, State's Attorney, or the Illinois State

Police may file a motion to vacate, modify, or

reconsider the order denying the petition to

immediately seal within 60 days of service of the

order. If filed more than 60 days after service of the

order, a petition to vacate, modify, or reconsider

shall comply with subsection (c) of Section 2-1401 of

the Code of Civil Procedure.

(L) Effect of Order. An order granting an

immediate sealing petition shall not be considered

void because it fails to comply with the provisions of

this Section or because of an error asserted in a

motion to vacate, modify, or reconsider. The circuit

court retains jurisdiction to determine whether the

order is voidable, and to vacate, modify, or

reconsider its terms based on a motion filed under

subparagraph (L) of this subsection (g).

(M) Compliance with Order Granting Petition to

Seal Records. Unless a court has entered a stay of an

order granting a petition to immediately seal, all

parties entitled to service of the order must fully

comply with the terms of the order within 60 days of

service of the order.

(h) Sealing; trafficking victims.

(1) A trafficking victim as defined by paragraph (10)

of subsection (a) of Section 10-9 of the Criminal Code of

2012 shall be eligible to petition for immediate sealing

of his or her criminal record upon the completion of his or

her last sentence if his or her participation in the

underlying offense was a direct result of human

trafficking under Section 10-9 of the Criminal Code of

2012 or a severe form of trafficking under the federal

Trafficking Victims Protection Act.

(2) A petitioner under this subsection (h), in

addition to the requirements provided under paragraph (4)

of subsection (d) of this Section, shall include in his or

her petition a clear and concise statement that: (A) he or

she was a victim of human trafficking at the time of the

offense; and (B) that his or her participation in the

offense was a direct result of human trafficking under

Section 10-9 of the Criminal Code of 2012 or a severe form

of trafficking under the federal Trafficking Victims

Protection Act.

(3) If an objection is filed alleging that the

petitioner is not entitled to immediate sealing under this

subsection (h), the court shall conduct a hearing under

paragraph (7) of subsection (d) of this Section and the

court shall determine whether the petitioner is entitled

to immediate sealing under this subsection (h). A

petitioner is eligible for immediate relief under this

subsection (h) if he or she shows, by a preponderance of

the evidence, that: (A) he or she was a victim of human

trafficking at the time of the offense; and (B) that his or

her participation in the offense was a direct result of

human trafficking under Section 10-9 of the Criminal Code

of 2012 or a severe form of trafficking under the federal

Trafficking Victims Protection Act.

(i) Minor Cannabis Offenses under the Cannabis Control

Act.

(1) Expungement of Arrest Records of Minor Cannabis

Offenses.

(A) The Illinois State Police and all law

enforcement agencies within the State shall

automatically expunge all criminal history records of

an arrest, charge not initiated by arrest, order of

supervision, or order of qualified probation for a

Minor Cannabis Offense committed prior to June 25,

2019 (the effective date of Public Act 101-27) if:

(i) One year or more has elapsed since the

date of the arrest or law enforcement interaction

documented in the records; and

(ii) No criminal charges were filed relating

to the arrest or law enforcement interaction or

criminal charges were filed and subsequently

dismissed or vacated or the arrestee was

acquitted.

(B) If the law enforcement agency is unable to

verify satisfaction of condition (ii) in paragraph

(A), records that satisfy condition (i) in paragraph

(A) shall be automatically expunged.

(C) Records shall be expunged by the law

enforcement agency under the following timelines:

(i) Records created prior to June 25, 2019

(the effective date of Public Act 101-27), but on

or after January 1, 2013, shall be automatically

expunged prior to January 1, 2021;

(ii) Records created prior to January 1, 2013,

but on or after January 1, 2000, shall be

automatically expunged prior to January 1, 2023;

(iii) Records created prior to January 1, 2000

shall be automatically expunged prior to January

1, 2025.

In response to an inquiry for expunged records,

the law enforcement agency receiving such inquiry

shall reply as it does in response to inquiries when no

records ever existed; however, it shall provide a

certificate of disposition or confirmation that the

record was expunged to the individual whose record was

expunged if such a record exists.

(D) Nothing in this Section shall be construed to

restrict or modify an individual's right to have that

individual's records expunged except as otherwise may

be provided in this Act, or diminish or abrogate any

rights or remedies otherwise available to the

individual.

(2) Pardons Authorizing Expungement of Minor Cannabis

Offenses.

(A) Upon June 25, 2019 (the effective date of

Public Act 101-27), the Department of State Police

shall review all criminal history record information

and identify all records that meet all of the

following criteria:

(i) one or more convictions for a Minor

Cannabis Offense;

(ii) the conviction identified in paragraph

(2)(A)(i) did not include a penalty enhancement

under Section 7 of the Cannabis Control Act; and

(iii) the conviction identified in paragraph

(2)(A)(i) is not associated with a conviction for

a violent crime as defined in subsection (c) of

Section 3 of the Rights of Crime Victims and

Witnesses Act.

(B) Within 180 days after June 25, 2019 (the

effective date of Public Act 101-27), the Department

of State Police shall notify the Prisoner Review Board

of all such records that meet the criteria established

in paragraph (2)(A).

(i) The Prisoner Review Board shall notify the

State's Attorney of the county of conviction of

each record identified by State Police in

paragraph (2)(A) that is classified as a Class 4

felony. The State's Attorney may provide a written

objection to the Prisoner Review Board on the sole

basis that the record identified does not meet the

criteria established in paragraph (2)(A). Such an

objection must be filed within 60 days or by such

later date set by the Prisoner Review Board in the

notice after the State's Attorney received notice

from the Prisoner Review Board.

(ii) In response to a written objection from a

State's Attorney, the Prisoner Review Board is

authorized to conduct a non-public hearing to

evaluate the information provided in the

objection.

(iii) The Prisoner Review Board shall make a

confidential and privileged recommendation to the

Governor as to whether to grant a pardon

authorizing expungement for each of the records

identified by the Department of State Police as

described in paragraph (2)(A).

(C) If an individual has been granted a pardon

authorizing expungement as described in this Section,

the Prisoner Review Board, through the Attorney

General, shall file a petition for expungement with

the Chief Judge of the circuit or any judge of the

circuit designated by the Chief Judge where the

individual had been convicted. Such petition may

include more than one individual. Whenever an

individual who has been convicted of an offense is

granted a pardon by the Governor that specifically

authorizes expungement, an objection to the petition

may not be filed. Petitions to expunge under this

subsection (i) may include more than one individual.

Within 90 days of the filing of such a petition, the

court shall enter an order expunging the records of

arrest from the official records of the arresting

authority and order that the records of the circuit

court clerk and the Illinois State Police be expunged

and the name of the defendant obliterated from the

official index requested to be kept by the circuit

court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for

the offense for which the individual had received a

pardon but the order shall not affect any index issued

by the circuit court clerk before the entry of the

order. Upon entry of the order of expungement, the

circuit court clerk shall promptly provide a copy of

the order and a certificate of disposition to the

individual who was pardoned to the individual's last

known address or by electronic means (if available) or

otherwise make it available to the individual upon

request.

(D) Nothing in this Section is intended to

diminish or abrogate any rights or remedies otherwise

available to the individual.

(3) Any individual may file a motion to vacate and

expunge a conviction for a misdemeanor or Class 4 felony

violation of Section 4 or Section 5 of the Cannabis

Control Act. Motions to vacate and expunge under this

subsection (i) may be filed with the circuit court, Chief

Judge of a judicial circuit or any judge of the circuit

designated by the Chief Judge. The circuit court clerk

shall promptly serve a copy of the motion to vacate and

expunge, and any supporting documentation, on the State's

Attorney or prosecutor charged with the duty of

prosecuting the offense. When considering such a motion to

vacate and expunge, a court shall consider the following:

the reasons to retain the records provided by law

enforcement, the petitioner's age, the petitioner's age at

the time of offense, the time since the conviction, and

the specific adverse consequences if denied. An individual

may file such a petition after the completion of any

non-financial sentence or non-financial condition imposed

by the conviction. Within 60 days of the filing of such

motion, a State's Attorney may file an objection to such a

petition along with supporting evidence. If a motion to

vacate and expunge is granted, the records shall be

expunged in accordance with subparagraphs (d)(8) and

(d)(9)(A) of this Section. An agency providing civil legal

aid, as defined by Section 15 of the Public Interest

Attorney Assistance Act, assisting individuals seeking to

file a motion to vacate and expunge under this subsection

may file motions to vacate and expunge with the Chief

Judge of a judicial circuit or any judge of the circuit

designated by the Chief Judge, and the motion may include

more than one individual. Motions filed by an agency

providing civil legal aid concerning more than one

individual may be prepared, presented, and signed

electronically.

(4) Any State's Attorney may file a motion to vacate

and expunge a conviction for a misdemeanor or Class 4

felony violation of Section 4 or Section 5 of the Cannabis

Control Act. Motions to vacate and expunge under this

subsection (i) may be filed with the circuit court, Chief

Judge of a judicial circuit or any judge of the circuit

designated by the Chief Judge, and may include more than

one individual. Motions filed by a State's Attorney

concerning more than one individual may be prepared,

presented, and signed electronically. When considering

such a motion to vacate and expunge, a court shall

consider the following: the reasons to retain the records

provided by law enforcement, the individual's age, the

individual's age at the time of offense, the time since

the conviction, and the specific adverse consequences if

denied. Upon entry of an order granting a motion to vacate

and expunge records pursuant to this Section, the State's

Attorney shall notify the Prisoner Review Board within 30

days. Upon entry of the order of expungement, the circuit

court clerk shall promptly provide a copy of the order and

a certificate of disposition to the individual whose

records will be expunged to the individual's last known

address or by electronic means (if available) or otherwise

make available to the individual upon request. If a motion

to vacate and expunge is granted, the records shall be

expunged in accordance with subparagraphs (d)(8) and

(d)(9)(A) of this Section.

(5) In the public interest, the State's Attorney of a

county has standing to file motions to vacate and expunge

pursuant to this Section in the circuit court with

jurisdiction over the underlying conviction.

(6) If a person is arrested for a Minor Cannabis

Offense as defined in this Section before June 25, 2019

(the effective date of Public Act 101-27) and the person's

case is still pending but a sentence has not been imposed,

the person may petition the court in which the charges are

pending for an order to summarily dismiss those charges

against him or her, and expunge all official records of

his or her arrest, plea, trial, conviction, incarceration,

supervision, or expungement. If the court determines, upon

review, that: (A) the person was arrested before June 25,

2019 (the effective date of Public Act 101-27) for an

offense that has been made eligible for expungement; (B)

the case is pending at the time; and (C) the person has not

been sentenced of the minor cannabis violation eligible

for expungement under this subsection, the court shall

consider the following: the reasons to retain the records

provided by law enforcement, the petitioner's age, the

petitioner's age at the time of offense, the time since

the conviction, and the specific adverse consequences if

denied. If a motion to dismiss and expunge is granted, the

records shall be expunged in accordance with subparagraph

(d)(9)(A) of this Section.

(7) A person imprisoned solely as a result of one or

more convictions for Minor Cannabis Offenses under this

subsection (i) shall be released from incarceration upon

the issuance of an order under this subsection.

(8) The Illinois State Police shall allow a person to

use the access and review process, established in the

Illinois State Police, for verifying that his or her

records relating to Minor Cannabis Offenses of the

Cannabis Control Act eligible under this Section have been

expunged.

(9) No conviction vacated pursuant to this Section

shall serve as the basis for damages for time unjustly

served as provided in the Court of Claims Act.

(10) Effect of Expungement. A person's right to

expunge an expungeable offense shall not be limited under

this Section. The effect of an order of expungement shall

be to restore the person to the status he or she occupied

before the arrest, charge, or conviction.

(11) Information. The Illinois State Police shall post

general information on its website about the expungement

process described in this subsection (i).

(j) Felony Prostitution Convictions.

(1) Any individual may file a motion to vacate and

expunge a conviction for a prior Class 4 felony violation

of prostitution. Motions to vacate and expunge under this

subsection (j) may be filed with the circuit court, Chief

Judge of a judicial circuit, or any judge of the circuit

designated by the Chief Judge. When considering the motion

to vacate and expunge, a court shall consider the

following:

(A) the reasons to retain the records provided by

law enforcement;

(B) the petitioner's age;

(C) the petitioner's age at the time of offense;

and

(D) the time since the conviction, and the

specific adverse consequences if denied. An individual

may file the petition after the completion of any

sentence or condition imposed by the conviction.

Within 60 days of the filing of the motion, a State's

Attorney may file an objection to the petition along

with supporting evidence. If a motion to vacate and

expunge is granted, the records shall be expunged in

accordance with subparagraph (d)(9)(A) of this

Section. An agency providing civil legal aid, as

defined in Section 15 of the Public Interest Attorney

Assistance Act, assisting individuals seeking to file

a motion to vacate and expunge under this subsection

may file motions to vacate and expunge with the Chief

Judge of a judicial circuit or any judge of the circuit

designated by the Chief Judge, and the motion may

include more than one individual.

(2) Any State's Attorney may file a motion to vacate

and expunge a conviction for a Class 4 felony violation of

prostitution. Motions to vacate and expunge under this

subsection (j) may be filed with the circuit court, Chief

Judge of a judicial circuit, or any judge of the circuit

court designated by the Chief Judge, and may include more

than one individual. When considering the motion to vacate

and expunge, a court shall consider the following reasons:

(A) the reasons to retain the records provided by

law enforcement;

(B) the petitioner's age;

(C) the petitioner's age at the time of offense;

(D) the time since the conviction; and

(E) the specific adverse consequences if denied.

If the State's Attorney files a motion to vacate and

expunge records for felony prostitution convictions

pursuant to this Section, the State's Attorney shall

notify the Prisoner Review Board within 30 days of the

filing. If a motion to vacate and expunge is granted, the

records shall be expunged in accordance with subparagraph

(d)(9)(A) of this Section.

(3) In the public interest, the State's Attorney of a

county has standing to file motions to vacate and expunge

pursuant to this Section in the circuit court with

jurisdiction over the underlying conviction.

(4) The Illinois State Police shall allow a person to

a use the access and review process, established in the

Illinois State Police, for verifying that his or her

records relating to felony prostitution eligible under

this Section have been expunged.

(5) No conviction vacated pursuant to this Section

shall serve as the basis for damages for time unjustly

served as provided in the Court of Claims Act.

(6) Effect of Expungement. A person's right to expunge

an expungeable offense shall not be limited under this

Section. The effect of an order of expungement shall be to

restore the person to the status he or she occupied before

the arrest, charge, or conviction.

(7) Information. The Illinois State Police shall post

general information on its website about the expungement

process described in this subsection (j).

(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;

101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.

12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;

102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.

5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)

Section 115. The Illinois Emergency Management Agency Act

is amended by changing Section 23 as follows:

(20 ILCS 3305/23)

(Section scheduled to be repealed on January 1, 2032)

Sec. 23. Access and Functional Needs Advisory Committee.

(a) In this Section, "Advisory Committee" means the Access

and Functional Needs Advisory Committee.

(b) The Access and Functional Needs Advisory Committee is

created.

(c) The Advisory Committee shall:

(1) Coordinate meetings occurring, at a minimum, 3

times each year, in addition to emergency meetings called

by the chairperson of the Advisory Committee.

(2) Research and provide recommendations for

identifying and effectively responding to the needs of

persons with access and functional needs before, during,

and after a disaster using an intersectional lens for

equity.

(3) Provide recommendations to the Illinois Emergency

Management Agency regarding how to ensure that persons

with a disability are included in disaster strategies and

emergency management plans, including updates and

implementation of disaster strategies and emergency

management plans.

(4) Review and provide recommendations for the

Illinois Emergency Management Agency, and all relevant

State agencies that are involved in drafting and

implementing the Illinois Emergency Operation Plan, to

integrate access and functional needs into State and local

emergency plans.

(d) The Advisory Committee shall be composed of the

Director of the Illinois Emergency Management Agency or his or

her designee, the Attorney General or his or her designee, the

Secretary of Human Services or his or her designee, the

Director of on Aging or his or her designee, and the Director

of Public Health or his or her designee, together with the

following members appointed by the Governor on or before

January 1, 2022:

(1) Two members, either from a municipal or

county-level emergency agency or a local emergency

management coordinator.

(2) Nine members from the community of persons with a

disability who represent persons with different types of

disabilities, including, but not limited to, individuals

with mobility and physical disabilities, hearing and

visual disabilities, deafness or who are hard of hearing,

blindness or who have low vision, mental health

disabilities, and intellectual or developmental

disabilities. Members appointed under this paragraph shall

reflect a diversity of age, gender, race, and ethnic

background.

(3) Four members who represent first responders from

different geographical regions around the State.

(e) Of those members appointed by the Governor, the

initial appointments of 6 members shall be for terms of 2 years

and the initial appointments of 5 members shall be for terms of

4 years. Thereafter, members shall be appointed for terms of 4

years. A member shall serve until his or her successor is

appointed and qualified. If a vacancy occurs in the Advisory

Committee membership, the vacancy shall be filled in the same

manner as the original appointment for the remainder of the

unexpired term.

(f) After all the members are appointed, and annually

thereafter, they shall elect a chairperson from among the

members appointed under paragraph (2) of subsection (d).

(g) The initial meeting of the Advisory Committee shall be

convened by the Director of the Illinois Emergency Management

Agency no later than February 1, 2022.

(h) Advisory Committee members shall serve without

compensation.

(i) The Illinois Emergency Management Agency shall provide

administrative support to the Advisory Committee.

(j) The Advisory Committee shall prepare and deliver a

report to the General Assembly, the Governor's Office, and the

Illinois Emergency Management Agency by July 1, 2022, and

annually thereafter. The report shall include the following:

(1) Identification of core emergency management

services that need to be updated or changed to ensure the

needs of persons with a disability are met, and shall

include disaster strategies in State and local emergency

plans.

(2) Any proposed changes in State policies, laws,

rules, or regulations necessary to fulfill the purposes of

this Act.

(3) Recommendations on improving the accessibility and

effectiveness of disaster and emergency communication.

(4) Recommendations on comprehensive training for

first responders and other frontline workers when working

with persons with a disability during emergency situations

or disasters, as defined in Section 4 of the Illinois

Emergency Management Agency Act.

(5) Any additional recommendations regarding emergency

management and persons with a disability that the Advisory

Committee deems necessary.

(k) The annual report prepared and delivered under

subsection (j) shall be annually considered by the Illinois

Emergency Management Agency when developing new State and

local emergency plans or updating existing State and local

emergency plans.

(l) The Advisory Committee is dissolved and this Section

is repealed on January 1, 2032.

(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;

revised 8-24-22.)

Section 120. The Illinois State Agency Historic Resources

Preservation Act is amended by changing Section 5 as follows:

(20 ILCS 3420/5) (from Ch. 127, par. 133c25)

Sec. 5. Responsibilities of the Department of Natural

Resources.

(a) The Director shall include in the Department's annual

report an outline of State agency actions on which comment was

requested or issued under this Act.

(b) The Director shall maintain a current list of all

historic resources owned, operated, or leased by the State and

appropriate maps indicating the location of all such

resources. These maps shall be in a form available to the

public and State agencies, except that the location of

archaeological resources shall be excluded.

(c) The Director shall make rules and issue appropriate

guidelines to implement this Act. These shall include, but not

be limited to, regulations for holding on-site inspections,

public information meetings and procedures for consultation,

mediation, and resolutions by the Committee pursuant to

subsections (e) and (f) of Section 4.

(d) The Director shall (1) assist, to the fullest extent

possible, the State agencies in their identification of

properties for inclusion in an inventory of historic

resources, including provision of criteria for evaluation; (2)

provide information concerning professional methods and

techniques for preserving, improving, restoring, and

maintaining historic resources when requested by State

agencies; and (3) help facilitate State agency compliance with

this Act.

(e) The Director shall monitor the implementation of

actions of each State agency which have an effect, either

adverse or beneficial, on a an historic resource.

(f) The Department of Natural Resources shall manage and

control the preservation, conservation, inventory, and

analysis of fine and decorative arts, furnishings, and

artifacts of the Illinois Executive Mansion in Springfield,

the Governor's offices in the Capitol in Springfield and the

James R. Thompson Center in Chicago, and the Hayes House in

DuQuoin. The Department of Natural Resources shall manage the

preservation and conservation of the buildings and grounds of

the Illinois Executive Mansion in Springfield. The Governor

shall appoint a Curator of the Executive Mansion, with the

advice and consent of the Senate, to assist the Department of

Natural Resources in carrying out the duties under this item

(f). The person appointed Curator must have experience in

historic preservation or as a curator. The Curator shall serve

at the pleasure of the Governor. The Governor shall determine

the compensation of the Curator, which shall not be diminished

during the term of appointment.

(Source: P.A. 102-1005, eff. 5-27-22; revised 8-22-22.)

Section 125. The Illinois Power Agency Act is amended by

changing Section 1-10 as follows:

(20 ILCS 3855/1-10)

Sec. 1-10. Definitions.

"Agency" means the Illinois Power Agency.

"Agency loan agreement" means any agreement pursuant to

which the Illinois Finance Authority agrees to loan the

proceeds of revenue bonds issued with respect to a project to

the Agency upon terms providing for loan repayment

installments at least sufficient to pay when due all principal

of, interest and premium, if any, on those revenue bonds, and

providing for maintenance, insurance, and other matters in

respect of the project.

"Authority" means the Illinois Finance Authority.

"Brownfield site photovoltaic project" means photovoltaics

that are either:

(1) interconnected to an electric utility as defined

in this Section, a municipal utility as defined in this

Section, a public utility as defined in Section 3-105 of

the Public Utilities Act, or an electric cooperative as

defined in Section 3-119 of the Public Utilities Act and

located at a site that is regulated by any of the following

entities under the following programs:

(A) the United States Environmental Protection

Agency under the federal Comprehensive Environmental

Response, Compensation, and Liability Act of 1980, as

amended;

(B) the United States Environmental Protection

Agency under the Corrective Action Program of the

federal Resource Conservation and Recovery Act, as

amended;

(C) the Illinois Environmental Protection Agency

under the Illinois Site Remediation Program; or

(D) the Illinois Environmental Protection Agency

under the Illinois Solid Waste Program; or

(2) located at the site of a coal mine that has

permanently ceased coal production, permanently halted any

re-mining operations, and is no longer accepting any coal

combustion residues; has both completed all clean-up and

remediation obligations under the federal Surface Mining

and Reclamation Act of 1977 and all applicable Illinois

rules and any other clean-up, remediation, or ongoing

monitoring to safeguard the health and well-being of the

people of the State of Illinois, as well as demonstrated

compliance with all applicable federal and State

environmental rules and regulations, including, but not

limited, to 35 Ill. Adm. Code Part 845 and any rules for

historic fill of coal combustion residuals, including any

rules finalized in Subdocket A of Illinois Pollution

Control Board docket R2020-019.

"Clean coal facility" means an electric generating

facility that uses primarily coal as a feedstock and that

captures and sequesters carbon dioxide emissions at the

following levels: at least 50% of the total carbon dioxide

emissions that the facility would otherwise emit if, at the

time construction commences, the facility is scheduled to

commence operation before 2016, at least 70% of the total

carbon dioxide emissions that the facility would otherwise

emit if, at the time construction commences, the facility is

scheduled to commence operation during 2016 or 2017, and at

least 90% of the total carbon dioxide emissions that the

facility would otherwise emit if, at the time construction

commences, the facility is scheduled to commence operation

after 2017. The power block of the clean coal facility shall

not exceed allowable emission rates for sulfur dioxide,

nitrogen oxides, carbon monoxide, particulates and mercury for

a natural gas-fired combined-cycle facility the same size as

and in the same location as the clean coal facility at the time

the clean coal facility obtains an approved air permit. All

coal used by a clean coal facility shall have high volatile

bituminous rank and greater than 1.7 pounds of sulfur per

million Btu btu content, unless the clean coal facility does

not use gasification technology and was operating as a

conventional coal-fired electric generating facility on June

1, 2009 (the effective date of Public Act 95-1027).

"Clean coal SNG brownfield facility" means a facility that

(1) has commenced construction by July 1, 2015 on an urban

brownfield site in a municipality with at least 1,000,000

residents; (2) uses a gasification process to produce

substitute natural gas; (3) uses coal as at least 50% of the

total feedstock over the term of any sourcing agreement with a

utility and the remainder of the feedstock may be either

petroleum coke or coal, with all such coal having a high

bituminous rank and greater than 1.7 pounds of sulfur per

million Btu content unless the facility reasonably determines

that it is necessary to use additional petroleum coke to

deliver additional consumer savings, in which case the

facility shall use coal for at least 35% of the total feedstock

over the term of any sourcing agreement; and (4) captures and

sequesters at least 85% of the total carbon dioxide emissions

that the facility would otherwise emit.

"Clean coal SNG facility" means a facility that uses a

gasification process to produce substitute natural gas, that

sequesters at least 90% of the total carbon dioxide emissions

that the facility would otherwise emit, that uses at least 90%

coal as a feedstock, with all such coal having a high

bituminous rank and greater than 1.7 pounds of sulfur per

million Btu btu content, and that has a valid and effective

permit to construct emission sources and air pollution control

equipment and approval with respect to the federal regulations

for Prevention of Significant Deterioration of Air Quality

(PSD) for the plant pursuant to the federal Clean Air Act;

provided, however, a clean coal SNG brownfield facility shall

not be a clean coal SNG facility.

"Clean energy" means energy generation that is 90% or

greater free of carbon dioxide emissions.

"Commission" means the Illinois Commerce Commission.

"Community renewable generation project" means an electric

generating facility that:

(1) is powered by wind, solar thermal energy,

photovoltaic cells or panels, biodiesel, crops and

untreated and unadulterated organic waste biomass, and

hydropower that does not involve new construction or

significant expansion of hydropower dams;

(2) is interconnected at the distribution system level

of an electric utility as defined in this Section, a

municipal utility as defined in this Section that owns or

operates electric distribution facilities, a public

utility as defined in Section 3-105 of the Public

Utilities Act, or an electric cooperative, as defined in

Section 3-119 of the Public Utilities Act;

(3) credits the value of electricity generated by the

facility to the subscribers of the facility; and

(4) is limited in nameplate capacity to less than or

equal to 5,000 kilowatts.

"Costs incurred in connection with the development and

construction of a facility" means:

(1) the cost of acquisition of all real property,

fixtures, and improvements in connection therewith and

equipment, personal property, and other property, rights,

and easements acquired that are deemed necessary for the

operation and maintenance of the facility;

(2) financing costs with respect to bonds, notes, and

other evidences of indebtedness of the Agency;

(3) all origination, commitment, utilization,

facility, placement, underwriting, syndication, credit

enhancement, and rating agency fees;

(4) engineering, design, procurement, consulting,

legal, accounting, title insurance, survey, appraisal,

escrow, trustee, collateral agency, interest rate hedging,

interest rate swap, capitalized interest, contingency, as

required by lenders, and other financing costs, and other

expenses for professional services; and

(5) the costs of plans, specifications, site study and

investigation, installation, surveys, other Agency costs

and estimates of costs, and other expenses necessary or

incidental to determining the feasibility of any project,

together with such other expenses as may be necessary or

incidental to the financing, insuring, acquisition, and

construction of a specific project and starting up,

commissioning, and placing that project in operation.

"Delivery services" has the same definition as found in

Section 16-102 of the Public Utilities Act.

"Delivery year" means the consecutive 12-month period

beginning June 1 of a given year and ending May 31 of the

following year.

"Department" means the Department of Commerce and Economic

Opportunity.

"Director" means the Director of the Illinois Power

Agency.

"Demand-response" means measures that decrease peak

electricity demand or shift demand from peak to off-peak

periods.

"Distributed renewable energy generation device" means a

device that is:

(1) powered by wind, solar thermal energy,

photovoltaic cells or panels, biodiesel, crops and

untreated and unadulterated organic waste biomass, tree

waste, and hydropower that does not involve new

construction or significant expansion of hydropower dams,

waste heat to power systems, or qualified combined heat

and power systems;

(2) interconnected at the distribution system level of

either an electric utility as defined in this Section, a

municipal utility as defined in this Section that owns or

operates electric distribution facilities, or a rural

electric cooperative as defined in Section 3-119 of the

Public Utilities Act;

(3) located on the customer side of the customer's

electric meter and is primarily used to offset that

customer's electricity load; and

(4) (blank).

"Energy efficiency" means measures that reduce the amount

of electricity or natural gas consumed in order to achieve a

given end use. "Energy efficiency" includes voltage

optimization measures that optimize the voltage at points on

the electric distribution voltage system and thereby reduce

electricity consumption by electric customers' end use

devices. "Energy efficiency" also includes measures that

reduce the total Btus of electricity, natural gas, and other

fuels needed to meet the end use or uses.

"Electric utility" has the same definition as found in

Section 16-102 of the Public Utilities Act.

"Equity investment eligible community" or "eligible

community" are synonymous and mean the geographic areas

throughout Illinois which would most benefit from equitable

investments by the State designed to combat discrimination.

Specifically, the eligible communities shall be defined as the

following areas:

(1) R3 Areas as established pursuant to Section 10-40

of the Cannabis Regulation and Tax Act, where residents

have historically been excluded from economic

opportunities, including opportunities in the energy

sector; and

(2) environmental Environmental justice communities,

as defined by the Illinois Power Agency pursuant to the

Illinois Power Agency Act, where residents have

historically been subject to disproportionate burdens of

pollution, including pollution from the energy sector.

"Equity eligible persons" or "eligible persons" means

persons who would most benefit from equitable investments by

the State designed to combat discrimination, specifically:

(1) persons who graduate from or are current or former

participants in the Clean Jobs Workforce Network Program,

the Clean Energy Contractor Incubator Program, the

Illinois Climate Works Preapprenticeship Program,

Returning Residents Clean Jobs Training Program, or the

Clean Energy Primes Contractor Accelerator Program, and

the solar training pipeline and multi-cultural jobs

program created in paragraphs (a)(1) and (a)(3) of Section

16-208.12 16-108.21 of the Public Utilities Act;

(2) persons who are graduates of or currently enrolled

in the foster care system;

(3) persons who were formerly incarcerated;

(4) persons whose primary residence is in an equity

investment eligible community.

"Equity eligible contractor" means a business that is

majority-owned by eligible persons, or a nonprofit or

cooperative that is majority-governed by eligible persons, or

is a natural person that is an eligible person offering

personal services as an independent contractor.

"Facility" means an electric generating unit or a

co-generating unit that produces electricity along with

related equipment necessary to connect the facility to an

electric transmission or distribution system.

"General contractor Contractor" means the entity or

organization with main responsibility for the building of a

construction project and who is the party signing the prime

construction contract for the project.

"Governmental aggregator" means one or more units of local

government that individually or collectively procure

electricity to serve residential retail electrical loads

located within its or their jurisdiction.

"High voltage direct current converter station" means the

collection of equipment that converts direct current energy

from a high voltage direct current transmission line into

alternating current using Voltage Source Conversion technology

and that is interconnected with transmission or distribution

assets located in Illinois.

"High voltage direct current renewable energy credit"

means a renewable energy credit associated with a renewable

energy resource where the renewable energy resource has

entered into a contract to transmit the energy associated with

such renewable energy credit over high voltage direct current

transmission facilities.

"High voltage direct current transmission facilities"

means the collection of installed equipment that converts

alternating current energy in one location to direct current

and transmits that direct current energy to a high voltage

direct current converter station using Voltage Source

Conversion technology. "High voltage direct current

transmission facilities" includes the high voltage direct

current converter station itself and associated high voltage

direct current transmission lines. Notwithstanding the

preceding, after September 15, 2021 (the effective date of

Public Act 102-662) this amendatory Act of the 102nd General

Assembly, an otherwise qualifying collection of equipment does

not qualify as high voltage direct current transmission

facilities unless its developer entered into a project labor

agreement, is capable of transmitting electricity at 525kv

with an Illinois converter station located and interconnected

in the region of the PJM Interconnection, LLC, and the system

does not operate as a public utility, as that term is defined

in Section 3-105 of the Public Utilities Act.

"Index price" means the real-time energy settlement price

at the applicable Illinois trading hub, such as PJM-NIHUB or

MISO-IL, for a given settlement period.

"Indexed renewable energy credit" means a tradable credit

that represents the environmental attributes of one megawatt

hour of energy produced from a renewable energy resource, the

price of which shall be calculated by subtracting the strike

price offered by a new utility-scale wind project or a new

utility-scale photovoltaic project from the index price in a

given settlement period.

"Indexed renewable energy credit counterparty" has the

same meaning as "public utility" as defined in Section 3-105

of the Public Utilities Act.

"Local government" means a unit of local government as

defined in Section 1 of Article VII of the Illinois

Constitution.

"Municipality" means a city, village, or incorporated

town.

"Municipal utility" means a public utility owned and

operated by any subdivision or municipal corporation of this

State.

"Nameplate capacity" means the aggregate inverter

nameplate capacity in kilowatts AC.

"Person" means any natural person, firm, partnership,

corporation, either domestic or foreign, company, association,

limited liability company, joint stock company, or association

and includes any trustee, receiver, assignee, or personal

representative thereof.

"Project" means the planning, bidding, and construction of

a facility.

"Project labor agreement" means a pre-hire collective

bargaining agreement that covers all terms and conditions of

employment on a specific construction project and must include

the following:

(1) provisions establishing the minimum hourly wage

for each class of labor organization employee;

(2) provisions establishing the benefits and other

compensation for each class of labor organization

employee;

(3) provisions establishing that no strike or disputes

will be engaged in by the labor organization employees;

(4) provisions establishing that no lockout or

disputes will be engaged in by the general contractor

building the project; and

(5) provisions for minorities and women, as defined

under the Business Enterprise for Minorities, Women, and

Persons with Disabilities Act, setting forth goals for

apprenticeship hours to be performed by minorities and

women and setting forth goals for total hours to be

performed by underrepresented minorities and women.

A labor organization and the general contractor building

the project shall have the authority to include other terms

and conditions as they deem necessary.

"Public utility" has the same definition as found in

Section 3-105 of the Public Utilities Act.

"Qualified combined heat and power systems" means systems

that, either simultaneously or sequentially, produce

electricity and useful thermal energy from a single fuel

source. Such systems are eligible for "renewable energy

credits" in an amount equal to its total energy output where a

renewable fuel is consumed or in an amount equal to the net

reduction in nonrenewable fuel consumed on a total energy

output basis.

"Real property" means any interest in land together with

all structures, fixtures, and improvements thereon, including

lands under water and riparian rights, any easements,

covenants, licenses, leases, rights-of-way, uses, and other

interests, together with any liens, judgments, mortgages, or

other claims or security interests related to real property.

"Renewable energy credit" means a tradable credit that

represents the environmental attributes of one megawatt hour

of energy produced from a renewable energy resource.

"Renewable energy resources" includes energy and its

associated renewable energy credit or renewable energy credits

from wind, solar thermal energy, photovoltaic cells and

panels, biodiesel, anaerobic digestion, crops and untreated

and unadulterated organic waste biomass, and hydropower that

does not involve new construction or significant expansion of

hydropower dams, waste heat to power systems, or qualified

combined heat and power systems. For purposes of this Act,

landfill gas produced in the State is considered a renewable

energy resource. "Renewable energy resources" does not include

the incineration or burning of tires, garbage, general

household, institutional, and commercial waste, industrial

lunchroom or office waste, landscape waste, railroad

crossties, utility poles, or construction or demolition

debris, other than untreated and unadulterated waste wood.

"Renewable energy resources" also includes high voltage direct

current renewable energy credits and the associated energy

converted to alternating current by a high voltage direct

current converter station to the extent that: (1) the

generator of such renewable energy resource contracted with a

third party to transmit the energy over the high voltage

direct current transmission facilities, and (2) the

third-party contracting for delivery of renewable energy

resources over the high voltage direct current transmission

facilities have ownership rights over the unretired associated

high voltage direct current renewable energy credit.

"Retail customer" has the same definition as found in

Section 16-102 of the Public Utilities Act.

"Revenue bond" means any bond, note, or other evidence of

indebtedness issued by the Authority, the principal and

interest of which is payable solely from revenues or income

derived from any project or activity of the Agency.

"Sequester" means permanent storage of carbon dioxide by

injecting it into a saline aquifer, a depleted gas reservoir,

or an oil reservoir, directly or through an enhanced oil

recovery process that may involve intermediate storage,

regardless of whether these activities are conducted by a

clean coal facility, a clean coal SNG facility, a clean coal

SNG brownfield facility, or a party with which a clean coal

facility, clean coal SNG facility, or clean coal SNG

brownfield facility has contracted for such purposes.

"Service area" has the same definition as found in Section

16-102 of the Public Utilities Act.

"Settlement period" means the period of time utilized by

MISO and PJM and their successor organizations as the basis

for settlement calculations in the real-time energy market.

"Sourcing agreement" means (i) in the case of an electric

utility, an agreement between the owner of a clean coal

facility and such electric utility, which agreement shall have

terms and conditions meeting the requirements of paragraph (3)

of subsection (d) of Section 1-75, (ii) in the case of an

alternative retail electric supplier, an agreement between the

owner of a clean coal facility and such alternative retail

electric supplier, which agreement shall have terms and

conditions meeting the requirements of Section 16-115(d)(5) of

the Public Utilities Act, and (iii) in case of a gas utility,

an agreement between the owner of a clean coal SNG brownfield

facility and the gas utility, which agreement shall have the

terms and conditions meeting the requirements of subsection

(h-1) of Section 9-220 of the Public Utilities Act.

"Strike price" means a contract price for energy and

renewable energy credits from a new utility-scale wind project

or a new utility-scale photovoltaic project.

"Subscriber" means a person who (i) takes delivery service

from an electric utility, and (ii) has a subscription of no

less than 200 watts to a community renewable generation

project that is located in the electric utility's service

area. No subscriber's subscriptions may total more than 40% of

the nameplate capacity of an individual community renewable

generation project. Entities that are affiliated by virtue of

a common parent shall not represent multiple subscriptions

that total more than 40% of the nameplate capacity of an

individual community renewable generation project.

"Subscription" means an interest in a community renewable

generation project expressed in kilowatts, which is sized

primarily to offset part or all of the subscriber's

electricity usage.

"Substitute natural gas" or "SNG" means a gas manufactured

by gasification of hydrocarbon feedstock, which is

substantially interchangeable in use and distribution with

conventional natural gas.

"Total resource cost test" or "TRC test" means a standard

that is met if, for an investment in energy efficiency or

demand-response measures, the benefit-cost ratio is greater

than one. The benefit-cost ratio is the ratio of the net

present value of the total benefits of the program to the net

present value of the total costs as calculated over the

lifetime of the measures. A total resource cost test compares

the sum of avoided electric utility costs, representing the

benefits that accrue to the system and the participant in the

delivery of those efficiency measures and including avoided

costs associated with reduced use of natural gas or other

fuels, avoided costs associated with reduced water

consumption, and avoided costs associated with reduced

operation and maintenance costs, as well as other quantifiable

societal benefits, to the sum of all incremental costs of

end-use measures that are implemented due to the program

(including both utility and participant contributions), plus

costs to administer, deliver, and evaluate each demand-side

program, to quantify the net savings obtained by substituting

the demand-side program for supply resources. In calculating

avoided costs of power and energy that an electric utility

would otherwise have had to acquire, reasonable estimates

shall be included of financial costs likely to be imposed by

future regulations and legislation on emissions of greenhouse

gases. In discounting future societal costs and benefits for

the purpose of calculating net present values, a societal

discount rate based on actual, long-term Treasury bond yields

should be used. Notwithstanding anything to the contrary, the

TRC test shall not include or take into account a calculation

of market price suppression effects or demand reduction

induced price effects.

"Utility-scale solar project" means an electric generating

facility that:

(1) generates electricity using photovoltaic cells;

and

(2) has a nameplate capacity that is greater than

5,000 kilowatts.

"Utility-scale wind project" means an electric generating

facility that:

(1) generates electricity using wind; and

(2) has a nameplate capacity that is greater than

5,000 kilowatts.

"Waste Heat to Power Systems" means systems that capture

and generate electricity from energy that would otherwise be

lost to the atmosphere without the use of additional fuel.

"Zero emission credit" means a tradable credit that

represents the environmental attributes of one megawatt hour

of energy produced from a zero emission facility.

"Zero emission facility" means a facility that: (1) is

fueled by nuclear power; and (2) is interconnected with PJM

Interconnection, LLC or the Midcontinent Independent System

Operator, Inc., or their successors.

(Source: P.A. 102-662, eff. 9-15-21; revised 6-2-22.)

Section 130. The Illinois African-American Family

Commission Act is amended by changing Section 5 as follows:

(20 ILCS 3903/5)

Sec. 5. Legislative findings. It is the policy of this

State to promote family preservation and to preserve and

strengthen families.

(a) Over 12 million people live in Illinois.

African-Americans represent 15% of the population and 26% of

the residents living in Cook County. Despite some progress

over the last few decades, African-Americans in Illinois

continue to lag behind other racial groups relative to

indicators of well-being in education, employment, income, and

health. According to the 2000 U.S. Census, just 26% of the

African-American population over 25 years of age in Illinois

completed their high school education; 6% held an associate's

degree; less than 10% (9%) held a bachelor's degree; less than

5% (3%) held a master's degree; and less than one percent held

either a professional (.8%) or doctoral (.4%) degree.

These levels of education attainment reflect more

fundamental problems with retaining African-Americans in

school. The Illinois State Board of Education reported that

for the 2001-2002 school year, 36,373, or 6%, of students

enrolled in public high schools dropped out. Thirty-nine

percent of these students were African-Americans; 38% were

White; 21% were Hispanic; and 2% were classified as Other.

Although African-Americans make up 18% of the high school

population, they are disproportionately represented in the

number of students who are suspended and expelled. In the

2001-2002 school year, 29,068 students were suspended from

school. Forty-seven percent were White, 37% were

African-American, 14% were Hispanic, and 1% were classified as

Other. In regards to expulsions Statewide, the total number of

high school students expelled was 1,651. Forty-three percent

were African-American, 41% were White, 14% were Hispanic, and

2% were classified as Other. Within Chicago public schools,

448 students were expelled. Seventy-seven of these students

were African-American; 27% were White; 14% were Hispanic; and

4% were classified as Other. The fact that African-Americans

are more likely to be suspended or expelled from school also

contributes to the high dropout rate among African-American

high school students.

In addition to educational challenges, African-Americans

face challenges in the areas of employment and income. In the

year 2000, the unemployment rate for African-Americans age 16

years or older was 15% compared to only 6% for the total

Illinois population. Moreover, the median household income of

African-Americans in Illinois was $31,699 compared to $46,590

for the total Illinois population, and the percentage of

African-American families below the poverty level in Illinois

was 26% percent in 1999 compared to 10.7% for the total

Illinois population in that same year.

Indicators of child welfare and criminal justice reveal

still more challenges that African-American families face in

Illinois. In 2000, African-American children represented 18%

of children 18 years of age and under, but comprised 73% of

children in substitute care. African-Americans are also

overrepresented in the criminal justice population. Of the

total Illinois adult inmate population in the year 2000, 65%

were African-American. During this same time period,

African-American youth represented 58% of the juvenile inmate

population in Illinois.

While the leading causes of death among African-Americans

are the same as those for the general population in Illinois,

African-Americans have a higher rate of death per 100,000

residents. The rate of overall deaths per 100,000 residents

among African-Americans in the year 2000 was 1,181; 847 for

Whites; and 411 for those classified as Other. The rate of

cancer-related deaths per 100,000 residents by racial or

ethnic groups in 2000 was: 278 African-Americans; 206 Whites;

and 110 of those classified as Other. The rate of

diabetes-related deaths per 100,000 residents among

African-Americans in 2000 was 41 compared to 23 for Whites and

13 for those classified as Other. The rate of deaths per

100,000 residents by heart disease among African-Americans in

2000 was 352 compared to 257 for Whites and 120 for those

classified as Other. The rate of deaths per 100,000 residents

by stroke among African-Americans in 2000 was 75; 60 for

Whites; and 35 for those classified as Other.

African-Americans had higher rates of smoking and obesity

than other racial groups in Illinois in 2001.

African-Americans accounted for more of the new

adult/adolescent AIDS cases, cumulative adult/adolescent AIDS

cases, and number of people living with AIDS than other racial

groups in Illinois in the year 2002. Still, 23% of uninsured

persons in Illinois are African-American.

(b) The Illinois African-American Family Commission

continues to be an essential key to promoting the preservation

and strengthening of families. As of January 1, 2015 (the

effective date of Public Act 98-693) this amendatory Act of

the 98th General Assembly, just under 13 million people live

in Illinois. African-Americans represent 15% of the population

and 25% of the residents living in Cook County. Despite some

progress over the last few decades, African-Americans in

Illinois continue to lag behind other racial groups relative

to indicators of well-being in education, employment, income,

and health. According to the 2010 federal decennial census:

just 28% of the African-American population over 25 years of

age in Illinois completed their high school education; 36% had

some college or an associate's degree; less than 12% held a

bachelor's degree; less than 8% held either a graduate or

professional degree.

These levels of education attainment reflect more

fundamental problems with retaining African-Americans in

school. The State Board of Education reported that for the

2010-2011 school year, 18,210, or 2.77%, of students enrolled

in public high schools dropped out. 39.3% of these students

were African-Americans; 32.6% were White; 24.2% were Hispanic;

and 2% were classified as Other.

Although African-Americans make up 20% of the high school

population, they are disproportionately represented in the

number of students who are suspended and expelled. In the

2011-2012 school year, 29,928 students were suspended from

school. 36% were White, 34% were African-American, 26% were

Hispanic, and 4% were classified as Other. With regard to

expulsions statewide, the total number of high school students

expelled was 982. 37% were African-American, 41% were White,

21% were Hispanic, and 2% were classified as Other. Within

Chicago public schools, 294 students were expelled. 80% of

these students were African-American; none were White; 17%

were Hispanic; and 3% were classified as Other. The fact that

African-Americans are more likely to be suspended or expelled

from school also contributes to the high dropout rate among

African-American high school students.

In addition to educational challenges, African-Americans

face challenges in the areas of employment and income. In the

year 2010, the unemployment rate for African-Americans age 16

years or older was 16% compared to only 9% for the total

Illinois population. Moreover, the median household income of

African-Americans in Illinois was $34,874 compared to $60,433

for the total Illinois population, and the percentage of

African-American families below the poverty level in Illinois

was 32% percent in 2012 compared to 15% for the total Illinois

population in that same year.

Indicators of child welfare and criminal justice reveal

still more challenges that African-American families face in

Illinois. In 2010, African-American children represented 14%

of children 18 years of age and under, but comprised 56% of

children in substitute care. African-Americans are also

overrepresented in the criminal justice population. Of the

total Illinois adult inmate population in the year 2012, 57%

were African-American. During this same time period,

African-American youth represented 66% of the juvenile inmate

population in Illinois.

While the leading causes of death among African-Americans

are the same as those for the general population in Illinois,

African-Americans have a higher rate of death per 100,000

residents. The rate of overall deaths per 100,000 residents

among African-Americans in the year 2010 was 898; 741 for

Whites; and 458 for those classified as Other. The rate of

cancer-related deaths per 100,000 residents by racial or

ethnic groups in 2010 was 216 for African-Americans; 179 for

Whites; and 124 for those classified as Other. The rate of

diabetes-related deaths per 100,000 residents among

African-Americans in 2010 was 114 compared to 66 for Whites

and 75 for those classified as Other. The rate of deaths per

100,000 residents by heart disease among African-Americans in

2010 was 232 compared to 179 for Whites and 121 for those

classified as Other. The rate of deaths per 100,000 residents

by stroke among African-Americans in 2010 was 108; 73 for

Whites; and 56 for those classified as Other.

African-Americans had higher rates of smoking and obesity

than other racial groups in Illinois in 2013.

African-Americans accounted for more of the new

adult/adolescent AIDS cases, cumulative adult/adolescent AIDS

cases, and number of people living with AIDS than other racial

groups in Illinois in the year 2013. Still, 24% of uninsured

persons in Illinois are African-American.

(c) These huge disparities in education, employment,

income, child welfare, criminal justice, and health

demonstrate the tremendous challenges facing the

African-American family in Illinois. These challenges are

severe. There is a need for government, child and family

advocates, and other key stakeholders to create and implement

public policies to address the health and social crises facing

African-American families. The development of given solutions

clearly transcends any one State agency and requires a

coordinated effort. The Illinois African-American Family

Commission shall assist State agencies with this task.

The African-American Family Commission was created in

October 1994 by Executive Order to assist the Illinois

Department of Children and Family Services in developing and

implementing programs and public policies that affect the

State's child welfare system. The Commission has a proven

track record of bringing State agencies, community providers,

and consumers together to address child welfare issues. The

ability of the Commission to address the above-mentioned

health issues, community factors, and the personal well-being

of African-American families and children has been limited due

to the Executive Order's focus on child welfare. It is

apparent that broader issues of health, mental health,

criminal justice, education, and economic development also

directly affect the health and well-being of African-American

families and children. Accordingly, the role of the Illinois

African-American Family Commission is hereby expanded to

encompass working relationships with every department, agency,

and commission within State government if any of its

activities impact African-American children and families. The

focus of the Commission is hereby restructured and shall exist

by legislative mandate to engage State agencies in its efforts

to preserve and strengthen African-American families.

(Source: P.A. 98-693, eff. 1-1-15; revised 9-14-22.)

Section 135. The Illinois Vehicle Hijacking and Motor

Vehicle Theft Prevention and Insurance Verification Act is

amended by changing Sections 8.5 and 8.6 as follows:

(20 ILCS 4005/8.5)

(Section scheduled to be repealed on January 1, 2025)

Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle

Theft Prevention Trust Fund. The State Police Vehicle

Hijacking and Motor Vehicle Theft Prevention Trust Fund is

created as a trust fund in the State treasury. The State

Treasurer shall be the custodian of the Fund. The State Police

Vehicle Hijacking and Motor Vehicle Theft Prevention Trust

Fund is established to receive funds from the Illinois Vehicle

Hijacking and Motor Vehicle Theft Prevention and Insurance

Verification Council. All interest earned from the investment

or deposit of moneys accumulated in the Fund shall be

deposited into the Fund. Moneys in the Fund shall be used by

the Illinois State Police for motor vehicle theft prevention

purposes.

(Source: P.A. 102-538, eff. 8-20-21; 102-775, eff. 5-13-22;

102-904, eff. 1-1-23; revised 12-13-22.)

(20 ILCS 4005/8.6)

Sec. 8.6. State Police Training and Academy Fund; Law

Enforcement Training Fund. Before April 1 of each year, each

insurer engaged in writing private passenger motor vehicle

insurance coverage that is included in Class 2 and Class 3 of

Section 4 of the Illinois Insurance Code, as a condition of its

authority to transact business in this State, may collect and

shall pay to the Department of Insurance an amount equal to $4,

or a lesser amount determined by the Illinois Law Enforcement

Training Standards Board by rule, multiplied by the insurer's

total earned car years of private passenger motor vehicle

insurance policies providing physical damage insurance

coverage written in this State during the preceding calendar

year. Of the amounts collected under this Section, the

Department of Insurance shall deposit 10% into the State

Police Training and Academy Fund and 90% into the Law

Enforcement Training Fund.

(Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;

102-1071, eff. 6-10-22; revised 9-1-22.)

Section 140. The Task Force on Missing and Murdered

Chicago Women Act is amended by changing Section 10 as

follows:

(20 ILCS 4119/10)

Sec. 10. Task Force on Missing and Murdered Chicago Women.

(a) The Executive Director of the Illinois Criminal

Justice Information Authority or the Executive Director's

designee, in consultation with the Director of the Illinois

State Police and the Chicago Police Superintendent, shall

appoint the non-legislative members to the Task Force on

Missing and Murdered Chicago Women to advise the Director and

the Chicago Police Superintendent and to report to the General

Assembly on recommendations to reduce and end violence against

Chicago women and girls. The Task Force may also serve as a

liaison between the Director, the Chicago Police

Superintendent, and agencies and nongovernmental organizations

that provide services to victims, victims' families, and

victims' communities. Task Force members shall serve without

compensation but may, subject to appropriation, receive

reimbursement for their expenses as members of the Task Force.

(b) There is created the Task Force on Missing and

Murdered Chicago Women, which shall consist of the following

individuals, or their designees, who are knowledgeable in

crime victims' rights or violence protection and, unless

otherwise specified, members shall be appointed for 2-year

terms as follows:

(1) Two members of the Senate, one appointed by the

President of the Senate and one appointed by the Minority

Leader of the Senate; .

(2) Two members of the House of Representatives, one

appointed by the Speaker of the House of Representatives

and one appointed by the Minority Leader of the House of

Representatives; .

(3) Two members from among the following appointed by

the Executive Director of the Illinois Criminal Justice

Information Authority or the Executive Director's

designee:

(A) an association representing Illinois chiefs of

police;

(B) an association representing Illinois sheriffs;

(C) an officer who is employed by the Illinois

State Police; or

(D) an Illinois peace officer's association; .

(4) One or more representatives from among the

following:

(A) an association representing State's Attorneys;

(B) an attorney representing the United States

Attorney's Office in Chicago; or

(C) a circuit judge, associate judge, or attorney

working in juvenile court;

(D) the Cook County Medical Examiner, or his or

her designee, or a representative from a statewide

coroner's or medical examiner's association or a

representative of the Department of Public Health;

(5) Two representatives for victims, with a focus on

individuals who work with victims of violence or their

families appointed by the Executive Director of the

Illinois Criminal Justice Information Authority or the

Executive Director's designee; and

(6) Four or more members from among the following

appointed by the Executive Director of the Illinois

Criminal Justice Information Authority or the Executive

Director's designee:

(A) a statewide or local organization that

provides legal services to Chicago women and girls;

(B) a statewide or local organization that

provides advocacy or counseling for Chicago women and

girls who have been victims of violence;

(C) a statewide or local organization that

provides healthcare services to Chicago women and

girls;

(D) a statewide organization that represents women

and girls who have been sexually assaulted;

(E) a women's health organization or agency; or

(F) a Chicago woman who is a survivor of

gender-related violence.

(c) Vacancies in positions appointed by the Executive

Director of the Illinois Criminal Justice Information

Authority or the Executive Director's designee shall be filled

by the Executive Director of the Illinois Criminal Justice

Information Authority or the Executive Director's designee

consistent with the qualifications of the vacating member

required by this Section.

(d) Task Force members shall annually elect a chair and

vice-chair from among the Task Force's members, and may elect

other officers as necessary. The Task Force shall meet at

least quarterly, or upon the call of its chair, and may hold

meetings throughout the City of Chicago. The Task Force shall

meet frequently enough to accomplish the tasks identified in

this Section. Meetings of the Task Force are subject to the

Open Meetings Act. The Task Force shall seek out and enlist the

cooperation and assistance of nongovernmental organizations,

community, and advocacy organizations working with the Chicago

community, and academic researchers and experts, specifically

those specializing in violence against Chicago women and

girls, representing diverse communities disproportionately

affected by violence against women and girls, or focusing on

issues related to gender-related violence and violence against

Chicago women and girls.

(e) The Executive Director of the Illinois Criminal

Justice Information Authority or the Executive Director's

designee shall convene the first meeting of the Task Force no

later than 30 days after the appointment of a majority of the

members of the Task Force. The Illinois Criminal Justice

Information Authority shall provide meeting space and

administrative assistance as necessary for the Task Force to

conduct its work. The chair of the Task Force may call

electronic meetings of the Task Force. A member of the Task

Force participating electronically shall be deemed present for

purposes of establishing a quorum and voting.

(f) The Task Force must examine and report on the

following:

(1) the systemic causes behind violence that Chicago

women and girls experience, including patterns and

underlying factors that explain why disproportionately

high levels of violence occur against Chicago women and

girls, including underlying historical, social, economic,

institutional, and cultural factors that may contribute to

the violence;

(2) appropriate methods for tracking and collecting

data on violence against Chicago women and girls,

including data on missing and murdered Chicago women and

girls;

(3) policies and institutions such as policing, child

welfare, medical examiner practices, and other

governmental practices that impact violence against

Chicago women and girls and the investigation and

prosecution of crimes of gender-related violence against

Chicago residents;

(4) measures necessary to address and reduce violence

against Chicago women and girls; and

(5) measures to help victims, victims' families, and

victims' communities prevent and heal from violence that

occurs against Chicago women and girls.

(g) The Task Force shall report on or before December 31 of

2024, and on or before December 31 of each year thereafter, to

the General Assembly and the Governor on the work of the Task

Force, including, but not limited to, the issues to be

examined in subsection (g), and shall include in the annual

report recommendations regarding institutional policies and

practices or proposed institutional policies and practices

that are effective in reducing gender-related violence and

increasing the safety of Chicago women and girls. The report

shall include recommendations to reduce and end violence

against Chicago women and girls and help victims and

communities heal from gender-related violence and violence

against Chicago women and girls.

(Source: P.A. 102-1057, eff. 1-1-23; revised 12-16-22.)

Section 150. The Legislative Audit Commission Act is

amended by changing Section 3 as follows:

(25 ILCS 150/3) (from Ch. 63, par. 106)

Sec. 3. The Commission shall receive the reports of the

Auditor General and other financial statements and shall

determine what remedial measures, if any, are needed, and

whether special studies and investigations are necessary. If

the Commission shall deem such studies and investigations to

be necessary, the Commission may direct the Auditor General to

undertake such studies or investigations.

When a disagreement between the Audit Commission and an

agency under the Governor's jurisdiction arises in the process

of the Audit Commission's review of audit reports relating to

such agency, the Audit Commission shall promptly advise the

Governor of such areas of disagreement. The Governor shall

respond to the Audit Commission within a reasonable period of

time, and in no event later than 60 days, expressing his views

concerning such areas of disagreement and indicating the

corrective action taken by his office with reference thereto

or, if no action is taken, indicating the reasons therefor.

The Audit Commission also promptly shall advise all other

responsible officials of the Executive, Judicial, and

Legislative branches of the State government of areas of

disagreement arising in the process of the Commission's review

of their respective audit reports. With reference to his

particular office, each such responsible official shall

respond to the Audit Commission within a reasonable period of

time, and in no event later than 60 days, expressing his view

concerning such areas of disagreement and indicating the

corrective action taken with reference thereto or stating the

reasons that no action has been taken.

The Commission shall report its activities to the General

Assembly including such remedial measures as it deems to be

necessary. The report of the Commission shall be made to the

General Assembly not less often than annually and not later

than March 1 in each year.

The requirement for reporting to the General Assembly

shall be satisfied by filing copies of the report as required

by Section 3.1 of the General Assembly Organization Act, and

filing such additional copies with the State Government Report

Distribution Center for the General Assembly as is required

under paragraph (t) of Section 7 of the State Library Act.

In addition, the Commission has the powers and duties

provided for in the "Illinois State Auditing Act", enacted by

the 78th General Assembly, and, if the provisions of that Act

are conflict with those of this Act, that Act prevails.

(Source: P.A. 100-1148, eff. 12-10-18; revised 9-12-22.)

Section 155. The State Finance Act is amended by setting

forth and renumbering multiple versions of Sections 5.935,

5.970, 5.971, 5.972, 5.973, 5.974, 5.975, 5.976, and 6z-131,

by changing Sections 6z-18, 6z-64, 6z-126, and 29a, and by

setting forth, renumbering, and changing multiple versions of

Section 6z-130 as follows:

(30 ILCS 105/5.935)

Sec. 5.935. The Freedom Schools Fund.

(Source: P.A. 101-654, eff. 3-8-21; 102-813, eff. 5-13-22.)

(30 ILCS 105/5.965)

Sec. 5.965 5.935. The 100 Club of Illinois Fund.

(Source: P.A. 102-1060, eff. 6-10-22; revised 7-27-22.)

(30 ILCS 105/5.966)

Sec. 5.966 5.970. The Serve Illinois Commission Fund.

(Source: P.A. 102-699, eff. 4-19-22; revised 7-27-22.)

(30 ILCS 105/5.967)

Sec. 5.967 5.970. The Illinois Production Workforce

Development Fund.

(Source: P.A. 102-700, eff. 4-19-22; revised 7-27-22.)

(30 ILCS 105/5.968)

Sec. 5.968 5.970. The Law Enforcement Recruitment and

Retention Fund.

(Source: P.A. 102-755, eff. 5-10-22; revised 7-27-22.)

(30 ILCS 105/5.969)

Sec. 5.969 5.970. The Organized Retail Crime Enforcement

Fund.

(Source: P.A. 102-757, eff. 1-1-23; revised 1-10-23.)

(30 ILCS 105/5.970)

Sec. 5.970. The Future Farmers of America Fund.

(Source: P.A. 102-809, eff. 1-1-23.)

(30 ILCS 105/5.971)

Sec. 5.971. The Statewide 9-8-8 Trust Fund.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 105/5.972)

Sec. 5.972. The Board of Higher Education State Contracts

and Grants Fund.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 105/5.973)

Sec. 5.973. The Agriculture Federal Projects Fund.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 105/5.974)

Sec. 5.974. The DNR Federal Projects Fund.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 105/5.975)

Sec. 5.975. The Illinois Opioid Remediation State Trust

Fund.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 105/5.976)

Sec. 5.976. The General Assembly Technology Fund.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 105/5.977)

Sec. 5.977 5.970. The First Responder Behavioral Health

Grant Fund.

(Source: P.A. 102-911, eff. 1-1-23; revised 1-10-23.)

(30 ILCS 105/5.978)

Sec. 5.978 5.970. The Off-Hours Child Care Program Fund.

(Source: P.A. 102-912, eff. 5-27-22; revised 7-27-22.)

(30 ILCS 105/5.979)

Sec. 5.979 5.970. The Division of Real Estate General

Fund.

(Source: P.A. 102-970, eff. 5-27-22; revised 7-27-22.)

(30 ILCS 105/5.980)

Sec. 5.980 5.970. The Aeronautics Fund.

(Source: P.A. 102-1071, eff. 6-10-22; revised 7-27-22.)

(30 ILCS 105/5.981)

(Section scheduled to be repealed on January 1, 2024)

Sec. 5.981 5.971. The Grocery Tax Replacement Fund. This

Section is repealed January 1, 2024.

(Source: P.A. 102-700, eff. 4-19-22; revised 7-28-22.)

(30 ILCS 105/5.982)

Sec. 5.982 5.971. The Emergency Planning and Training

Fund.

(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)

(30 ILCS 105/5.983)

Sec. 5.983 5.972. The ISAC Accounts Receivable Fund.

(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)

(30 ILCS 105/5.984)

Sec. 5.984 5.973. The Motor Fuel and Petroleum Standards

Fund.

(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)

(30 ILCS 105/5.985)

Sec. 5.985 5.974. The State Small Business Credit

Initiative Fund.

(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)

(30 ILCS 105/5.986)

Sec. 5.986 5.975. The Public Pension Regulation Fund.

(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)

(30 ILCS 105/5.987)

Sec. 5.987 5.976. The Vehicle Inspection Fund.

(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)

(30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)

Sec. 6z-18. Local Government Tax Fund. A portion of the

money paid into the Local Government Tax Fund from sales of

tangible personal property taxed at the 1% rate under the

Retailers' Occupation Tax Act and the Service Occupation Tax

Act, which occurred in municipalities, shall be distributed to

each municipality based upon the sales which occurred in that

municipality. The remainder shall be distributed to each

county based upon the sales which occurred in the

unincorporated area of that county.

Moneys transferred from the Grocery Tax Replacement Fund

to the Local Government Tax Fund under Section 6z-130 shall be

treated under this Section in the same manner as if they had

been remitted with the return on which they were reported.

A portion of the money paid into the Local Government Tax

Fund from the 6.25% general use tax rate on the selling price

of tangible personal property which is purchased outside

Illinois at retail from a retailer and which is titled or

registered by any agency of this State's government shall be

distributed to municipalities as provided in this paragraph.

Each municipality shall receive the amount attributable to

sales for which Illinois addresses for titling or registration

purposes are given as being in such municipality. The

remainder of the money paid into the Local Government Tax Fund

from such sales shall be distributed to counties. Each county

shall receive the amount attributable to sales for which

Illinois addresses for titling or registration purposes are

given as being located in the unincorporated area of such

county.

A portion of the money paid into the Local Government Tax

Fund from the 6.25% general rate (and, beginning July 1, 2000

and through December 31, 2000, the 1.25% rate on motor fuel and

gasohol, and beginning on August 6, 2010 through August 15,

2010, and beginning again on August 5, 2022 through August 14,

2022, the 1.25% rate on sales tax holiday items) on sales

subject to taxation under the Retailers' Occupation Tax Act

and the Service Occupation Tax Act, which occurred in

municipalities, shall be distributed to each municipality,

based upon the sales which occurred in that municipality. The

remainder shall be distributed to each county, based upon the

sales which occurred in the unincorporated area of such

county.

For the purpose of determining allocation to the local

government unit, a retail sale by a producer of coal or other

mineral mined in Illinois is a sale at retail at the place

where the coal or other mineral mined in Illinois is extracted

from the earth. This paragraph does not apply to coal or other

mineral when it is delivered or shipped by the seller to the

purchaser at a point outside Illinois so that the sale is

exempt under the United States Constitution as a sale in

interstate or foreign commerce.

Whenever the Department determines that a refund of money

paid into the Local Government Tax Fund should be made to a

claimant instead of issuing a credit memorandum, the

Department shall notify the State Comptroller, who shall cause

the order to be drawn for the amount specified, and to the

person named, in such notification from the Department. Such

refund shall be paid by the State Treasurer out of the Local

Government Tax Fund.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the

Department of Revenue, the Comptroller shall order

transferred, and the Treasurer shall transfer, to the STAR

Bonds Revenue Fund the local sales tax increment, as defined

in the Innovation Development and Economy Act, collected

during the second preceding calendar month for sales within a

STAR bond district and deposited into the Local Government Tax

Fund, less 3% of that amount, which shall be transferred into

the Tax Compliance and Administration Fund and shall be used

by the Department, subject to appropriation, to cover the

costs of the Department in administering the Innovation

Development and Economy Act.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities

and counties, the municipalities and counties to be those

entitled to distribution of taxes or penalties paid to the

Department during the second preceding calendar month. The

amount to be paid to each municipality or county shall be the

amount (not including credit memoranda) collected during the

second preceding calendar month by the Department and paid

into the Local Government Tax Fund, plus an amount the

Department determines is necessary to offset any amounts which

were erroneously paid to a different taxing body, and not

including an amount equal to the amount of refunds made during

the second preceding calendar month by the Department, and not

including any amount which the Department determines is

necessary to offset any amounts which are payable to a

different taxing body but were erroneously paid to the

municipality or county, and not including any amounts that are

transferred to the STAR Bonds Revenue Fund. Within 10 days

after receipt, by the Comptroller, of the disbursement

certification to the municipalities and counties, provided for

in this Section to be given to the Comptroller by the

Department, the Comptroller shall cause the orders to be drawn

for the respective amounts in accordance with the directions

contained in such certification.

When certifying the amount of monthly disbursement to a

municipality or county under this Section, the Department

shall increase or decrease that amount by an amount necessary

to offset any misallocation of previous disbursements. The

offset amount shall be the amount erroneously disbursed within

the 6 months preceding the time a misallocation is discovered.

The provisions directing the distributions from the

special fund in the State treasury Treasury provided for in

this Section shall constitute an irrevocable and continuing

appropriation of all amounts as provided herein. The State

Treasurer and State Comptroller are hereby authorized to make

distributions as provided in this Section.

In construing any development, redevelopment, annexation,

preannexation, or other lawful agreement in effect prior to

September 1, 1990, which describes or refers to receipts from

a county or municipal retailers' occupation tax, use tax or

service occupation tax which now cannot be imposed, such

description or reference shall be deemed to include the

replacement revenue for such abolished taxes, distributed from

the Local Government Tax Fund.

As soon as possible after March 8, 2013 (the effective

date of Public Act 98-3) this amendatory Act of the 98th

General Assembly, the State Comptroller shall order and the

State Treasurer shall transfer $6,600,000 from the Local

Government Tax Fund to the Illinois State Medical Disciplinary

Fund.

(Source: P.A. 102-700, Article 60, Section 60-10, eff.

4-19-22; 102-700, Article 65, Section 65-15, eff. 4-19-22;

revised 6-2-22.)

(30 ILCS 105/6z-64)

Sec. 6z-64. The Workers' Compensation Revolving Fund.

(a) The Workers' Compensation Revolving Fund is created as

a revolving fund, not subject to fiscal year limitations, in

the State treasury. The following moneys shall be deposited

into the Fund:

(1) amounts authorized for transfer to the Fund from

the General Revenue Fund and other State funds (except for

funds classified by the Comptroller as federal trust funds

or State trust funds) pursuant to State law or Executive

Order;

(2) federal funds received by the Department of

Central Management Services (the "Department") as a result

of expenditures from the Fund;

(3) interest earned on moneys in the Fund;

(4) receipts or inter-fund transfers resulting from

billings issued to State agencies, officers, boards,

commissions, and universities for the cost of workers'

compensation services that are not compensated through the

specific fund transfers authorized by this Section, if

any;

(5) amounts received from a State agency, officer,

board, commission, or university for workers' compensation

payments for temporary total disability, as provided in

Section 405-105 of the Department of Central Management

Services Law of the Civil Administrative Code of Illinois;

and

(6) amounts recovered through subrogation in workers'

compensation and workers' occupational disease cases.

(b) Moneys in the Fund may be used by the Department for

reimbursement or payment for:

(1) providing workers' compensation services to State

agencies, officers, boards, commissions, and universities;

or

(2) providing for payment of administrative and other

expenses (and, beginning January 1, 2013, fees and charges

made pursuant to a contract with a private vendor)

incurred in providing workers' compensation services. The

Department, or any successor agency designated to enter

into contracts with one or more private vendors for the

administration of the workers' compensation program for

State employees pursuant to subdivision (10b) subsection

10b of Section 405-105 of the Department of Central

Management Services Law of the Civil Administrative Code

of Illinois, is authorized to establish one or more

special funds, as separate accounts provided by any bank

or banks as defined by the Illinois Banking Act, any

savings and loan association or associations as defined by

the Illinois Savings and Loan Act of 1985, or any credit

union as defined by the Illinois Credit Union Act, to be

held by the Director outside of the State treasury, for

the purpose of receiving the transfer of moneys from the

Workers' Compensation Revolving Fund. The Department may

promulgate rules further defining the methodology for the

transfers. Any interest earned by moneys in the funds or

accounts shall be deposited into the Workers' Compensation

Revolving Fund. The transferred moneys, and interest

accrued thereon, shall be used exclusively for transfers

to contracted private vendors or their financial

institutions for payments to workers' compensation

claimants and providers for workers' compensation

services, claims, and benefits pursuant to this Section

and subdivision (9) subsection 9 of Section 405-105 of the

Department of Central Management Services Law of the Civil

Administrative Code of Illinois. The transferred moneys,

and interest accrued thereon, shall not be used for any

other purpose, including, but not limited to,

reimbursement or payment of administrative fees due the

contracted vendor pursuant to its contract or contracts

with the Department.

(c) State agencies, officers, boards, and commissions may

direct the Comptroller to process inter-fund transfers or make

payment through the voucher and warrant process to the

Workers' Compensation Revolving Fund in satisfaction of

billings issued under subsection (a) of this Section.

(d) (Blank.).

(d-5) (Blank.).

(d-10) (Blank.).

(d-12) (Blank.).

(d-15) (Blank.).

(d-20) (Blank.).

(d-25) (Blank.).

(d-30) (Blank.).

(d-35) (Blank.).

(d-40) (Blank.).

(d-45) (Blank.).

(d-50) (Blank.).

(d-55) (Blank.).

(e) The term "workers' compensation services" means

services, claims expenses, and related administrative costs

incurred in performing the duties under Sections 405-105 and

405-411 of the Department of Central Management Services Law

of the Civil Administrative Code of Illinois.

(Source: P.A. 102-767, eff. 5-13-22; revised 9-13-22.)

(30 ILCS 105/6z-126)

Sec. 6z-126. Law Enforcement Training Fund. The Law

Enforcement Training Fund is hereby created as a special fund

in the State treasury. Moneys in the Fund shall consist of: (i)

90% of the revenue from increasing the insurance producer

license fees, as provided under subsection (a-5) of Section

500-135 of the Illinois Insurance Code; and (ii) 90% of the

moneys collected from auto insurance policy fees under Section

8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft

Prevention and Insurance Verification Act. This Fund shall be

used by the Illinois Law Enforcement Training Standards Board

to fund law enforcement certification compliance and the

development and provision of basic courses by Board-approved

academics, and in-service courses by approved academies.

(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23;

102-1071, eff. 6-10-22; revised 12-13-22.)

(30 ILCS 105/6z-130)

(Section scheduled to be repealed on January 1, 2024)

Sec. 6z-130. Grocery Tax Replacement Fund.

(a) The Grocery Tax Replacement Fund is hereby created as

a special fund in the State Treasury.

(b) On April 19, 2022 (the effective date of Public Act

102-700) this amendatory Act of the 102nd General Assembly, or

as soon thereafter as practical, but no later than June 30,

2022, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $325,000,000 from the

General Revenue Fund to the Grocery Tax Replacement Fund.

(c) On July 1, 2022, or as soon thereafter as practical,

the State Comptroller shall direct and the State Treasurer

shall transfer the sum of $75,000,000 from the General Revenue

Fund to the Grocery Tax Replacement Fund.

(d) In addition to any other transfers that may be

provided for by law, beginning on April 19, 2022 (the

effective date of Public Act 102-700) this amendatory Act of

the 102nd General Assembly and until November 30, 2023, the

Director may certify additional transfer amounts needed beyond

the amounts specified in subsections (b) and (c) to cover any

additional amounts needed to equal the net revenue that, but

for the reduction of the rate to 0% in the Use Tax Act, the

Service Use Tax Act, the Service Occupation Tax Act, and the

Retailers' Occupation Tax Act under Public Act 102-700 this

amendatory Act of the 102nd General Assembly, would have been

realized if the items that are subject to the rate reduction

had been taxed at the 1% rate during the period of the

reduction. The State Comptroller shall direct and the State

Treasurer shall transfer the amounts certified by the Director

from the General Revenue Fund to the Grocery Tax Replacement

Fund.

(e) In addition to any other transfers that may be

provided for by law, beginning on July 1, 2022 and until

December 1, 2023, at the direction of the Department of

Revenue, the State Comptroller shall direct and the State

Treasurer shall transfer from the Grocery Tax Replacement Fund

to the State and Local Sales Tax Reform Fund any amounts needed

to equal the net revenue that, but for the reduction of the

rate to 0% in the Use Tax Act and Service Use Tax Act under

Public Act 102-700 this amendatory Act of the 102nd General

Assembly, would have been deposited into the State and Local

Sales Tax Reform Fund if the items that are subject to the rate

reduction had been taxed at the 1% rate during the period of

the reduction.

(f) In addition to any other transfers that may be

provided for by law, beginning on July 1, 2022 and until

December 1, 2023, at the direction of the Department of

Revenue, the State Comptroller shall direct and the State

Treasurer shall transfer from the Grocery Tax Replacement Fund

to the Local Government Tax Fund any amounts needed to equal

the net revenue that, but for the reduction of the rate to 0%

in the Service Occupation Tax Act and the Retailers'

Occupation Tax Act under Public Act 102-700 this amendatory

Act of the 102nd General Assembly, would have been deposited

into the Local Government Tax Fund if the items that are

subject to the rate reduction had been taxed at the 1% rate

during the period of the reduction.

(g) The State Comptroller shall direct and the State

Treasurer shall transfer the remaining balance in the Grocery

Tax Replacement Fund to the General Revenue Fund on December

1, 2023, or as soon thereafter as practical. Upon completion

of the transfer, the Grocery Tax Replacement Fund is

dissolved.

(h) This Section is repealed on January 1, 2024.

(Source: P.A. 102-700, eff. 4-19-22; revised 8-1-22.)

(30 ILCS 105/6z-131)

Sec. 6z-131. Agriculture Federal Projects Fund. The

Agriculture Federal Projects Fund is established as a federal

trust fund in the State treasury. This Fund is established to

receive funds from all federal departments and agencies,

including grants and awards. In addition, the Fund may also

receive interagency receipts from other State agencies and

funds from other public and private sources. Moneys in the

Agriculture Federal Projects Fund shall be held by the State

Treasurer as ex officio custodian and shall be used for the

specific purposes established by the terms and conditions of

the federal grant or award and for other authorized expenses

in accordance with federal requirements. Other moneys

deposited into the Fund may be used for purposes associated

with the federally financed projects.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 105/6z-135)

Sec. 6z-135 6z-130. The Law Enforcement Recruitment and

Retention Fund.

(a) The Law Enforcement Recruitment and Retention Fund is

hereby created as a special fund in the State Treasury.

(b) Subject to appropriation, moneys in the Law

Enforcement Recruitment and Retention Fund shall be used by

the Illinois Law Enforcement Training Standards Board to award

grants to units of local government, public institutions of

higher education, and qualified nonprofit entities for the

purpose of hiring and retaining law enforcement officers.

(c) When awarding grants, the Board shall prioritize:

(1) grants that will be used to hire, retain, or hire

and retain law enforcement officers in underserved areas

and areas experiencing the most need;

(2) achieving demographic and geographic diversity of

law enforcement officers that are recruited or hired by

applicants that are awarded grants;

(3) maximizing the effects of moneys spent on the

actual recruitment and retention of law enforcement

officers; and

(4) providing grants that can impact multiple

employers.

(d) Moneys received for the purposes of this Section,

including, but not limited to, fee receipts, gifts, grants,

and awards from any public or private entity, must be

deposited into the Fund. Any interest earned on moneys in the

Fund must be deposited into the Fund.

(e) The Illinois Law Enforcement Training Standards Board

may, by rule, set requirements for the distribution of grant

moneys and determine which entities are eligible.

(f) The Illinois Law Enforcement Training Standards Board

shall consider compliance with the Uniform Crime Reporting Act

as a factor in awarding grant moneys.

(g) As used in this Section, "qualified nonprofit entity"

means a nonprofit entity, as defined by the Board by rule, that

has established experience in recruitment and retention of law

enforcement officers in Illinois.

(Source: P.A. 102-755, eff. 5-10-22; revised 8-1-22.)

(30 ILCS 105/6z-136)

Sec. 6z-136 6z-130. Industrial Biotechnology Human Capital

Fund.

(a) The Industrial Biotechnology Human Capital Fund is

created as a special fund in the State treasury and may receive

funds from any source, public or private, including moneys

appropriated for use by the Department of Commerce and

Economic Opportunity and laboratories and institutions

conducting industrial biotechnology research. Subject to

appropriation, the Industrial Biotechnology Human Capital Fund

shall receive moneys from the General Revenue Fund until June

30, 2025. Each eligible entity receiving a grant under this

Section shall, as a condition of receiving the grant,

contribute moneys to the Fund as part of a cost-sharing

agreement between the grantee and the Department of Commerce

and Economic Opportunity in accordance with rules adopted by

the Department of Commerce and Economic Opportunity. Grants

issued under this the Section may be for a period of 2 years.

An eligible entity issued a grant under this Section Sections

shall be eligible for more than one such grant, but no more

than one grant annually, for the purpose of hiring and

retaining experts in residence Experts in Residence; however,

such entity may maintain more than one grant at any given time.

(b) Subject to appropriation, moneys in the Fund shall be

used for providing grants to laboratories and research

institutions for the purpose of hiring and retaining in-house

specialists, to be known as experts in residence, with the

knowledge and experience in moving industrial biotechnology

products through the development phase.

(c) To be eligible for grants provided from the Fund, an

entity must be a State-sponsored, university-affiliated

laboratory or research institution conducting collaboratives

or for-hire research in the development of biorenewable

chemicals, bio-based polymers, materials, novel feeds, or

additional value added biorenewables. Eligible entities must

also establish that the expert in residence

Expert-In-Residence they seek to hire or retain using the

grant funds possesses expertise in fermentation engineering,

process engineering, catalytic engineering, analytical

chemistry, or is a scale-up specialist.

(d) On or before January 31 of the next calendar year to

occur after the last day of any State fiscal year in which the

Department of Commerce and Economic Opportunity receives State

funding for the Program under this Section, the Department of

Commerce and Economic Opportunity shall submit an annual

report to the General Assembly and the Governor on the use of

moneys in the Fund. The report shall include, but not be

limited to: (i) the number of laboratories or institutions

utilizing moneys in the Fund, including the name of such

entities; (ii) the number of experts in residence hired by

each laboratory or institution; (iii) the expertise or

specialty area of each expert in residence hired or retained;

and (iv) a summary of the benefit to the economy of the State

of Illinois economy in providing the grants.

(e) The Department of Commerce and Economic Opportunity

shall adopt all rules necessary for the implementation of this

Section.

(Source: P.A. 102-991, eff. 1-1-23; revised 8-1-22.)

(30 ILCS 105/6z-137)

Sec. 6z-137 6z-131. Industrial Biotechnology Capital

Maintenance Fund.

(a) The Industrial Biotechnology Capital Maintenance Fund

is created as a special fund in the State treasury and may

receive funds from any source, public or private, including

from moneys appropriated for use by the Department of Commerce

and Economic Opportunity and laboratories and institutions

conducting industrial biotechnology research.

(b) Subject to appropriation, moneys in the Fund shall be

used for providing grants to laboratories and research

institutions for the purpose of maintenance and repair of

capital assets. Such maintenance and repairs of capital assets

shall be designed to extend the serviceable life of equipment

and buildings and expand the capacity of equipment and

buildings by at least 10%. For the purposes of this Section,

"capital assets" means equipment or buildings that have a

value greater than $250,000.

(c) To be eligible for grants provided from the Fund, an

entity must be a State-sponsored, university-affiliated

laboratory or research institution conducting collaboratives

or for-hire research in the development of biorenewable

chemicals, bio-based polymers, materials, novel feeds, or

additional value added biorenewables. The Department of

Commerce and Economic Opportunity shall determine the

disbursement of moneys for the purposes of this Section. Each

eligible entity, as a condition of receiving a grant under

this Section, shall match up to at least 50% of the moneys to

be granted to the entity.

(d) On or before January 31 of the next calendar year to

occur after the last day of any State fiscal year in which the

Department of Commerce and Economic Opportunity receives State

funding for the Program under this Section, the Department of

Commerce and Economic Opportunity shall submit an annual

report to the General Assembly and the Governor on the use of

moneys in the Fund. The report shall include, but not be

limited to: (i) the name of the institution or laboratory

receiving funds; (ii) the capital assets that were maintained

or repaired at each institution or laboratory; (iii) the

expected usable life extension of each maintained or repaired

asset; and (iv) the capacity increase of each maintained or

repaired asset.

(e) The Department of Commerce and Economic Opportunity

shall adopt all rules necessary for the implementation of this

Section.

(Source: P.A. 102-991, eff. 1-1-23; revised 8-1-22.)

(30 ILCS 105/29a) (from Ch. 127, par. 165a)

Sec. 29a. The Department of Transportation is authorized

to contract with any bank or banks in the State for the payment

by such banks for the labor and services of day laborers

engaged in State road construction and maintenance work and

for emergency purchases in such work. Any such emergency

purchase shall not be for an amount in excess of $25.00. Such

bank or banks shall be reimbursed out of appropriations made

to the Department in accordance with the provisions of this

Act, and shall be paid such reasonable compensation for its

services as may be agreed on by the Department and the bank.

Such payments by any bank shall be made only upon the

authorization of some employee employe or agent of the

Department duly designated by it for this purpose. Such

employee employe or agent shall be required to furnish to the

Department a bond, to be paid for by the Department, in an

amount equal to twice the total of such payments at any one

time.

(Source: P.A. 81-840; revised 9-9-22.)

Section 160. The Illinois Procurement Code is amended by

changing Sections 35-40 and 45-23 as follows:

(30 ILCS 500/35-40)

Sec. 35-40. Subcontractors.

(a) Any contract granted under this Article shall state

whether the services of a subcontractor will be used. The

contract shall include the names and addresses of all

subcontractors with an annual value that exceeds the small

purchase maximum established by Section 20-20 of this Code,

the general type of work to be performed by these

subcontractors, and the expected amount of money each will

receive under the contract. Upon the request of the chief

procurement officer appointed pursuant to paragraph (2) of

subsection (a) of Section 10-20, the contractor shall provide

the chief procurement officer a copy of a subcontract so

identified within 15 calendar days after the request is made.

A subcontractor, or contractor on behalf of a subcontractor,

may identify information that is deemed proprietary or

confidential. If the chief procurement officer determines the

information is not relevant to the primary contract, the chief

procurement officer may excuse the inclusion of the

information. If the chief procurement officer determines the

information is proprietary or could harm the business interest

of the subcontractor, the chief procurement officer may, in

his or her discretion, redact the information. Redacted

information shall not become part of the public record.

(b) If at any time during the term of a contract, a

contractor adds or changes any subcontractors, he or she shall

promptly notify, in writing, the chief procurement officer for

matters other than construction or the higher education chief

procurement officer, whichever is appropriate, and the

responsible State purchasing officer, or their designee of the

names and addresses and the expected amount of money each new

or replaced subcontractor will receive. Upon request of the

chief procurement officer appointed pursuant to paragraph (2)

of subsection (a) of Section 10-20, the contractor shall

provide the chief procurement officer a copy of any new or

amended subcontract so identified within 15 calendar days

after the request is made.

(c) In addition to any other requirements of this Code, a

subcontract subject to this Section must include all of the

subcontractor's certifications required by Article 50 of this

Code.

(d) For purposes of this Section, the changes made by

Public Act 98-1076 this amendatory Act of the 98th General

Assembly apply to procurements solicited on or after January

1, 2015 (the effective date of Public Act 98-1076) this

amendatory Act of the 98th General Assembly.

(Source: P.A. 102-721, eff. 1-1-23; revised 12-9-22.)

(30 ILCS 500/45-23)

Sec. 45-23. Single-use plastics prohibition; preference.

(a) For the purposes of this Section:

"Compostable" means that the item meets the ASTM D6400

standard of compostability and has been certified by the

Biodegradable Products Institute as compostable.

"Compostable foodware" means containers, bowls, straws,

plates, trays, cartons, cups, lids, forks, spoons, knives, and

other items that are designed for one-time use for beverages,

prepared food, or leftovers from meals that are compostable.

"Plastic" means a synthetic material made from linking

monomers through a chemical reaction to create an organic

polymer chain that can be molded or extruded at high heat into

various solid forms retaining their defined shapes during

their life cycle and after disposal.

"Recyclable foodware" means items that are designed for

one-time use for beverages, prepared food, or leftovers from

meals and that are commonly accepted in local curbside

residential recycling pickup pick up.

"Single-use plastic disposable foodware" means containers,

bowls, straws, plates, trays, cartons, cups, lids, forks,

spoons, knives, and other items that are designed for one-time

use for beverages, prepared food, or leftovers from meals and

that are made of plastic, are not compostable, and are not

accepted in residential curbside recycling pickup pick up.

(b) When a State agency or institution of higher education

is to award a contract to the lowest responsible bidder, an

otherwise qualified bidder who will fulfill the contract

through the use of compostable foodware or recyclable foodware

may be given preference over other bidders unable to do so;

provided that the bid is not more than 5% greater than the cost

of products that are single-use plastic disposable foodware.

The contract awarded the cost preference in this subsection

(b) shall also include the option of providing the State

agency or institution of higher education with single-use

plastic straws.

(c) After January 1, 2023, State agencies and departments

may not procure single-use plastic disposable foodware for use

at any State parks or natural areas, and instead shall offer

only compostable foodware or recyclable foodware for use at

State parks or natural areas.

(d) After January 1, 2024, or at the renewal of its next

contract, whichever occurs later, no vendor contracted through

a State agency or department may provide customers with

single-use plastic disposable foodware at any site located at

a State park or a natural area, and instead shall offer only

compostable foodware or recyclable foodware for use at State

parks or natural areas.

(e) This Section does not apply to the procurement of

supplies for the Illinois State Fair.

(Source: P.A. 102-1081, eff. 1-1-23; revised 12-16-22.)

Section 165. The Community Behavioral Health Center

Infrastructure Act is amended by changing Section 5 as

follows:

(30 ILCS 732/5)

Sec. 5. Definitions. In this Act:

"Behavioral health center site" means a physical site

where a community behavioral health center shall provide

behavioral healthcare services linked to a particular

Department-contracted community behavioral healthcare

provider, from which this provider delivers a

Department-funded service and has the following

characteristics:

(i) The site must be owned, leased, or otherwise

controlled by a Department-funded provider.

(ii) A Department-funded provider may have multiple

service sites.

(iii) A Department-funded provider may provide both

Medicaid and non-Medicaid services for which they are

certified or approved at a certified site.

"Board" means the Capital Development Board.

"Community behavioral healthcare provider" includes, but

is not limited to, Department-contracted prevention,

intervention, or treatment care providers of services and

supports for persons with mental health services, alcohol and

substance abuse services, rehabilitation services, and early

intervention services provided by a vendor.

For the purposes of this definition, "vendor" includes,

but is not limited to, community providers, including

community-based organizations that are licensed to provide

prevention, intervention, or treatment services and support

for persons with mental illness or substance abuse problems in

this State, that comply with applicable federal, State, and

local rules and statutes, including, but not limited to, the

following:

(A) Federal requirements:

(1) Block Grants for Community Mental Health

Services, Subpart I & III, Part B, Title XIX, P.H.S.

Act/45 CFR C.F.R. Part 96.

(2) Medicaid (42 U.S.C. U.S.C.A. 1396 (1996)).

(3) 42 CFR C.F.R. 440 (Services: General

Provision) and 456 (Utilization Control) (1996).

(4) Health Insurance Portability and

Accountability Act (HIPAA) as specified in 45 CFR

C.F.R. Section 160.310.

(5) The Substance Abuse Prevention Block Grant

Regulations (45 CFR C.F.R. Part 96).

(6) Program Fraud Civil Remedies Act of 1986 (45

CFR C.F.R. Part 79).

(7) Federal regulations regarding Opioid

Maintenance Therapy (21 CFR C.F.R. 29) (21 CFR C.F.R.

1301-1307 (D.E.A.)).

(8) Federal regulations regarding Diagnostic,

Screening, Prevention, and Rehabilitation Services

(Medicaid) (42 CFR C.F.R. 440.130).

(9) Charitable Choice: Providers that qualify as

religious organizations under 42 CFR C.F.R. 54.2(b),

who comply with the Charitable Choice Regulations as

set forth in 42 CFR C.F.R. 54.1 et seq. with regard to

funds provided directly to pay for substance abuse

prevention and treatment services.

(B) State requirements:

(1) 59 Ill. Adm. Admin. Code 50, Office of

Inspector General Investigations of Alleged Abuse or

Neglect in State-Operated Facilities and Community

Agencies.

(2) (Blank). 59 Ill. Admin. Code 51, Office of

Inspector General Adults with Disabilities Project.

(3) 59 Ill. Adm. Admin. Code 103, Grants.

(4) 59 Ill. Adm. Admin. Code 115, Standards and

Licensure Requirements for Community-Integrated Living

Arrangements.

(5) 59 Ill. Adm. Admin. Code 117, Family

Assistance and Home-Based Support Programs for Persons

with Mental Disabilities.

(6) 59 Ill. Adm. Admin. Code 125, Recipient

Discharge/Linkage/Aftercare.

(7) 59 Ill. Adm. Admin. Code 131, Children's

Mental Health Screening, Assessment and Supportive

Services Program.

(8) 59 Ill. Adm. Admin. Code 132, Medicaid

Community Mental Health Services Program.

(9) (Blank). 59 Ill. Admin. Code 135, Individual

Care Grants for Mentally Ill Children.

(10) 89 Ill. Adm. Admin. Code 140, Medical

Payment.

(11) 89 Ill. Adm. Admin. Code 140.642, Screening

Assessment for Nursing Facility and Alternative

Residential Settings and Services.

(12) 89 Ill. Adm. Admin. Code 507, Audit

Requirements of Illinois Department of Human Services.

(13) 89 Ill. Adm. Admin. Code 509,

Fiscal/Administrative Recordkeeping and Requirements.

(14) 89 Ill. Adm. Admin. Code 511, Grants and

Grant Funds Recovery.

(15) 77 Ill. Adm. Admin. Code, Parts 2030, 2060,

and 2090.

(16) Title 77 Illinois Administrative Code:

(a) Part 630: Maternal and Child Health

Services Code.

(b) Part 635: Family Planning Services Code.

(c) Part 672: WIC Vendor Management Code.

(d) Part 2030: Award and Monitoring of Funds.

(e) Part 2200: School Based/Linked Health

Centers.

(17) Title 89 Illinois Administrative Code:

(a) Section Part 130.200: Administration of

Social Service Programs, Domestic Violence Shelter

and Service Programs.

(b) Part 310: Delivery of Youth Services

Funded by the Department of Human Services.

(c) Part 313: Community Services.

(d) Part 334: Administration and Funding of

Community-Based Services to Youth.

(e) Part 500: Early Intervention Program.

(f) Part 501: Partner Abuse Intervention.

(g) Part 507: Audit Requirements of DHS.

(h) Part 509: Fiscal/Administrative

Recordkeeping and Requirements.

(i) Part 511: Grants and Grant Funds Recovery.

(18) State statutes:

(a) The Mental Health and Developmental

Disabilities Code.

(b) The Community Services Act.

(c) The Mental Health and Developmental

Disabilities Confidentiality Act.

(d) The Substance Use Disorder Act.

(e) The Early Intervention Services System

Act.

(f) The Children and Family Services Act.

(g) The Illinois Commission on Volunteerism

and Community Services Act.

(h) The Department of Human Services Act.

(i) The Domestic Violence Shelters Act.

(j) The Illinois Youthbuild Act.

(k) The Civil Administrative Code of Illinois.

(l) The Illinois Grant Funds Recovery Act.

(m) The Child Care Act of 1969.

(n) The Solicitation for Charity Act.

(o) Sections 9-1, 12-4.5 through 12-4.7, and

12-13 of the The Illinois Public Aid Code (305

ILCS 5/9-1, 12-4.5 through 12-4.7, and 12-13).

(p) The Abused and Neglected Child Reporting

Act.

(q) The Charitable Trust Act.

(r) The Illinois Alcoholism and Other Drug

Dependency Act.

(C) The Provider shall be in compliance with all

applicable requirements for services and service reporting

as specified in the following Department manuals or

handbooks:

(1) DHS/DMH Provider Manual.

(2) DHS Mental Health CSA Program Manual.

(3) DHS/DMH PAS/MH Manual.

(4) Community Forensic Services Handbook.

(5) Community Mental Health Service Definitions

and Reimbursement Guide.

(6) DHS/DMH Collaborative Provider Manual.

(7) Handbook for Providers of Screening Assessment

and Support Services, Chapter CMH-200 Policy and

Procedures For Screening, Assessment and Support

Services.

(8) DHS Division of Substance Use Prevention and

Recovery:

(a) Contractual Policy Manual.

(b) Medicaid Handbook.

(c) DARTS Manual.

(9) Division of Substance Use Prevention and

Recovery Best Practice Program Guidelines for Specific

Populations.

(10) Division of Substance Use Prevention and

Recovery Contract Program Manual.

"Community behavioral healthcare services" means any of

the following:

(i) Behavioral health services, including, but not

limited to, prevention, intervention, or treatment care

services and support for eligible persons provided by a

vendor of the Department.

(ii) Referrals to providers of medical services and

other health-related services, including substance abuse

and mental health services.

(iii) Patient case management services, including

counseling, referral, and follow-up services, and other

services designed to assist community behavioral health

center patients in establishing eligibility for and

gaining access to federal, State, and local programs that

provide or financially support the provision of medical,

social, educational, or other related services.

(iv) Services that enable individuals to use the

services of the behavioral health center including

outreach and transportation services and, if a substantial

number of the individuals in the population are of limited

English-speaking ability, the services of appropriate

personnel fluent in the language spoken by a predominant

number of those individuals.

(v) Education of patients and the general population

served by the community behavioral health center regarding

the availability and proper use of behavioral health

services.

(vi) Additional behavioral healthcare services

consisting of services that are appropriate to meet the

health needs of the population served by the behavioral

health center involved and that may include housing

assistance.

"Department" means the Department of Human Services.

"Uninsured population" means persons who do not own

private healthcare insurance, are not part of a group

insurance plan, and are not eligible for any State or federal

government-sponsored healthcare program.

(Source: P.A. 100-759, eff. 1-1-19; revised 2-28-22.)

Section 170. The Downstate Public Transportation Act is

amended by changing Section 2-7 as follows:

(30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)

Sec. 2-7. Quarterly reports; annual audit.

(a) Any Metro-East Transit District participant shall, no

later than 60 days following the end of each quarter of any

fiscal year, file with the Department on forms provided by the

Department for that purpose, a report of the actual operating

deficit experienced during that quarter. The Department shall,

upon receipt of the quarterly report, determine whether the

operating deficits were incurred in conformity with the

program of proposed expenditures and services approved by the

Department pursuant to Section 2-11. Any Metro-East District

may either monthly or quarterly for any fiscal year file a

request for the participant's eligible share, as allocated in

accordance with Section 2-6, of the amounts transferred into

the Metro-East Public Transportation Fund.

(b) Each participant other than any Metro-East Transit

District participant shall, 30 days before the end of each

quarter, file with the Department on forms provided by the

Department for such purposes a report of the projected

eligible operating expenses to be incurred in the next quarter

and 30 days before the third and fourth quarters of any fiscal

year a statement of actual eligible operating expenses

incurred in the preceding quarters. Except as otherwise

provided in subsection (b-5), within 45 days of receipt by the

Department of such quarterly report, the Comptroller shall

order paid and the Treasurer shall pay from the Downstate

Public Transportation Fund to each participant an amount equal

to one-third of such participant's eligible operating

expenses; provided, however, that in Fiscal Year 1997, the

amount paid to each participant from the Downstate Public

Transportation Fund shall be an amount equal to 47% of such

participant's eligible operating expenses and shall be

increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 1999,

53% in Fiscal Year 2000, 55% in Fiscal Years 2001 through 2007,

and 65% in Fiscal Year 2008 and thereafter; however, in any

year that a participant receives funding under subsection (i)

of Section 2705-305 of the Department of Transportation Law

(20 ILCS 2705/2705-305), that participant shall be eligible

only for assistance equal to the following percentage of its

eligible operating expenses: 42% in Fiscal Year 1997, 44% in

Fiscal Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year

2000, and 50% in Fiscal Year 2001 and thereafter. Any such

payment for the third and fourth quarters of any fiscal year

shall be adjusted to reflect actual eligible operating

expenses for preceding quarters of such fiscal year. However,

no participant shall receive an amount less than that which

was received in the immediate prior year, provided in the

event of a shortfall in the fund those participants receiving

less than their full allocation pursuant to Section 2-6 of

this Article shall be the first participants to receive an

amount not less than that received in the immediate prior

year.

(b-5) (Blank.).

(b-10) On July 1, 2008, each participant shall receive an

appropriation in an amount equal to 65% of its fiscal year 2008

eligible operating expenses adjusted by the annual 10%

increase required by Section 2-2.04 of this Act. In no case

shall any participant receive an appropriation that is less

than its fiscal year 2008 appropriation. Every fiscal year

thereafter, each participant's appropriation shall increase by

10% over the appropriation established for the preceding

fiscal year as required by Section 2-2.04 of this Act.

(b-15) Beginning on July 1, 2007, and for each fiscal year

thereafter, each participant shall maintain a minimum local

share contribution (from farebox and all other local revenues)

equal to the actual amount provided in Fiscal Year 2006 or, for

new recipients, an amount equivalent to the local share

provided in the first year of participation. The local share

contribution shall be reduced by an amount equal to the total

amount of lost revenue for services provided under Section

2-15.2 and Section 2-15.3 of this Act.

(b-20) Any participant in the Downstate Public

Transportation Fund may use State operating assistance funding

pursuant to this Section to provide transportation services

within any county that is contiguous to its territorial

boundaries as defined by the Department and subject to

Departmental approval. Any such contiguous-area service

provided by a participant after July 1, 2007 must meet the

requirements of subsection (a) of Section 2-5.1.

(c) No later than 180 days following the last day of the

participant's Fiscal Year each participant shall provide the

Department with an audit prepared by a Certified Public

Accountant covering that Fiscal Year. For those participants

other than a Metro-East Transit District, any discrepancy

between the funds paid and the percentage of the eligible

operating expenses provided for by paragraph (b) of this

Section shall be reconciled by appropriate payment or credit.

In the case of any Metro-East Transit District, any amount of

payments from the Metro-East Public Transportation Fund which

exceed the eligible deficit of the participant shall be

reconciled by appropriate payment or credit.

(d) Upon the Department's final reconciliation

determination that identifies a discrepancy between the

Downstate Operating Assistance Program funds paid and the

percentage of the eligible operating expenses which results in

a reimbursement payment due to the Department, the participant

shall remit the reimbursement payment to the Department no

later than 90 days after written notification.

(e) Funds received by the Department from participants for

reimbursement as a result of an overpayment over payment from

a prior State fiscal year shall be deposited into the

Downstate Public Transportation Fund in the fiscal year in

which they are received and all unspent funds shall roll to

following fiscal years.

(f) Upon the Department's final reconciliation

determination that identifies a discrepancy between the

Downstate Operating Assistance Program funds paid and the

percentage of the eligible operating expenses which results in

a reimbursement payment due to the participant, the Department

shall remit the reimbursement payment to the participant no

later than 90 days after written notifications.

(Source: P.A. 102-626, eff. 8-27-21; 102-790, eff. 1-1-23;

revised 12-9-22.)

Section 175. The State Mandates Act is amended by changing

Sections 8.45 as follows:

(30 ILCS 805/8.45)

(Text of Section before amendment by P.A. 102-466)

Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and

8 of this Act, no reimbursement by the State is required for

the implementation of any mandate created by Public Act

102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125,

102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-540,

102-552, or 102-636, or 102-822.

(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21;

102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22;

102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff.

7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265,

eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21;

102-540, eff. 8-20-21; 102-552, eff. 1-1-22; 102-636, eff.

8-27-21; 102-813, eff. 5-13-22; 102-822, eff. 5-13-22; revised

7-26-22.)

(Text of Section after amendment by P.A. 102-466)

Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and

8 of this Act, no reimbursement by the State is required for

the implementation of any mandate created by Public Act

102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125,

102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-466,

102-540, 102-552, or 102-636, or 102-822.

(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21;

102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22;

102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff.

7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265,

eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21;

102-466, eff. 7-1-25; 102-540, eff. 8-20-21; 102-552, eff.

1-1-22; 102-636, eff. 8-27-21; 102-813, eff. 5-13-22; 102-822,

eff. 5-13-22; revised 7-26-22.)

Section 180. The Illinois Income Tax Act is amended by

changing Sections 212.1, 901, and 917 and by setting forth and

renumbering multiple versions of Section 232 as follows:

(35 ILCS 5/212.1)

(Section scheduled to be repealed on April 19, 2023)

Sec. 212.1. Individual income tax rebates.

(a) Each taxpayer who files an individual income tax

return under this Act, on or before October 17, 2022, for the

taxable year that began on January 1, 2021 and whose adjusted

gross income for the taxable year is less than (i) $400,000, in

the case of spouses filing a joint federal tax return, or (ii)

$200,000, in the case of all other taxpayers, is entitled to a

one-time rebate under this Section. The amount of the rebate

shall be $50 for single filers and $100 for spouses filing a

joint return, plus an additional $100 for each person who is

claimed as a dependent, up to 3 dependents, on the taxpayer's

federal income tax return for the taxable year that began on

January 1, 2021. A taxpayer who files an individual income tax

return under this Act for the taxable year that began on

January 1, 2021, and who is claimed as a dependent on another

individual's return for that year, is ineligible for the

rebate provided under this Section. Spouses who qualify for a

rebate under this Section and who file a joint return shall be

treated as a single taxpayer for the purposes of the rebate

under this Section. For a part-year resident, the amount of

the rebate under this Section shall be in proportion to the

amount of the taxpayer's income that is attributable to this

State for the taxable year that began on January 1, 2021.

Taxpayers who were non-residents for the taxable year that

began on January 1, 2021 are not entitled to a rebate under

this Section.

(b) Beginning on July 5, 2022, the Department shall

certify to the Comptroller the names of the taxpayers who are

eligible for a one-time rebate under this Section, the amounts

of those rebates, and any other information that the

Comptroller requires to direct the payment of the rebates

provided under this Section to taxpayers.

(c) If a taxpayer files an amended return indicating that

the taxpayer is entitled to a rebate under this Section that

the taxpayer did not receive, or indicating that the taxpayer

did not receive the full rebate amount to which the taxpayer is

entitled, then the rebate shall be processed in the same

manner as a claim for refund under Article 9. If the taxpayer

files an amended return indicating that the taxpayer received

a rebate under this Section to which the taxpayer is not

entitled, then the Department shall issue a notice of

deficiency as provided in Article 9.

(d) The Department shall make the rebate payments

authorized by this Section from the Income Tax Refund Fund.

(e) The amount of a rebate under this Section shall not be

included in the taxpayer's income or resources for the

purposes of determining eligibility or benefit level in any

means-tested benefit program administered by a governmental

entity unless required by federal law.

(f) Nothing in this Section prevents a taxpayer from

receiving the earned income tax credit and the rebate under

this Section for the same taxable year.

(g) Notwithstanding any other law to the contrary, the

rebates shall not be subject to offset by the Comptroller

against any liability owed either to the State or to any unit

of local government.

(h) The Department shall adopt rules for the

implementation of this Section, including emergency rules

under Section 5-45.28 5-45.21 of the Illinois Administrative

Procedure Act.

(i) This Section is repealed on April 19, 2023 (one year

after the effective date of Public Act 102-700) this

amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-700, eff. 4-19-22; revised 7-26-22.)

(35 ILCS 5/232)

Sec. 232. Tax credit for agritourism liability insurance.

(a) For taxable years beginning on or after January 1,

2022 and ending on or before December 31, 2023, any individual

or entity that operates an agritourism operation in the State

during the taxable year shall be entitled to a tax credit

against the tax imposed by subsections (a) and (b) of Section

201 equal to the lesser of 100% of the liability insurance

premiums paid by that individual or entity during the taxable

year or $1,000. To claim the credit, the taxpayer must apply to

the Department of Agriculture for a certificate of credit in

the form and manner required by the Department of Agriculture

by rule. If granted, the taxpayer shall attach a copy of the

certificate of credit to his or her Illinois income tax return

for the taxable year. The total amount of credits that may be

awarded by the Department of Agriculture may not exceed

$1,000,000 in any calendar year.

(b) For the purposes of this Section:

"Agricultural property" means property that is used in

whole or in part for production agriculture, as defined in

Section 3-35 of the Use Tax Act, or used in connection with one

or more of the following:

(1) the growing and harvesting of crops;

(2) the feeding, breeding, and management of

livestock;

(3) dairying or any other agricultural or

horticultural use or combination of those uses, including,

but not limited to, the harvesting of hay, grain, fruit,

or truck or vegetable crops, or floriculture, mushroom

growing, plant or tree nurseries, orchards, forestry, sod

farming, or greenhouses; or

(4) the keeping, raising, and feeding of livestock or

poultry, including dairying, poultry, swine, sheep, beef

cattle, ponies or horses, fur farming, bees, fish and

wildlife farming.

"Agritourism activities" includes, but is not limited to,

the following:

(1) historic, cultural, and on-site educational

programs;

(2) guided and self-guided tours, including school

tours;

(3) animal exhibitions or petting zoos;

(4) agricultural crop mazes, such as corn or flower

mazes;

(5) harvest-your-own or U-pick operations;

(6) horseback or pony rides; and

(7) hayrides or sleigh rides.

"Agritourism activities" does not include the following

activities:

(1) hunting;

(2) fishing;

(3) amusement rides;

(4) rodeos;

(5) off-road biking or motorized off-highway or

all-terrain vehicle activities;

(6) boating, swimming, canoeing, hiking, camping,

skiing, bounce houses, or similar activities; or

(7) entertainment venues such as weddings or concerts.

"Agritourism operation" means an individual or entity that

carries out agricultural activities on agricultural property

and allows members of the general public, for recreational,

entertainment, or educational purposes, to view or enjoy those

activities.

(c) If the taxpayer is a partnership or Subchapter S

corporation, the credit shall be allowed to the partners or

shareholders in accordance with the determination of income

and distributive share of income under Sections 702 and 704

and Subchapter S of the Internal Revenue Code.

(d) In no event shall a credit under this Section reduce

the taxpayer's liability to less than zero. If the amount of

the credit exceeds the tax liability for the year, the excess

may be carried forward and applied to the tax liability of the

5 taxable years following the excess credit year. The tax

credit shall be applied to the earliest year for which there is

a tax liability. If there are credits for more than one year

that are available to offset a liability, the earlier credit

shall be applied first.

(Source: P.A. 102-700, eff. 4-19-22.)

(35 ILCS 5/233)

Sec. 233 232. Recovery and Mental Health Tax Credit Act.

For taxable years beginning on or after January 1, 2023, a

taxpayer who has been awarded a credit under the Recovery and

Mental Health Tax Credit Act is entitled to a credit against

the tax imposed by subsections (a) and (b) of Section 201 as

provided in that Act. This Section is exempt from the

provisions of Section 250.

(Source: P.A. 102-1053, eff. 6-10-22; revised 8-3-22.)

(35 ILCS 5/901)

Sec. 901. Collection authority.

(a) In general. The Department shall collect the taxes

imposed by this Act. The Department shall collect certified

past due child support amounts under Section 2505-650 of the

Department of Revenue Law of the Civil Administrative Code of

Illinois. Except as provided in subsections (b), (c), (e),

(f), (g), and (h) of this Section, money collected pursuant to

subsections (a) and (b) of Section 201 of this Act shall be

paid into the General Revenue Fund in the State treasury;

money collected pursuant to subsections (c) and (d) of Section

201 of this Act shall be paid into the Personal Property Tax

Replacement Fund, a special fund in the State Treasury; and

money collected under Section 2505-650 of the Department of

Revenue Law of the Civil Administrative Code of Illinois shall

be paid into the Child Support Enforcement Trust Fund, a

special fund outside the State Treasury, or to the State

Disbursement Unit established under Section 10-26 of the

Illinois Public Aid Code, as directed by the Department of

Healthcare and Family Services.

(b) Local Government Distributive Fund. Beginning August

1, 2017 and continuing through July 31, 2022, the Treasurer

shall transfer each month from the General Revenue Fund to the

Local Government Distributive Fund an amount equal to the sum

of: (i) 6.06% (10% of the ratio of the 3% individual income tax

rate prior to 2011 to the 4.95% individual income tax rate

after July 1, 2017) of the net revenue realized from the tax

imposed by subsections (a) and (b) of Section 201 of this Act

upon individuals, trusts, and estates during the preceding

month; (ii) 6.85% (10% of the ratio of the 4.8% corporate

income tax rate prior to 2011 to the 7% corporate income tax

rate after July 1, 2017) of the net revenue realized from the

tax imposed by subsections (a) and (b) of Section 201 of this

Act upon corporations during the preceding month; and (iii)

beginning February 1, 2022, 6.06% of the net revenue realized

from the tax imposed by subsection (p) of Section 201 of this

Act upon electing pass-through entities. Beginning August 1,

2022, the Treasurer shall transfer each month from the General

Revenue Fund to the Local Government Distributive Fund an

amount equal to the sum of: (i) 6.16% of the net revenue

realized from the tax imposed by subsections (a) and (b) of

Section 201 of this Act upon individuals, trusts, and estates

during the preceding month; (ii) 6.85% of the net revenue

realized from the tax imposed by subsections (a) and (b) of

Section 201 of this Act upon corporations during the preceding

month; and (iii) 6.16% of the net revenue realized from the tax

imposed by subsection (p) of Section 201 of this Act upon

electing pass-through entities. Net revenue realized for a

month shall be defined as the revenue from the tax imposed by

subsections (a) and (b) of Section 201 of this Act which is

deposited in the General Revenue Fund, the Education

Assistance Fund, the Income Tax Surcharge Local Government

Distributive Fund, the Fund for the Advancement of Education,

and the Commitment to Human Services Fund during the month

minus the amount paid out of the General Revenue Fund in State

warrants during that same month as refunds to taxpayers for

overpayment of liability under the tax imposed by subsections

(a) and (b) of Section 201 of this Act.

Notwithstanding any provision of law to the contrary,

beginning on July 6, 2017 (the effective date of Public Act

100-23), those amounts required under this subsection (b) to

be transferred by the Treasurer into the Local Government

Distributive Fund from the General Revenue Fund shall be

directly deposited into the Local Government Distributive Fund

as the revenue is realized from the tax imposed by subsections

(a) and (b) of Section 201 of this Act.

(c) Deposits Into Income Tax Refund Fund.

(1) Beginning on January 1, 1989 and thereafter, the

Department shall deposit a percentage of the amounts

collected pursuant to subsections (a) and (b)(1), (2), and

(3) of Section 201 of this Act into a fund in the State

treasury known as the Income Tax Refund Fund. Beginning

with State fiscal year 1990 and for each fiscal year

thereafter, the percentage deposited into the Income Tax

Refund Fund during a fiscal year shall be the Annual

Percentage. For fiscal year 2011, the Annual Percentage

shall be 8.75%. For fiscal year 2012, the Annual

Percentage shall be 8.75%. For fiscal year 2013, the

Annual Percentage shall be 9.75%. For fiscal year 2014,

the Annual Percentage shall be 9.5%. For fiscal year 2015,

the Annual Percentage shall be 10%. For fiscal year 2018,

the Annual Percentage shall be 9.8%. For fiscal year 2019,

the Annual Percentage shall be 9.7%. For fiscal year 2020,

the Annual Percentage shall be 9.5%. For fiscal year 2021,

the Annual Percentage shall be 9%. For fiscal year 2022,

the Annual Percentage shall be 9.25%. For fiscal year

2023, the Annual Percentage shall be 9.25%. For all other

fiscal years, the Annual Percentage shall be calculated as

a fraction, the numerator of which shall be the amount of

refunds approved for payment by the Department during the

preceding fiscal year as a result of overpayment of tax

liability under subsections (a) and (b)(1), (2), and (3)

of Section 201 of this Act plus the amount of such refunds

remaining approved but unpaid at the end of the preceding

fiscal year, minus the amounts transferred into the Income

Tax Refund Fund from the Tobacco Settlement Recovery Fund,

and the denominator of which shall be the amounts which

will be collected pursuant to subsections (a) and (b)(1),

(2), and (3) of Section 201 of this Act during the

preceding fiscal year; except that in State fiscal year

2002, the Annual Percentage shall in no event exceed 7.6%.

The Director of Revenue shall certify the Annual

Percentage to the Comptroller on the last business day of

the fiscal year immediately preceding the fiscal year for

which it is to be effective.

(2) Beginning on January 1, 1989 and thereafter, the

Department shall deposit a percentage of the amounts

collected pursuant to subsections (a) and (b)(6), (7), and

(8), (c) and (d) of Section 201 of this Act into a fund in

the State treasury known as the Income Tax Refund Fund.

Beginning with State fiscal year 1990 and for each fiscal

year thereafter, the percentage deposited into the Income

Tax Refund Fund during a fiscal year shall be the Annual

Percentage. For fiscal year 2011, the Annual Percentage

shall be 17.5%. For fiscal year 2012, the Annual

Percentage shall be 17.5%. For fiscal year 2013, the

Annual Percentage shall be 14%. For fiscal year 2014, the

Annual Percentage shall be 13.4%. For fiscal year 2015,

the Annual Percentage shall be 14%. For fiscal year 2018,

the Annual Percentage shall be 17.5%. For fiscal year

2019, the Annual Percentage shall be 15.5%. For fiscal

year 2020, the Annual Percentage shall be 14.25%. For

fiscal year 2021, the Annual Percentage shall be 14%. For

fiscal year 2022, the Annual Percentage shall be 15%. For

fiscal year 2023, the Annual Percentage shall be 14.5%.

For all other fiscal years, the Annual Percentage shall be

calculated as a fraction, the numerator of which shall be

the amount of refunds approved for payment by the

Department during the preceding fiscal year as a result of

overpayment of tax liability under subsections (a) and

(b)(6), (7), and (8), (c) and (d) of Section 201 of this

Act plus the amount of such refunds remaining approved but

unpaid at the end of the preceding fiscal year, and the

denominator of which shall be the amounts which will be

collected pursuant to subsections (a) and (b)(6), (7), and

(8), (c) and (d) of Section 201 of this Act during the

preceding fiscal year; except that in State fiscal year

2002, the Annual Percentage shall in no event exceed 23%.

The Director of Revenue shall certify the Annual

Percentage to the Comptroller on the last business day of

the fiscal year immediately preceding the fiscal year for

which it is to be effective.

(3) The Comptroller shall order transferred and the

Treasurer shall transfer from the Tobacco Settlement

Recovery Fund to the Income Tax Refund Fund (i)

$35,000,000 in January, 2001, (ii) $35,000,000 in January,

2002, and (iii) $35,000,000 in January, 2003.

(d) Expenditures from Income Tax Refund Fund.

(1) Beginning January 1, 1989, money in the Income Tax

Refund Fund shall be expended exclusively for the purpose

of paying refunds resulting from overpayment of tax

liability under Section 201 of this Act and for making

transfers pursuant to this subsection (d), except that in

State fiscal years 2022 and 2023, moneys in the Income Tax

Refund Fund shall also be used to pay one-time rebate

payments as provided under Sections 208.5 and 212.1.

(2) The Director shall order payment of refunds

resulting from overpayment of tax liability under Section

201 of this Act from the Income Tax Refund Fund only to the

extent that amounts collected pursuant to Section 201 of

this Act and transfers pursuant to this subsection (d) and

item (3) of subsection (c) have been deposited and

retained in the Fund.

(3) As soon as possible after the end of each fiscal

year, the Director shall order transferred and the State

Treasurer and State Comptroller shall transfer from the

Income Tax Refund Fund to the Personal Property Tax

Replacement Fund an amount, certified by the Director to

the Comptroller, equal to the excess of the amount

collected pursuant to subsections (c) and (d) of Section

201 of this Act deposited into the Income Tax Refund Fund

during the fiscal year over the amount of refunds

resulting from overpayment of tax liability under

subsections (c) and (d) of Section 201 of this Act paid

from the Income Tax Refund Fund during the fiscal year.

(4) As soon as possible after the end of each fiscal

year, the Director shall order transferred and the State

Treasurer and State Comptroller shall transfer from the

Personal Property Tax Replacement Fund to the Income Tax

Refund Fund an amount, certified by the Director to the

Comptroller, equal to the excess of the amount of refunds

resulting from overpayment of tax liability under

subsections (c) and (d) of Section 201 of this Act paid

from the Income Tax Refund Fund during the fiscal year

over the amount collected pursuant to subsections (c) and

(d) of Section 201 of this Act deposited into the Income

Tax Refund Fund during the fiscal year.

(4.5) As soon as possible after the end of fiscal year

1999 and of each fiscal year thereafter, the Director

shall order transferred and the State Treasurer and State

Comptroller shall transfer from the Income Tax Refund Fund

to the General Revenue Fund any surplus remaining in the

Income Tax Refund Fund as of the end of such fiscal year;

excluding for fiscal years 2000, 2001, and 2002 amounts

attributable to transfers under item (3) of subsection (c)

less refunds resulting from the earned income tax credit,

and excluding for fiscal year 2022 amounts attributable to

transfers from the General Revenue Fund authorized by

Public Act 102-700 this amendatory Act of the 102nd

General Assembly.

(5) This Act shall constitute an irrevocable and

continuing appropriation from the Income Tax Refund Fund

for the purposes of (i) paying refunds upon the order of

the Director in accordance with the provisions of this

Section and (ii) paying one-time rebate payments under

Sections 208.5 and 212.1.

(e) Deposits into the Education Assistance Fund and the

Income Tax Surcharge Local Government Distributive Fund. On

July 1, 1991, and thereafter, of the amounts collected

pursuant to subsections (a) and (b) of Section 201 of this Act,

minus deposits into the Income Tax Refund Fund, the Department

shall deposit 7.3% into the Education Assistance Fund in the

State Treasury. Beginning July 1, 1991, and continuing through

January 31, 1993, of the amounts collected pursuant to

subsections (a) and (b) of Section 201 of the Illinois Income

Tax Act, minus deposits into the Income Tax Refund Fund, the

Department shall deposit 3.0% into the Income Tax Surcharge

Local Government Distributive Fund in the State Treasury.

Beginning February 1, 1993 and continuing through June 30,

1993, of the amounts collected pursuant to subsections (a) and

(b) of Section 201 of the Illinois Income Tax Act, minus

deposits into the Income Tax Refund Fund, the Department shall

deposit 4.4% into the Income Tax Surcharge Local Government

Distributive Fund in the State Treasury. Beginning July 1,

1993, and continuing through June 30, 1994, of the amounts

collected under subsections (a) and (b) of Section 201 of this

Act, minus deposits into the Income Tax Refund Fund, the

Department shall deposit 1.475% into the Income Tax Surcharge

Local Government Distributive Fund in the State Treasury.

(f) Deposits into the Fund for the Advancement of

Education. Beginning February 1, 2015, the Department shall

deposit the following portions of the revenue realized from

the tax imposed upon individuals, trusts, and estates by

subsections (a) and (b) of Section 201 of this Act, minus

deposits into the Income Tax Refund Fund, into the Fund for the

Advancement of Education:

(1) beginning February 1, 2015, and prior to February

1, 2025, 1/30; and

(2) beginning February 1, 2025, 1/26.

If the rate of tax imposed by subsection (a) and (b) of

Section 201 is reduced pursuant to Section 201.5 of this Act,

the Department shall not make the deposits required by this

subsection (f) on or after the effective date of the

reduction.

(g) Deposits into the Commitment to Human Services Fund.

Beginning February 1, 2015, the Department shall deposit the

following portions of the revenue realized from the tax

imposed upon individuals, trusts, and estates by subsections

(a) and (b) of Section 201 of this Act, minus deposits into the

Income Tax Refund Fund, into the Commitment to Human Services

Fund:

(1) beginning February 1, 2015, and prior to February

1, 2025, 1/30; and

(2) beginning February 1, 2025, 1/26.

If the rate of tax imposed by subsection (a) and (b) of

Section 201 is reduced pursuant to Section 201.5 of this Act,

the Department shall not make the deposits required by this

subsection (g) on or after the effective date of the

reduction.

(h) Deposits into the Tax Compliance and Administration

Fund. Beginning on the first day of the first calendar month to

occur on or after August 26, 2014 (the effective date of Public

Act 98-1098), each month the Department shall pay into the Tax

Compliance and Administration Fund, to be used, subject to

appropriation, to fund additional auditors and compliance

personnel at the Department, an amount equal to 1/12 of 5% of

the cash receipts collected during the preceding fiscal year

by the Audit Bureau of the Department from the tax imposed by

subsections (a), (b), (c), and (d) of Section 201 of this Act,

net of deposits into the Income Tax Refund Fund made from those

cash receipts.

(Source: P.A. 101-8, see Section 99 for effective date;

101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.

6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,

eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22;

102-813, eff. 5-13-22; revised 8-2-22.)

(35 ILCS 5/917) (from Ch. 120, par. 9-917)

Sec. 917. Confidentiality and information sharing.

(a) Confidentiality. Except as provided in this Section,

all information received by the Department from returns filed

under this Act, or from any investigation conducted under the

provisions of this Act, shall be confidential, except for

official purposes within the Department or pursuant to

official procedures for collection of any State tax or

pursuant to an investigation or audit by the Illinois State

Scholarship Commission of a delinquent student loan or

monetary award or enforcement of any civil or criminal penalty

or sanction imposed by this Act or by another statute imposing

a State tax, and any person who divulges any such information

in any manner, except for such purposes and pursuant to order

of the Director or in accordance with a proper judicial order,

shall be guilty of a Class A misdemeanor. However, the

provisions of this paragraph are not applicable to information

furnished to (i) the Department of Healthcare and Family

Services (formerly Department of Public Aid), State's

Attorneys, and the Attorney General for child support

enforcement purposes and (ii) a licensed attorney representing

the taxpayer where an appeal or a protest has been filed on

behalf of the taxpayer. If it is necessary to file information

obtained pursuant to this Act in a child support enforcement

proceeding, the information shall be filed under seal. The

furnishing upon request of the Auditor General, or his or her

authorized agents, for official use of returns filed and

information related thereto under this Act is deemed to be an

official purpose within the Department within the meaning of

this Section.

(b) Public information. Nothing contained in this Act

shall prevent the Director from publishing or making available

to the public the names and addresses of persons filing

returns under this Act, or from publishing or making available

reasonable statistics concerning the operation of the tax

wherein the contents of returns are grouped into aggregates in

such a way that the information contained in any individual

return shall not be disclosed.

(c) Governmental agencies. The Director may make available

to the Secretary of the Treasury of the United States or his

delegate, or the proper officer or his delegate of any other

state imposing a tax upon or measured by income, for

exclusively official purposes, information received by the

Department in the administration of this Act, but such

permission shall be granted only if the United States or such

other state, as the case may be, grants the Department

substantially similar privileges. The Director may exchange

information with the Department of Healthcare and Family

Services and the Department of Human Services (acting as

successor to the Department of Public Aid under the Department

of Human Services Act) for the purpose of verifying sources

and amounts of income and for other purposes directly

connected with the administration of this Act, the Illinois

Public Aid Code, and any other health benefit program

administered by the State. The Director may exchange

information with the Director of the Department of Employment

Security for the purpose of verifying sources and amounts of

income and for other purposes directly connected with the

administration of this Act and Acts administered by the

Department of Employment Security. The Director may make

available to the Illinois Workers' Compensation Commission

information regarding employers for the purpose of verifying

the insurance coverage required under the Workers'

Compensation Act and Workers' Occupational Diseases Act. The

Director may exchange information with the Illinois Department

on Aging for the purpose of verifying sources and amounts of

income for purposes directly related to confirming eligibility

for participation in the programs of benefits authorized by

the Senior Citizens and Persons with Disabilities Property Tax

Relief and Pharmaceutical Assistance Act. The Director may

exchange information with the State Treasurer's Office and the

Department of Employment Security for the purpose of

implementing, administering, and enforcing the Illinois Secure

Choice Savings Program Act. The Director may exchange

information with the State Treasurer's Office for the purpose

of administering the Revised Uniform Unclaimed Property Act or

successor Acts. The Director may make information available to

the Secretary of State for the purpose of administering

Section 5-901 of the Illinois Vehicle Code. The Director may

exchange information with the State Treasurer's Office for the

purpose of administering the Illinois Higher Education Savings

Program established under Section 16.8 of the State Treasurer

Act. The Director may make individual income tax information

available to the State health benefits exchange, as defined in

Section 513, if the disclosure is authorized by the taxpayer

pursuant to Section 513.

The Director may make available to any State agency,

including the Illinois Supreme Court, which licenses persons

to engage in any occupation, information that a person

licensed by such agency has failed to file returns under this

Act or pay the tax, penalty and interest shown therein, or has

failed to pay any final assessment of tax, penalty or interest

due under this Act. The Director may make available to any

State agency, including the Illinois Supreme Court,

information regarding whether a bidder, contractor, or an

affiliate of a bidder or contractor has failed to file returns

under this Act or pay the tax, penalty, and interest shown

therein, or has failed to pay any final assessment of tax,

penalty, or interest due under this Act, for the limited

purpose of enforcing bidder and contractor certifications. For

purposes of this Section, the term "affiliate" means any

entity that (1) directly, indirectly, or constructively

controls another entity, (2) is directly, indirectly, or

constructively controlled by another entity, or (3) is subject

to the control of a common entity. For purposes of this

subsection (a), an entity controls another entity if it owns,

directly or individually, more than 10% of the voting

securities of that entity. As used in this subsection (a), the

term "voting security" means a security that (1) confers upon

the holder the right to vote for the election of members of the

board of directors or similar governing body of the business

or (2) is convertible into, or entitles the holder to receive

upon its exercise, a security that confers such a right to

vote. A general partnership interest is a voting security.

The Director may make available to any State agency,

including the Illinois Supreme Court, units of local

government, and school districts, information regarding

whether a bidder or contractor is an affiliate of a person who

is not collecting and remitting Illinois Use taxes, for the

limited purpose of enforcing bidder and contractor

certifications.

The Director may also make available to the Secretary of

State information that a corporation which has been issued a

certificate of incorporation by the Secretary of State has

failed to file returns under this Act or pay the tax, penalty

and interest shown therein, or has failed to pay any final

assessment of tax, penalty or interest due under this Act. An

assessment is final when all proceedings in court for review

of such assessment have terminated or the time for the taking

thereof has expired without such proceedings being instituted.

For taxable years ending on or after December 31, 1987, the

Director may make available to the Director or principal

officer of any Department of the State of Illinois,

information that a person employed by such Department has

failed to file returns under this Act or pay the tax, penalty

and interest shown therein. For purposes of this paragraph,

the word "Department" shall have the same meaning as provided

in Section 3 of the State Employees Group Insurance Act of

1971.

(d) The Director shall make available for public

inspection in the Department's principal office and for

publication, at cost, administrative decisions issued on or

after January 1, 1995. These decisions are to be made

available in a manner so that the following taxpayer

information is not disclosed:

(1) The names, addresses, and identification numbers

of the taxpayer, related entities, and employees.

(2) At the sole discretion of the Director, trade

secrets or other confidential information identified as

such by the taxpayer, no later than 30 days after receipt

of an administrative decision, by such means as the

Department shall provide by rule.

The Director shall determine the appropriate extent of the

deletions allowed in paragraph (2). In the event the taxpayer

does not submit deletions, the Director shall make only the

deletions specified in paragraph (1).

The Director shall make available for public inspection

and publication an administrative decision within 180 days

after the issuance of the administrative decision. The term

"administrative decision" has the same meaning as defined in

Section 3-101 of Article III of the Code of Civil Procedure.

Costs collected under this Section shall be paid into the Tax

Compliance and Administration Fund.

(e) Nothing contained in this Act shall prevent the

Director from divulging information to any person pursuant to

a request or authorization made by the taxpayer, by an

authorized representative of the taxpayer, or, in the case of

information related to a joint return, by the spouse filing

the joint return with the taxpayer.

(Source: P.A. 102-61, eff. 7-9-21; 102-129, eff. 7-23-21;

102-799, eff. 5-13-22; 102-813, eff. 5-13-22; 102-941, eff.

7-1-22; revised 8-3-22.)

Section 185. The Historic Preservation Tax Credit Act is

amended by changing Section 5 as follows:

(35 ILCS 31/5)

Sec. 5. Definitions. As used in this Act, unless the

context clearly indicates otherwise:

"Director" means the Director of Natural Resources or his

or her designee.

"Division" means the State Historic Preservation Office

within the Department of Natural Resources.

"Placed in service" means the date when the property is

placed in a condition or state of readiness and availability

for a specifically assigned function as defined under Section

47 of the federal Internal Revenue Code and federal Treasury

Regulation Sections 1.46 and 1.48.

"Qualified expenditures" means all the costs and expenses

defined as qualified rehabilitation expenditures under Section

47 of the federal Internal Revenue Code that were incurred in

connection with a qualified rehabilitation plan.

"Qualified historic structure" means any structure that is

located in Illinois and is defined as a certified historic

structure under Section 47(c)(3) of the federal Internal

Revenue Code.

"Qualified rehabilitation plan" means a project that is

approved by the Department of Natural Resources and the

National Park Service as being consistent with the United

States Secretary of the Interior's Standards for

Rehabilitation.

"Qualified taxpayer" means the owner of the structure or

any other person or entity that who may qualify for the federal

rehabilitation credit allowed by Section 47 of the federal

Internal Revenue Code.

"Recapture event" means any of the following events

occurring during the recapture period:

(1) failure to place in service the rehabilitated

portions of the qualified historic structure, or failure

to maintain the rehabilitated portions of the qualified

historic structure in service after they are placed in

service; provided that a recapture event under this

paragraph (1) shall not include a removal from service for

a reasonable period of time to conduct maintenance and

repairs that are reasonably necessary to protect the

health and safety of the public or to protect the

structural integrity of the qualified historic structure

or a neighboring structure;

(2) demolition or other alteration of the qualified

historic structure in a manner that is inconsistent with

the qualified rehabilitation plan or the Secretary of the

Interior's Standards for Rehabilitation;

(3) disposition of the rehabilitated qualified

historic structure in whole or a proportional disposition

of a partnership interest therein, except as otherwise

permitted by this Section; or

(4) use of the qualified historic structure in a

manner that is inconsistent with the qualified

rehabilitation plan or that is otherwise inconsistent with

the provisions and intent of this Section.

A recapture event occurring in one taxable year shall be

deemed continuing to subsequent taxable years unless and until

corrected.

The following dispositions of a qualified historic

structure shall not be deemed to be a recapture event for

purposes of this Section:

(1) a transfer by reason of death;

(2) a transfer between spouses incident to divorce;

(3) a sale by and leaseback to an entity that, when the

rehabilitated portions of the qualified historic structure

are placed in service, will be a lessee of the qualified

historic structure, but only for so long as the entity

continues to be a lessee; and

(4) a mere change in the form of conducting the trade

or business by the owner (or, if applicable, the lessee)

of the qualified historic structure, so long as the

property interest in such qualified historic structure is

retained in such trade or business and the owner or lessee

retains a substantial interest in such trade or business.

"Recapture period" means the 5-year period beginning on

the date that the qualified historic structure or

rehabilitated portions of the qualified historic structure are

placed in service.

(Source: P.A. 102-741, eff. 5-6-22; revised 9-8-22.)

Section 190. The Invest in Kids Act is amended by changing

Section 40 as follows:

(35 ILCS 40/40)

(Section scheduled to be repealed on January 1, 2025)

Sec. 40. Scholarship granting organization

responsibilities.

(a) Before granting a scholarship for an academic year,

all scholarship granting organizations shall assess and

document each student's eligibility for the academic year.

(b) A scholarship granting organization shall grant

scholarships only to eligible students.

(c) A scholarship granting organization shall allow an

eligible student to attend any qualified school of the

student's choosing, subject to the availability of funds.

(d) In granting scholarships, beginning in the 2022-2023

school year and for each school year thereafter, a scholarship

granting organization shall give priority to eligible students

who received a scholarship from a scholarship granting

organization during the previous school year. Second priority

shall be given to the following priority groups:

(1) (blank);

(2) eligible students who are members of a household

whose previous year's total annual income does not exceed

185% of the federal poverty level;

(3) eligible students who reside within a focus

district; and

(4) eligible students who are siblings of students

currently receiving a scholarship.

(d-5) A scholarship granting organization shall begin

granting scholarships no later than February 1 preceding the

school year for which the scholarship is sought. Each priority

group identified in subsection (d) of this Section shall be

eligible to receive scholarships on a first-come, first-served

basis until April 1 immediately preceding the school year for

which the scholarship is sought, starting with the first

priority group identified in subsection (d) of this Section.

Applications for scholarships for eligible students meeting

the qualifications of one or more priority groups that are

received before April 1 must be either approved or denied

within 10 business days after receipt. Beginning April 1, all

eligible students shall be eligible to receive scholarships

without regard to the priority groups identified in subsection

(d) of this Section.

(e) Except as provided in subsection (e-5) of this

Section, scholarships shall not exceed the lesser of (i) the

statewide average operational expense per student among public

schools or (ii) the necessary costs and fees for attendance at

the qualified school. A qualified school may set a lower

maximum scholarship amount for eligible students whose family

income falls within paragraphs (2) and (3) of this subsection

(e); that amount may not exceed the necessary costs and fees

for attendance at the qualified school and is subject to the

limitations on average scholarship amounts set forth in

paragraphs (2) and (3) of this subsection, as applicable. The

qualified school shall notify the scholarship granting

organization of its necessary costs and fees as well as any

maximum scholarship amount set by the school. Scholarships

shall be prorated as follows:

(1) for eligible students whose household income is

less than 185% of the federal poverty level, the

scholarship shall be 100% of the amount determined

pursuant to this subsection (e) and subsection (e-5) of

this Section;

(2) for eligible students whose household income is

185% or more of the federal poverty level but less than

250% of the federal poverty level, the average of

scholarships shall be 75% of the amount determined

pursuant to this subsection (e) and subsection (e-5) of

this Section; and

(3) for eligible students whose household income is

250% or more of the federal poverty level, the average of

scholarships shall be 50% of the amount determined

pursuant to this subsection (e) and subsection (e-5) of

this Section.

(e-5) The statewide average operational expense per

student among public schools shall be multiplied by the

following factors:

(1) for students determined eligible to receive

services under the federal Individuals with Disabilities

Education Act, 2;

(2) for students who are English learners, as defined

in subsection (d) of Section 14C-2 of the School Code,

1.2; and

(3) for students who are gifted and talented children,

as defined in Section 14A-20 of the School Code, 1.1.

(f) A scholarship granting organization shall distribute

scholarship payments to the participating school where the

student is enrolled.

(g) For the 2018-2019 school year through the 2022-2023

school year, each scholarship granting organization shall

expend no less than 75% of the qualified contributions

received during the calendar year in which the qualified

contributions were received. No more than 25% of the qualified

contributions may be carried forward to the following calendar

year.

(h) For the 2023-2024 school year, each scholarship

granting organization shall expend all qualified contributions

received during the calendar year in which the qualified

contributions were received. No qualified contributions may be

carried forward to the following calendar year.

(i) A scholarship granting organization shall allow an

eligible student to transfer a scholarship during a school

year to any other participating school of the custodian's

choice. Such scholarships shall be prorated.

(j) With the prior approval of the Department, a

scholarship granting organization may transfer funds to

another scholarship granting organization if additional funds

are required to meet scholarship demands at the receiving

scholarship granting organization. All transferred funds must

be deposited by the receiving scholarship granting

organization into its scholarship accounts. All transferred

amounts received by any scholarship granting organization must

be separately disclosed to the Department.

(k) If the approval of a scholarship granting organization

is revoked as provided in Section 20 of this Act or the

scholarship granting organization is dissolved, all remaining

qualified contributions of the scholarship granting

organization shall be transferred to another scholarship

granting organization. All transferred funds must be deposited

by the receiving scholarship granting organization into its

scholarship accounts.

(l) Scholarship granting organizations shall make

reasonable efforts to advertise the availability of

scholarships to eligible students.

(Source: P.A. 102-699, eff. 4-19-22; 102-1059, eff. 6-10-22;

revised 8-3-22.)

Section 195. The Use Tax Act is amended by changing

Sections 3-5, 3-10, and 9 as follows:

(35 ILCS 105/3-5)

Sec. 3-5. Exemptions. Use of the following tangible

personal property is exempt from the tax imposed by this Act:

(1) Personal property purchased from a corporation,

society, association, foundation, institution, or

organization, other than a limited liability company, that is

organized and operated as a not-for-profit service enterprise

for the benefit of persons 65 years of age or older if the

personal property was not purchased by the enterprise for the

purpose of resale by the enterprise.

(2) Personal property purchased by a not-for-profit

Illinois county fair association for use in conducting,

operating, or promoting the county fair.

(3) Personal property purchased by a not-for-profit arts

or cultural organization that establishes, by proof required

by the Department by rule, that it has received an exemption

under Section 501(c)(3) of the Internal Revenue Code and that

is organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or

services. These organizations include, but are not limited to,

music and dramatic arts organizations such as symphony

orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,

and media arts organizations. On and after July 1, 2001 (the

effective date of Public Act 92-35), however, an entity

otherwise eligible for this exemption shall not make tax-free

purchases unless it has an active identification number issued

by the Department.

(4) Personal property purchased by a governmental body, by

a corporation, society, association, foundation, or

institution organized and operated exclusively for charitable,

religious, or educational purposes, or by a not-for-profit

corporation, society, association, foundation, institution, or

organization that has no compensated officers or employees and

that is organized and operated primarily for the recreation of

persons 55 years of age or older. A limited liability company

may qualify for the exemption under this paragraph only if the

limited liability company is organized and operated

exclusively for educational purposes. On and after July 1,

1987, however, no entity otherwise eligible for this exemption

shall make tax-free purchases unless it has an active

exemption identification number issued by the Department.

(5) Until July 1, 2003, a passenger car that is a

replacement vehicle to the extent that the purchase price of

the car is subject to the Replacement Vehicle Tax.

(6) Until July 1, 2003 and beginning again on September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both new

and used, and including that manufactured on special order,

certified by the purchaser to be used primarily for graphic

arts production, and including machinery and equipment

purchased for lease. Equipment includes chemicals or chemicals

acting as catalysts but only if the chemicals or chemicals

acting as catalysts effect a direct and immediate change upon

a graphic arts product. Beginning on July 1, 2017, graphic

arts machinery and equipment is included in the manufacturing

and assembling machinery and equipment exemption under

paragraph (18).

(7) Farm chemicals.

(8) Legal tender, currency, medallions, or gold or silver

coinage issued by the State of Illinois, the government of the

United States of America, or the government of any foreign

country, and bullion.

(9) Personal property purchased from a teacher-sponsored

student organization affiliated with an elementary or

secondary school located in Illinois.

(10) A motor vehicle that is used for automobile renting,

as defined in the Automobile Renting Occupation and Use Tax

Act.

(11) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the

purchaser to be used primarily for production agriculture or

State or federal agricultural programs, including individual

replacement parts for the machinery and equipment, including

machinery and equipment purchased for lease, and including

implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural

chemical and fertilizer spreaders, and nurse wagons required

to be registered under Section 3-809 of the Illinois Vehicle

Code, but excluding other motor vehicles required to be

registered under the Illinois Vehicle Code. Horticultural

polyhouses or hoop houses used for propagating, growing, or

overwintering plants shall be considered farm machinery and

equipment under this item (11). Agricultural chemical tender

tanks and dry boxes shall include units sold separately from a

motor vehicle required to be licensed and units sold mounted

on a motor vehicle required to be licensed if the selling price

of the tender is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment including, but not

limited to, tractors, harvesters, sprayers, planters, seeders,

or spreaders. Precision farming equipment includes, but is not

limited to, soil testing sensors, computers, monitors,

software, global positioning and mapping systems, and other

such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in the

computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not limited

to, the collection, monitoring, and correlation of animal and

crop data for the purpose of formulating animal diets and

agricultural chemicals. This item (11) is exempt from the

provisions of Section 3-90.

(12) Until June 30, 2013, fuel and petroleum products sold

to or used by an air common carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a flight

destined for or returning from a location or locations outside

the United States without regard to previous or subsequent

domestic stopovers.

Beginning July 1, 2013, fuel and petroleum products sold

to or used by an air carrier, certified by the carrier to be

used for consumption, shipment, or storage in the conduct of

its business as an air common carrier, for a flight that (i) is

engaged in foreign trade or is engaged in trade between the

United States and any of its possessions and (ii) transports

at least one individual or package for hire from the city of

origination to the city of final destination on the same

aircraft, without regard to a change in the flight number of

that aircraft.

(13) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

food and beverages purchased at retail from a retailer, to the

extent that the proceeds of the service charge are in fact

turned over as tips or as a substitute for tips to the

employees who participate directly in preparing, serving,

hosting or cleaning up the food or beverage function with

respect to which the service charge is imposed.

(14) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of

rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

pipe and tubular goods, including casing and drill strings,

(iii) pumps and pump-jack units, (iv) storage tanks and flow

lines, (v) any individual replacement part for oil field

exploration, drilling, and production equipment, and (vi)

machinery and equipment purchased for lease; but excluding

motor vehicles required to be registered under the Illinois

Vehicle Code.

(15) Photoprocessing machinery and equipment, including

repair and replacement parts, both new and used, including

that manufactured on special order, certified by the purchaser

to be used primarily for photoprocessing, and including

photoprocessing machinery and equipment purchased for lease.

(16) Until July 1, 2028, coal and aggregate exploration,

mining, off-highway hauling, processing, maintenance, and

reclamation equipment, including replacement parts and

equipment, and including equipment purchased for lease, but

excluding motor vehicles required to be registered under the

Illinois Vehicle Code. The changes made to this Section by

Public Act 97-767 apply on and after July 1, 2003, but no claim

for credit or refund is allowed on or after August 16, 2013

(the effective date of Public Act 98-456) for such taxes paid

during the period beginning July 1, 2003 and ending on August

16, 2013 (the effective date of Public Act 98-456).

(17) Until July 1, 2003, distillation machinery and

equipment, sold as a unit or kit, assembled or installed by the

retailer, certified by the user to be used only for the

production of ethyl alcohol that will be used for consumption

as motor fuel or as a component of motor fuel for the personal

use of the user, and not subject to sale or resale.

(18) Manufacturing and assembling machinery and equipment

used primarily in the process of manufacturing or assembling

tangible personal property for wholesale or retail sale or

lease, whether that sale or lease is made directly by the

manufacturer or by some other person, whether the materials

used in the process are owned by the manufacturer or some other

person, or whether that sale or lease is made apart from or as

an incident to the seller's engaging in the service occupation

of producing machines, tools, dies, jigs, patterns, gauges, or

other similar items of no commercial value on special order

for a particular purchaser. The exemption provided by this

paragraph (18) includes production related tangible personal

property, as defined in Section 3-50, purchased on or after

July 1, 2019. The exemption provided by this paragraph (18)

does not include machinery and equipment used in (i) the

generation of electricity for wholesale or retail sale; (ii)

the generation or treatment of natural or artificial gas for

wholesale or retail sale that is delivered to customers

through pipes, pipelines, or mains; or (iii) the treatment of

water for wholesale or retail sale that is delivered to

customers through pipes, pipelines, or mains. The provisions

of Public Act 98-583 are declaratory of existing law as to the

meaning and scope of this exemption. Beginning on July 1,

2017, the exemption provided by this paragraph (18) includes,

but is not limited to, graphic arts machinery and equipment,

as defined in paragraph (6) of this Section.

(19) Personal property delivered to a purchaser or

purchaser's donee inside Illinois when the purchase order for

that personal property was received by a florist located

outside Illinois who has a florist located inside Illinois

deliver the personal property.

(20) Semen used for artificial insemination of livestock

for direct agricultural production.

(21) Horses, or interests in horses, registered with and

meeting the requirements of any of the Arabian Horse Club

Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or

racing for prizes. This item (21) is exempt from the

provisions of Section 3-90, and the exemption provided for

under this item (21) applies for all periods beginning May 30,

1995, but no claim for credit or refund is allowed on or after

January 1, 2008 for such taxes paid during the period

beginning May 30, 2000 and ending on January 1, 2008.

(22) Computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients purchased by a

lessor who leases the equipment, under a lease of one year or

longer executed or in effect at the time the lessor would

otherwise be subject to the tax imposed by this Act, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the equipment is leased

in a manner that does not qualify for this exemption or is used

in any other non-exempt manner, the lessor shall be liable for

the tax imposed under this Act or the Service Use Tax Act, as

the case may be, based on the fair market value of the property

at the time the non-qualifying use occurs. No lessor shall

collect or attempt to collect an amount (however designated)

that purports to reimburse that lessor for the tax imposed by

this Act or the Service Use Tax Act, as the case may be, if the

tax has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall

have a legal right to claim a refund of that amount from the

lessor. If, however, that amount is not refunded to the lessee

for any reason, the lessor is liable to pay that amount to the

Department.

(23) Personal property purchased by a lessor who leases

the property, under a lease of one year or longer executed or

in effect at the time the lessor would otherwise be subject to

the tax imposed by this Act, to a governmental body that has

been issued an active sales tax exemption identification

number by the Department under Section 1g of the Retailers'

Occupation Tax Act. If the property is leased in a manner that

does not qualify for this exemption or used in any other

non-exempt manner, the lessor shall be liable for the tax

imposed under this Act or the Service Use Tax Act, as the case

may be, based on the fair market value of the property at the

time the non-qualifying use occurs. No lessor shall collect or

attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Service Use Tax Act, as the case may be, if the tax

has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall

have a legal right to claim a refund of that amount from the

lessor. If, however, that amount is not refunded to the lessee

for any reason, the lessor is liable to pay that amount to the

Department.

(24) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is donated

for disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a

manufacturer or retailer that is registered in this State to a

corporation, society, association, foundation, or institution

that has been issued a sales tax exemption identification

number by the Department that assists victims of the disaster

who reside within the declared disaster area.

(25) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is used in

the performance of infrastructure repairs in this State,

including but not limited to municipal roads and streets,

access roads, bridges, sidewalks, waste disposal systems,

water and sewer line extensions, water distribution and

purification facilities, storm water drainage and retention

facilities, and sewage treatment facilities, resulting from a

State or federally declared disaster in Illinois or bordering

Illinois when such repairs are initiated on facilities located

in the declared disaster area within 6 months after the

disaster.

(26) Beginning July 1, 1999, game or game birds purchased

at a "game breeding and hunting preserve area" as that term is

used in the Wildlife Code. This paragraph is exempt from the

provisions of Section 3-90.

(27) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a

corporation, limited liability company, society, association,

foundation, or institution that is determined by the

Department to be organized and operated exclusively for

educational purposes. For purposes of this exemption, "a

corporation, limited liability company, society, association,

foundation, or institution organized and operated exclusively

for educational purposes" means all tax-supported public

schools, private schools that offer systematic instruction in

useful branches of learning by methods common to public

schools and that compare favorably in their scope and

intensity with the course of study presented in tax-supported

schools, and vocational or technical schools or institutes

organized and operated exclusively to provide a course of

study of not less than 6 weeks duration and designed to prepare

individuals to follow a trade or to pursue a manual,

technical, mechanical, industrial, business, or commercial

occupation.

(28) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for the

benefit of a public or private elementary or secondary school,

a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes

parents and teachers of the school children. This paragraph

does not apply to fundraising events (i) for the benefit of

private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that profits

from the sale to the fundraising entity. This paragraph is

exempt from the provisions of Section 3-90.

(29) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare and

serve hot food and beverages, including coffee, soup, and

other items, and replacement parts for these machines.

Beginning January 1, 2002 and through June 30, 2003, machines

and parts for machines used in commercial, coin-operated

amusement and vending business if a use or occupation tax is

paid on the gross receipts derived from the use of the

commercial, coin-operated amusement and vending machines. This

paragraph is exempt from the provisions of Section 3-90.

(30) Beginning January 1, 2001 and through June 30, 2016,

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

soft drinks, and food that has been prepared for immediate

consumption) and prescription and nonprescription medicines,

drugs, medical appliances, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical

assistance under Article V of the Illinois Public Aid Code who

resides in a licensed long-term care facility, as defined in

the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act, the MC/DD Act, or the

Specialized Mental Health Rehabilitation Act of 2013.

(31) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), computers and communications equipment

utilized for any hospital purpose and equipment used in the

diagnosis, analysis, or treatment of hospital patients

purchased by a lessor who leases the equipment, under a lease

of one year or longer executed or in effect at the time the

lessor would otherwise be subject to the tax imposed by this

Act, to a hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the equipment is leased

in a manner that does not qualify for this exemption or is used

in any other nonexempt manner, the lessor shall be liable for

the tax imposed under this Act or the Service Use Tax Act, as

the case may be, based on the fair market value of the property

at the time the nonqualifying use occurs. No lessor shall

collect or attempt to collect an amount (however designated)

that purports to reimburse that lessor for the tax imposed by

this Act or the Service Use Tax Act, as the case may be, if the

tax has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall

have a legal right to claim a refund of that amount from the

lessor. If, however, that amount is not refunded to the lessee

for any reason, the lessor is liable to pay that amount to the

Department. This paragraph is exempt from the provisions of

Section 3-90.

(32) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), personal property purchased by a lessor

who leases the property, under a lease of one year or longer

executed or in effect at the time the lessor would otherwise be

subject to the tax imposed by this Act, to a governmental body

that has been issued an active sales tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the property is leased

in a manner that does not qualify for this exemption or used in

any other nonexempt manner, the lessor shall be liable for the

tax imposed under this Act or the Service Use Tax Act, as the

case may be, based on the fair market value of the property at

the time the nonqualifying use occurs. No lessor shall collect

or attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Service Use Tax Act, as the case may be, if the tax

has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall

have a legal right to claim a refund of that amount from the

lessor. If, however, that amount is not refunded to the lessee

for any reason, the lessor is liable to pay that amount to the

Department. This paragraph is exempt from the provisions of

Section 3-90.

(33) On and after July 1, 2003 and through June 30, 2004,

the use in this State of motor vehicles of the second division

with a gross vehicle weight in excess of 8,000 pounds and that

are subject to the commercial distribution fee imposed under

Section 3-815.1 of the Illinois Vehicle Code. Beginning on

July 1, 2004 and through June 30, 2005, the use in this State

of motor vehicles of the second division: (i) with a gross

vehicle weight rating in excess of 8,000 pounds; (ii) that are

subject to the commercial distribution fee imposed under

Section 3-815.1 of the Illinois Vehicle Code; and (iii) that

are primarily used for commercial purposes. Through June 30,

2005, this exemption applies to repair and replacement parts

added after the initial purchase of such a motor vehicle if

that motor vehicle is used in a manner that would qualify for

the rolling stock exemption otherwise provided for in this

Act. For purposes of this paragraph, the term "used for

commercial purposes" means the transportation of persons or

property in furtherance of any commercial or industrial

enterprise, whether for-hire or not.

(34) Beginning January 1, 2008, tangible personal property

used in the construction or maintenance of a community water

supply, as defined under Section 3.145 of the Environmental

Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued

under Title IV of the Environmental Protection Act. This

paragraph is exempt from the provisions of Section 3-90.

(35) Beginning January 1, 2010 and continuing through

December 31, 2024, materials, parts, equipment, components,

and furnishings incorporated into or upon an aircraft as part

of the modification, refurbishment, completion, replacement,

repair, or maintenance of the aircraft. This exemption

includes consumable supplies used in the modification,

refurbishment, completion, replacement, repair, and

maintenance of aircraft, but excludes any materials, parts,

equipment, components, and consumable supplies used in the

modification, replacement, repair, and maintenance of aircraft

engines or power plants, whether such engines or power plants

are installed or uninstalled upon any such aircraft.

"Consumable supplies" include, but are not limited to,

adhesive, tape, sandpaper, general purpose lubricants,

cleaning solution, latex gloves, and protective films. This

exemption applies only to the use of qualifying tangible

personal property by persons who modify, refurbish, complete,

repair, replace, or maintain aircraft and who (i) hold an Air

Agency Certificate and are empowered to operate an approved

repair station by the Federal Aviation Administration, (ii)

have a Class IV Rating, and (iii) conduct operations in

accordance with Part 145 of the Federal Aviation Regulations.

The exemption does not include aircraft operated by a

commercial air carrier providing scheduled passenger air

service pursuant to authority issued under Part 121 or Part

129 of the Federal Aviation Regulations. The changes made to

this paragraph (35) by Public Act 98-534 are declarative of

existing law. It is the intent of the General Assembly that the

exemption under this paragraph (35) applies continuously from

January 1, 2010 through December 31, 2024; however, no claim

for credit or refund is allowed for taxes paid as a result of

the disallowance of this exemption on or after January 1, 2015

and prior to February 5, 2020 (the effective date of Public Act

101-629) this amendatory Act of the 101st General Assembly.

(36) Tangible personal property purchased by a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall, but

only if the legal title to the municipal convention hall is

transferred to the municipality without any further

consideration by or on behalf of the municipality at the time

of the completion of the municipal convention hall or upon the

retirement or redemption of any bonds or other debt

instruments issued by the public-facilities corporation in

connection with the development of the municipal convention

hall. This exemption includes existing public-facilities

corporations as provided in Section 11-65-25 of the Illinois

Municipal Code. This paragraph is exempt from the provisions

of Section 3-90.

(37) Beginning January 1, 2017 and through December 31,

2026, menstrual pads, tampons, and menstrual cups.

(38) Merchandise that is subject to the Rental Purchase

Agreement Occupation and Use Tax. The purchaser must certify

that the item is purchased to be rented subject to a rental

purchase agreement, as defined in the Rental Purchase

Agreement Act, and provide proof of registration under the

Rental Purchase Agreement Occupation and Use Tax Act. This

paragraph is exempt from the provisions of Section 3-90.

(39) Tangible personal property purchased by a purchaser

who is exempt from the tax imposed by this Act by operation of

federal law. This paragraph is exempt from the provisions of

Section 3-90.

(40) Qualified tangible personal property used in the

construction or operation of a data center that has been

granted a certificate of exemption by the Department of

Commerce and Economic Opportunity, whether that tangible

personal property is purchased by the owner, operator, or

tenant of the data center or by a contractor or subcontractor

of the owner, operator, or tenant. Data centers that would

have qualified for a certificate of exemption prior to January

1, 2020 had Public Act 101-31 been in effect may apply for and

obtain an exemption for subsequent purchases of computer

equipment or enabling software purchased or leased to upgrade,

supplement, or replace computer equipment or enabling software

purchased or leased in the original investment that would have

qualified.

The Department of Commerce and Economic Opportunity shall

grant a certificate of exemption under this item (40) to

qualified data centers as defined by Section 605-1025 of the

Department of Commerce and Economic Opportunity Law of the

Civil Administrative Code of Illinois.

For the purposes of this item (40):

"Data center" means a building or a series of

buildings rehabilitated or constructed to house working

servers in one physical location or multiple sites within

the State of Illinois.

"Qualified tangible personal property" means:

electrical systems and equipment; climate control and

chilling equipment and systems; mechanical systems and

equipment; monitoring and secure systems; emergency

generators; hardware; computers; servers; data storage

devices; network connectivity equipment; racks; cabinets;

telecommunications cabling infrastructure; raised floor

systems; peripheral components or systems; software;

mechanical, electrical, or plumbing systems; battery

systems; cooling systems and towers; temperature control

systems; other cabling; and other data center

infrastructure equipment and systems necessary to operate

qualified tangible personal property, including fixtures;

and component parts of any of the foregoing, including

installation, maintenance, repair, refurbishment, and

replacement of qualified tangible personal property to

generate, transform, transmit, distribute, or manage

electricity necessary to operate qualified tangible

personal property; and all other tangible personal

property that is essential to the operations of a computer

data center. The term "qualified tangible personal

property" also includes building materials physically

incorporated in to the qualifying data center. To document

the exemption allowed under this Section, the retailer

must obtain from the purchaser a copy of the certificate

of eligibility issued by the Department of Commerce and

Economic Opportunity.

This item (40) is exempt from the provisions of Section

3-90.

(41) Beginning July 1, 2022, breast pumps, breast pump

collection and storage supplies, and breast pump kits. This

item (41) is exempt from the provisions of Section 3-90. As

used in this item (41):

"Breast pump" means an electrically controlled or

manually controlled pump device designed or marketed to be

used to express milk from a human breast during lactation,

including the pump device and any battery, AC adapter, or

other power supply unit that is used to power the pump

device and is packaged and sold with the pump device at the

time of sale.

"Breast pump collection and storage supplies" means

items of tangible personal property designed or marketed

to be used in conjunction with a breast pump to collect

milk expressed from a human breast and to store collected

milk until it is ready for consumption.

"Breast pump collection and storage supplies"

includes, but is not limited to: breast shields and breast

shield connectors; breast pump tubes and tubing adapters;

breast pump valves and membranes; backflow protectors and

backflow protector adaptors; bottles and bottle caps

specific to the operation of the breast pump; and breast

milk storage bags.

"Breast pump collection and storage supplies" does not

include: (1) bottles and bottle caps not specific to the

operation of the breast pump; (2) breast pump travel bags

and other similar carrying accessories, including ice

packs, labels, and other similar products; (3) breast pump

cleaning supplies; (4) nursing bras, bra pads, breast

shells, and other similar products; and (5) creams,

ointments, and other similar products that relieve

breastfeeding-related symptoms or conditions of the

breasts or nipples, unless sold as part of a breast pump

kit that is pre-packaged by the breast pump manufacturer

or distributor.

"Breast pump kit" means a kit that: (1) contains no

more than a breast pump, breast pump collection and

storage supplies, a rechargeable battery for operating the

breast pump, a breastmilk cooler, bottle stands, ice

packs, and a breast pump carrying case; and (2) is

pre-packaged as a breast pump kit by the breast pump

manufacturer or distributor.

(42) (41) Tangible personal property sold by or on behalf

of the State Treasurer pursuant to the Revised Uniform

Unclaimed Property Act. This item (42) (41) is exempt from the

provisions of Section 3-90.

(Source: P.A. 101-9, eff. 6-5-19; 101-31, eff. 6-28-19;

101-81, eff. 7-12-19; 101-629, eff. 2-5-20; 102-16, eff.

6-17-21; 102-700, Article 70, Section 70-5, eff. 4-19-22;

102-700, Article 75, Section 75-5, eff. 4-19-22; 102-1026,

eff. 5-27-22; revised 8-1-22.)

(35 ILCS 105/3-10)

Sec. 3-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of

either the selling price or the fair market value, if any, of

the tangible personal property. In all cases where property

functionally used or consumed is the same as the property that

was purchased at retail, then the tax is imposed on the selling

price of the property. In all cases where property

functionally used or consumed is a by-product or waste product

that has been refined, manufactured, or produced from property

purchased at retail, then the tax is imposed on the lower of

the fair market value, if any, of the specific property so used

in this State or on the selling price of the property purchased

at retail. For purposes of this Section "fair market value"

means the price at which property would change hands between a

willing buyer and a willing seller, neither being under any

compulsion to buy or sell and both having reasonable knowledge

of the relevant facts. The fair market value shall be

established by Illinois sales by the taxpayer of the same

property as that functionally used or consumed, or if there

are no such sales by the taxpayer, then comparable sales or

purchases of property of like kind and character in Illinois.

Beginning on July 1, 2000 and through December 31, 2000,

with respect to motor fuel, as defined in Section 1.1 of the

Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

the Use Tax Act, the tax is imposed at the rate of 1.25%.

Beginning on August 6, 2010 through August 15, 2010, and

beginning again on August 5, 2022 through August 14, 2022,

with respect to sales tax holiday items as defined in Section

3-6 of this Act, the tax is imposed at the rate of 1.25%.

With respect to gasohol, the tax imposed by this Act

applies to (i) 70% of the proceeds of sales made on or after

January 1, 1990, and before July 1, 2003, (ii) 80% of the

proceeds of sales made on or after July 1, 2003 and on or

before July 1, 2017, and (iii) 100% of the proceeds of sales

made thereafter. If, at any time, however, the tax under this

Act on sales of gasohol is imposed at the rate of 1.25%, then

the tax imposed by this Act applies to 100% of the proceeds of

sales of gasohol made during that time.

With respect to majority blended ethanol fuel, the tax

imposed by this Act does not apply to the proceeds of sales

made on or after July 1, 2003 and on or before December 31,

2023 but applies to 100% of the proceeds of sales made

thereafter.

With respect to biodiesel blends with no less than 1% and

no more than 10% biodiesel, the tax imposed by this Act applies

to (i) 80% of the proceeds of sales made on or after July 1,

2003 and on or before December 31, 2018 and (ii) 100% of the

proceeds of sales made after December 31, 2018 and before

January 1, 2024. On and after January 1, 2024 and on or before

December 31, 2030, the taxation of biodiesel, renewable

diesel, and biodiesel blends shall be as provided in Section

3-5.1. If, at any time, however, the tax under this Act on

sales of biodiesel blends with no less than 1% and no more than

10% biodiesel is imposed at the rate of 1.25%, then the tax

imposed by this Act applies to 100% of the proceeds of sales of

biodiesel blends with no less than 1% and no more than 10%

biodiesel made during that time.

With respect to biodiesel and biodiesel blends with more

than 10% but no more than 99% biodiesel, the tax imposed by

this Act does not apply to the proceeds of sales made on or

after July 1, 2003 and on or before December 31, 2023. On and

after January 1, 2024 and on or before December 31, 2030, the

taxation of biodiesel, renewable diesel, and biodiesel blends

shall be as provided in Section 3-5.1.

Until July 1, 2022 and beginning again on July 1, 2023,

with respect to food for human consumption that is to be

consumed off the premises where it is sold (other than

alcoholic beverages, food consisting of or infused with adult

use cannabis, soft drinks, and food that has been prepared for

immediate consumption), the tax is imposed at the rate of 1%.

Beginning on July 1, 2022 and until July 1, 2023, with respect

to food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

food consisting of or infused with adult use cannabis, soft

drinks, and food that has been prepared for immediate

consumption), the tax is imposed at the rate of 0%.

With respect to prescription and nonprescription

medicines, drugs, medical appliances, products classified as

Class III medical devices by the United States Food and Drug

Administration that are used for cancer treatment pursuant to

a prescription, as well as any accessories and components

related to those devices, modifications to a motor vehicle for

the purpose of rendering it usable by a person with a

disability, and insulin, blood sugar testing materials,

syringes, and needles used by human diabetics, the tax is

imposed at the rate of 1%. For the purposes of this Section,

until September 1, 2009: the term "soft drinks" means any

complete, finished, ready-to-use, non-alcoholic drink, whether

carbonated or not, including, but not limited to, soda water,

cola, fruit juice, vegetable juice, carbonated water, and all

other preparations commonly known as soft drinks of whatever

kind or description that are contained in any closed or sealed

bottle, can, carton, or container, regardless of size; but

"soft drinks" does not include coffee, tea, non-carbonated

water, infant formula, milk or milk products as defined in the

Grade A Pasteurized Milk and Milk Products Act, or drinks

containing 50% or more natural fruit or vegetable juice.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "soft drinks" means non-alcoholic

beverages that contain natural or artificial sweeteners. "Soft

drinks" does do not include beverages that contain milk or

milk products, soy, rice or similar milk substitutes, or

greater than 50% of vegetable or fruit juice by volume.

Until August 1, 2009, and notwithstanding any other

provisions of this Act, "food for human consumption that is to

be consumed off the premises where it is sold" includes all

food sold through a vending machine, except soft drinks and

food products that are dispensed hot from a vending machine,

regardless of the location of the vending machine. Beginning

August 1, 2009, and notwithstanding any other provisions of

this Act, "food for human consumption that is to be consumed

off the premises where it is sold" includes all food sold

through a vending machine, except soft drinks, candy, and food

products that are dispensed hot from a vending machine,

regardless of the location of the vending machine.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "food for human consumption that

is to be consumed off the premises where it is sold" does not

include candy. For purposes of this Section, "candy" means a

preparation of sugar, honey, or other natural or artificial

sweeteners in combination with chocolate, fruits, nuts or

other ingredients or flavorings in the form of bars, drops, or

pieces. "Candy" does not include any preparation that contains

flour or requires refrigeration.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "nonprescription medicines and

drugs" does not include grooming and hygiene products. For

purposes of this Section, "grooming and hygiene products"

includes, but is not limited to, soaps and cleaning solutions,

shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

lotions and screens, unless those products are available by

prescription only, regardless of whether the products meet the

definition of "over-the-counter-drugs". For the purposes of

this paragraph, "over-the-counter-drug" means a drug for human

use that contains a label that identifies the product as a drug

as required by 21 CFR C.F.R. § 201.66. The

"over-the-counter-drug" label includes:

(A) a A "Drug Facts" panel; or

(B) a A statement of the "active ingredient(s)" with a

list of those ingredients contained in the compound,

substance or preparation.

Beginning on January 1, 2014 (the effective date of Public

Act 98-122) this amendatory Act of the 98th General Assembly,

"prescription and nonprescription medicines and drugs"

includes medical cannabis purchased from a registered

dispensing organization under the Compassionate Use of Medical

Cannabis Program Act.

As used in this Section, "adult use cannabis" means

cannabis subject to tax under the Cannabis Cultivation

Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

and does not include cannabis subject to tax under the

Compassionate Use of Medical Cannabis Program Act.

If the property that is purchased at retail from a

retailer is acquired outside Illinois and used outside

Illinois before being brought to Illinois for use here and is

taxable under this Act, the "selling price" on which the tax is

computed shall be reduced by an amount that represents a

reasonable allowance for depreciation for the period of prior

out-of-state use.

(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19;

102-4, eff. 4-27-21; 102-700, Article 20, Section 20-5, eff.

4-19-22; 102-700, Article 60, Section 60-15, eff. 4-19-22;

102-700, Article 65, Section 65-5, eff. 4-19-22; revised

5-27-22.)

(35 ILCS 105/9) (from Ch. 120, par. 439.9)

Sec. 9. Except as to motor vehicles, watercraft, aircraft,

and trailers that are required to be registered with an agency

of this State, each retailer required or authorized to collect

the tax imposed by this Act shall pay to the Department the

amount of such tax (except as otherwise provided) at the time

when he is required to file his return for the period during

which such tax was collected, less a discount of 2.1% prior to

January 1, 1990, and 1.75% on and after January 1, 1990, or $5

per calendar year, whichever is greater, which is allowed to

reimburse the retailer for expenses incurred in collecting the

tax, keeping records, preparing and filing returns, remitting

the tax and supplying data to the Department on request. When

determining the discount allowed under this Section, retailers

shall include the amount of tax that would have been due at the

6.25% rate but for the 1.25% rate imposed on sales tax holiday

items under Public Act 102-700 this amendatory Act of the

102nd General Assembly. The discount under this Section is not

allowed for the 1.25% portion of taxes paid on aviation fuel

that is subject to the revenue use requirements of 49 U.S.C.

47107(b) and 49 U.S.C. 47133. When determining the discount

allowed under this Section, retailers shall include the amount

of tax that would have been due at the 1% rate but for the 0%

rate imposed under Public Act 102-700 this amendatory Act of

the 102nd General Assembly. In the case of retailers who

report and pay the tax on a transaction by transaction basis,

as provided in this Section, such discount shall be taken with

each such tax remittance instead of when such retailer files

his periodic return. The discount allowed under this Section

is allowed only for returns that are filed in the manner

required by this Act. The Department may disallow the discount

for retailers whose certificate of registration is revoked at

the time the return is filed, but only if the Department's

decision to revoke the certificate of registration has become

final. A retailer need not remit that part of any tax collected

by him to the extent that he is required to remit and does

remit the tax imposed by the Retailers' Occupation Tax Act,

with respect to the sale of the same property.

Where such tangible personal property is sold under a

conditional sales contract, or under any other form of sale

wherein the payment of the principal sum, or a part thereof, is

extended beyond the close of the period for which the return is

filed, the retailer, in collecting the tax (except as to motor

vehicles, watercraft, aircraft, and trailers that are required

to be registered with an agency of this State), may collect for

each tax return period, only the tax applicable to that part of

the selling price actually received during such tax return

period.

Except as provided in this Section, on or before the

twentieth day of each calendar month, such retailer shall file

a return for the preceding calendar month. Such return shall

be filed on forms prescribed by the Department and shall

furnish such information as the Department may reasonably

require. The return shall include the gross receipts on food

for human consumption that is to be consumed off the premises

where it is sold (other than alcoholic beverages, food

consisting of or infused with adult use cannabis, soft drinks,

and food that has been prepared for immediate consumption)

which were received during the preceding calendar month,

quarter, or year, as appropriate, and upon which tax would

have been due but for the 0% rate imposed under Public Act

102-700 this amendatory Act of the 102nd General Assembly. The

return shall also include the amount of tax that would have

been due on food for human consumption that is to be consumed

off the premises where it is sold (other than alcoholic

beverages, food consisting of or infused with adult use

cannabis, soft drinks, and food that has been prepared for

immediate consumption) but for the 0% rate imposed under

Public Act 102-700 this amendatory Act of the 102nd General

Assembly.

On and after January 1, 2018, except for returns required

to be filed prior to January 1, 2023 for motor vehicles,

watercraft, aircraft, and trailers that are required to be

registered with an agency of this State, with respect to

retailers whose annual gross receipts average $20,000 or more,

all returns required to be filed pursuant to this Act shall be

filed electronically. On and after January 1, 2023, with

respect to retailers whose annual gross receipts average

$20,000 or more, all returns required to be filed pursuant to

this Act, including, but not limited to, returns for motor

vehicles, watercraft, aircraft, and trailers that are required

to be registered with an agency of this State, shall be filed

electronically. Retailers who demonstrate that they do not

have access to the Internet or demonstrate hardship in filing

electronically may petition the Department to waive the

electronic filing requirement.

The Department may require returns to be filed on a

quarterly basis. If so required, a return for each calendar

quarter shall be filed on or before the twentieth day of the

calendar month following the end of such calendar quarter. The

taxpayer shall also file a return with the Department for each

of the first two months of each calendar quarter, on or before

the twentieth day of the following calendar month, stating:

1. The name of the seller;

2. The address of the principal place of business from

which he engages in the business of selling tangible

personal property at retail in this State;

3. The total amount of taxable receipts received by

him during the preceding calendar month from sales of

tangible personal property by him during such preceding

calendar month, including receipts from charge and time

sales, but less all deductions allowed by law;

4. The amount of credit provided in Section 2d of this

Act;

5. The amount of tax due;

5-5. The signature of the taxpayer; and

6. Such other reasonable information as the Department

may require.

Each retailer required or authorized to collect the tax

imposed by this Act on aviation fuel sold at retail in this

State during the preceding calendar month shall, instead of

reporting and paying tax on aviation fuel as otherwise

required by this Section, report and pay such tax on a separate

aviation fuel tax return. The requirements related to the

return shall be as otherwise provided in this Section.

Notwithstanding any other provisions of this Act to the

contrary, retailers collecting tax on aviation fuel shall file

all aviation fuel tax returns and shall make all aviation fuel

tax payments by electronic means in the manner and form

required by the Department. For purposes of this Section,

"aviation fuel" means jet fuel and aviation gasoline.

If a taxpayer fails to sign a return within 30 days after

the proper notice and demand for signature by the Department,

the return shall be considered valid and any amount shown to be

due on the return shall be deemed assessed.

Notwithstanding any other provision of this Act to the

contrary, retailers subject to tax on cannabis shall file all

cannabis tax returns and shall make all cannabis tax payments

by electronic means in the manner and form required by the

Department.

Beginning October 1, 1993, a taxpayer who has an average

monthly tax liability of $150,000 or more shall make all

payments required by rules of the Department by electronic

funds transfer. Beginning October 1, 1994, a taxpayer who has

an average monthly tax liability of $100,000 or more shall

make all payments required by rules of the Department by

electronic funds transfer. Beginning October 1, 1995, a

taxpayer who has an average monthly tax liability of $50,000

or more shall make all payments required by rules of the

Department by electronic funds transfer. Beginning October 1,

2000, a taxpayer who has an annual tax liability of $200,000 or

more shall make all payments required by rules of the

Department by electronic funds transfer. The term "annual tax

liability" shall be the sum of the taxpayer's liabilities

under this Act, and under all other State and local occupation

and use tax laws administered by the Department, for the

immediately preceding calendar year. The term "average monthly

tax liability" means the sum of the taxpayer's liabilities

under this Act, and under all other State and local occupation

and use tax laws administered by the Department, for the

immediately preceding calendar year divided by 12. Beginning

on October 1, 2002, a taxpayer who has a tax liability in the

amount set forth in subsection (b) of Section 2505-210 of the

Department of Revenue Law shall make all payments required by

rules of the Department by electronic funds transfer.

Before August 1 of each year beginning in 1993, the

Department shall notify all taxpayers required to make

payments by electronic funds transfer. All taxpayers required

to make payments by electronic funds transfer shall make those

payments for a minimum of one year beginning on October 1.

Any taxpayer not required to make payments by electronic

funds transfer may make payments by electronic funds transfer

with the permission of the Department.

All taxpayers required to make payment by electronic funds

transfer and any taxpayers authorized to voluntarily make

payments by electronic funds transfer shall make those

payments in the manner authorized by the Department.

The Department shall adopt such rules as are necessary to

effectuate a program of electronic funds transfer and the

requirements of this Section.

Before October 1, 2000, if the taxpayer's average monthly

tax liability to the Department under this Act, the Retailers'

Occupation Tax Act, the Service Occupation Tax Act, the

Service Use Tax Act was $10,000 or more during the preceding 4

complete calendar quarters, he shall file a return with the

Department each month by the 20th day of the month next

following the month during which such tax liability is

incurred and shall make payments to the Department on or

before the 7th, 15th, 22nd and last day of the month during

which such liability is incurred. On and after October 1,

2000, if the taxpayer's average monthly tax liability to the

Department under this Act, the Retailers' Occupation Tax Act,

the Service Occupation Tax Act, and the Service Use Tax Act was

$20,000 or more during the preceding 4 complete calendar

quarters, he shall file a return with the Department each

month by the 20th day of the month next following the month

during which such tax liability is incurred and shall make

payment to the Department on or before the 7th, 15th, 22nd and

last day of the month during which such liability is incurred.

If the month during which such tax liability is incurred began

prior to January 1, 1985, each payment shall be in an amount

equal to 1/4 of the taxpayer's actual liability for the month

or an amount set by the Department not to exceed 1/4 of the

average monthly liability of the taxpayer to the Department

for the preceding 4 complete calendar quarters (excluding the

month of highest liability and the month of lowest liability

in such 4 quarter period). If the month during which such tax

liability is incurred begins on or after January 1, 1985, and

prior to January 1, 1987, each payment shall be in an amount

equal to 22.5% of the taxpayer's actual liability for the

month or 27.5% of the taxpayer's liability for the same

calendar month of the preceding year. If the month during

which such tax liability is incurred begins on or after

January 1, 1987, and prior to January 1, 1988, each payment

shall be in an amount equal to 22.5% of the taxpayer's actual

liability for the month or 26.25% of the taxpayer's liability

for the same calendar month of the preceding year. If the month

during which such tax liability is incurred begins on or after

January 1, 1988, and prior to January 1, 1989, or begins on or

after January 1, 1996, each payment shall be in an amount equal

to 22.5% of the taxpayer's actual liability for the month or

25% of the taxpayer's liability for the same calendar month of

the preceding year. If the month during which such tax

liability is incurred begins on or after January 1, 1989, and

prior to January 1, 1996, each payment shall be in an amount

equal to 22.5% of the taxpayer's actual liability for the

month or 25% of the taxpayer's liability for the same calendar

month of the preceding year or 100% of the taxpayer's actual

liability for the quarter monthly reporting period. The amount

of such quarter monthly payments shall be credited against the

final tax liability of the taxpayer's return for that month.

Before October 1, 2000, once applicable, the requirement of

the making of quarter monthly payments to the Department shall

continue until such taxpayer's average monthly liability to

the Department during the preceding 4 complete calendar

quarters (excluding the month of highest liability and the

month of lowest liability) is less than $9,000, or until such

taxpayer's average monthly liability to the Department as

computed for each calendar quarter of the 4 preceding complete

calendar quarter period is less than $10,000. However, if a

taxpayer can show the Department that a substantial change in

the taxpayer's business has occurred which causes the taxpayer

to anticipate that his average monthly tax liability for the

reasonably foreseeable future will fall below the $10,000

threshold stated above, then such taxpayer may petition the

Department for change in such taxpayer's reporting status. On

and after October 1, 2000, once applicable, the requirement of

the making of quarter monthly payments to the Department shall

continue until such taxpayer's average monthly liability to

the Department during the preceding 4 complete calendar

quarters (excluding the month of highest liability and the

month of lowest liability) is less than $19,000 or until such

taxpayer's average monthly liability to the Department as

computed for each calendar quarter of the 4 preceding complete

calendar quarter period is less than $20,000. However, if a

taxpayer can show the Department that a substantial change in

the taxpayer's business has occurred which causes the taxpayer

to anticipate that his average monthly tax liability for the

reasonably foreseeable future will fall below the $20,000

threshold stated above, then such taxpayer may petition the

Department for a change in such taxpayer's reporting status.

The Department shall change such taxpayer's reporting status

unless it finds that such change is seasonal in nature and not

likely to be long term. Quarter monthly payment status shall

be determined under this paragraph as if the rate reduction to

1.25% in Public Act 102-700 this amendatory Act of the 102nd

General Assembly on sales tax holiday items had not occurred.

For quarter monthly payments due on or after July 1, 2023 and

through June 30, 2024, "25% of the taxpayer's liability for

the same calendar month of the preceding year" shall be

determined as if the rate reduction to 1.25% in Public Act

102-700 this amendatory Act of the 102nd General Assembly on

sales tax holiday items had not occurred. Quarter monthly

payment status shall be determined under this paragraph as if

the rate reduction to 0% in Public Act 102-700 this amendatory

Act of the 102nd General Assembly on food for human

consumption that is to be consumed off the premises where it is

sold (other than alcoholic beverages, food consisting of or

infused with adult use cannabis, soft drinks, and food that

has been prepared for immediate consumption) had not occurred.

For quarter monthly payments due under this paragraph on or

after July 1, 2023 and through June 30, 2024, "25% of the

taxpayer's liability for the same calendar month of the

preceding year" shall be determined as if the rate reduction

to 0% in Public Act 102-700 this amendatory Act of the 102nd

General Assembly had not occurred. If any such quarter monthly

payment is not paid at the time or in the amount required by

this Section, then the taxpayer shall be liable for penalties

and interest on the difference between the minimum amount due

and the amount of such quarter monthly payment actually and

timely paid, except insofar as the taxpayer has previously

made payments for that month to the Department in excess of the

minimum payments previously due as provided in this Section.

The Department shall make reasonable rules and regulations to

govern the quarter monthly payment amount and quarter monthly

payment dates for taxpayers who file on other than a calendar

monthly basis.

If any such payment provided for in this Section exceeds

the taxpayer's liabilities under this Act, the Retailers'

Occupation Tax Act, the Service Occupation Tax Act and the

Service Use Tax Act, as shown by an original monthly return,

the Department shall issue to the taxpayer a credit memorandum

no later than 30 days after the date of payment, which

memorandum may be submitted by the taxpayer to the Department

in payment of tax liability subsequently to be remitted by the

taxpayer to the Department or be assigned by the taxpayer to a

similar taxpayer under this Act, the Retailers' Occupation Tax

Act, the Service Occupation Tax Act or the Service Use Tax Act,

in accordance with reasonable rules and regulations to be

prescribed by the Department, except that if such excess

payment is shown on an original monthly return and is made

after December 31, 1986, no credit memorandum shall be issued,

unless requested by the taxpayer. If no such request is made,

the taxpayer may credit such excess payment against tax

liability subsequently to be remitted by the taxpayer to the

Department under this Act, the Retailers' Occupation Tax Act,

the Service Occupation Tax Act or the Service Use Tax Act, in

accordance with reasonable rules and regulations prescribed by

the Department. If the Department subsequently determines that

all or any part of the credit taken was not actually due to the

taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall

be reduced by 2.1% or 1.75% of the difference between the

credit taken and that actually due, and the taxpayer shall be

liable for penalties and interest on such difference.

If the retailer is otherwise required to file a monthly

return and if the retailer's average monthly tax liability to

the Department does not exceed $200, the Department may

authorize his returns to be filed on a quarter annual basis,

with the return for January, February, and March of a given

year being due by April 20 of such year; with the return for

April, May and June of a given year being due by July 20 of

such year; with the return for July, August and September of a

given year being due by October 20 of such year, and with the

return for October, November and December of a given year

being due by January 20 of the following year.

If the retailer is otherwise required to file a monthly or

quarterly return and if the retailer's average monthly tax

liability to the Department does not exceed $50, the

Department may authorize his returns to be filed on an annual

basis, with the return for a given year being due by January 20

of the following year.

Such quarter annual and annual returns, as to form and

substance, shall be subject to the same requirements as

monthly returns.

Notwithstanding any other provision in this Act concerning

the time within which a retailer may file his return, in the

case of any retailer who ceases to engage in a kind of business

which makes him responsible for filing returns under this Act,

such retailer shall file a final return under this Act with the

Department not more than one month after discontinuing such

business.

In addition, with respect to motor vehicles, watercraft,

aircraft, and trailers that are required to be registered with

an agency of this State, except as otherwise provided in this

Section, every retailer selling this kind of tangible personal

property shall file, with the Department, upon a form to be

prescribed and supplied by the Department, a separate return

for each such item of tangible personal property which the

retailer sells, except that if, in the same transaction, (i) a

retailer of aircraft, watercraft, motor vehicles or trailers

transfers more than one aircraft, watercraft, motor vehicle or

trailer to another aircraft, watercraft, motor vehicle or

trailer retailer for the purpose of resale or (ii) a retailer

of aircraft, watercraft, motor vehicles, or trailers transfers

more than one aircraft, watercraft, motor vehicle, or trailer

to a purchaser for use as a qualifying rolling stock as

provided in Section 3-55 of this Act, then that seller may

report the transfer of all the aircraft, watercraft, motor

vehicles or trailers involved in that transaction to the

Department on the same uniform invoice-transaction reporting

return form. For purposes of this Section, "watercraft" means

a Class 2, Class 3, or Class 4 watercraft as defined in Section

3-2 of the Boat Registration and Safety Act, a personal

watercraft, or any boat equipped with an inboard motor.

In addition, with respect to motor vehicles, watercraft,

aircraft, and trailers that are required to be registered with

an agency of this State, every person who is engaged in the

business of leasing or renting such items and who, in

connection with such business, sells any such item to a

retailer for the purpose of resale is, notwithstanding any

other provision of this Section to the contrary, authorized to

meet the return-filing requirement of this Act by reporting

the transfer of all the aircraft, watercraft, motor vehicles,

or trailers transferred for resale during a month to the

Department on the same uniform invoice-transaction reporting

return form on or before the 20th of the month following the

month in which the transfer takes place. Notwithstanding any

other provision of this Act to the contrary, all returns filed

under this paragraph must be filed by electronic means in the

manner and form as required by the Department.

The transaction reporting return in the case of motor

vehicles or trailers that are required to be registered with

an agency of this State, shall be the same document as the

Uniform Invoice referred to in Section 5-402 of the Illinois

Vehicle Code and must show the name and address of the seller;

the name and address of the purchaser; the amount of the

selling price including the amount allowed by the retailer for

traded-in property, if any; the amount allowed by the retailer

for the traded-in tangible personal property, if any, to the

extent to which Section 2 of this Act allows an exemption for

the value of traded-in property; the balance payable after

deducting such trade-in allowance from the total selling

price; the amount of tax due from the retailer with respect to

such transaction; the amount of tax collected from the

purchaser by the retailer on such transaction (or satisfactory

evidence that such tax is not due in that particular instance,

if that is claimed to be the fact); the place and date of the

sale; a sufficient identification of the property sold; such

other information as is required in Section 5-402 of the

Illinois Vehicle Code, and such other information as the

Department may reasonably require.

The transaction reporting return in the case of watercraft

and aircraft must show the name and address of the seller; the

name and address of the purchaser; the amount of the selling

price including the amount allowed by the retailer for

traded-in property, if any; the amount allowed by the retailer

for the traded-in tangible personal property, if any, to the

extent to which Section 2 of this Act allows an exemption for

the value of traded-in property; the balance payable after

deducting such trade-in allowance from the total selling

price; the amount of tax due from the retailer with respect to

such transaction; the amount of tax collected from the

purchaser by the retailer on such transaction (or satisfactory

evidence that such tax is not due in that particular instance,

if that is claimed to be the fact); the place and date of the

sale, a sufficient identification of the property sold, and

such other information as the Department may reasonably

require.

Such transaction reporting return shall be filed not later

than 20 days after the date of delivery of the item that is

being sold, but may be filed by the retailer at any time sooner

than that if he chooses to do so. The transaction reporting

return and tax remittance or proof of exemption from the tax

that is imposed by this Act may be transmitted to the

Department by way of the State agency with which, or State

officer with whom, the tangible personal property must be

titled or registered (if titling or registration is required)

if the Department and such agency or State officer determine

that this procedure will expedite the processing of

applications for title or registration.

With each such transaction reporting return, the retailer

shall remit the proper amount of tax due (or shall submit

satisfactory evidence that the sale is not taxable if that is

the case), to the Department or its agents, whereupon the

Department shall issue, in the purchaser's name, a tax receipt

(or a certificate of exemption if the Department is satisfied

that the particular sale is tax exempt) which such purchaser

may submit to the agency with which, or State officer with

whom, he must title or register the tangible personal property

that is involved (if titling or registration is required) in

support of such purchaser's application for an Illinois

certificate or other evidence of title or registration to such

tangible personal property.

No retailer's failure or refusal to remit tax under this

Act precludes a user, who has paid the proper tax to the

retailer, from obtaining his certificate of title or other

evidence of title or registration (if titling or registration

is required) upon satisfying the Department that such user has

paid the proper tax (if tax is due) to the retailer. The

Department shall adopt appropriate rules to carry out the

mandate of this paragraph.

If the user who would otherwise pay tax to the retailer

wants the transaction reporting return filed and the payment

of tax or proof of exemption made to the Department before the

retailer is willing to take these actions and such user has not

paid the tax to the retailer, such user may certify to the fact

of such delay by the retailer, and may (upon the Department

being satisfied of the truth of such certification) transmit

the information required by the transaction reporting return

and the remittance for tax or proof of exemption directly to

the Department and obtain his tax receipt or exemption

determination, in which event the transaction reporting return

and tax remittance (if a tax payment was required) shall be

credited by the Department to the proper retailer's account

with the Department, but without the 2.1% or 1.75% discount

provided for in this Section being allowed. When the user pays

the tax directly to the Department, he shall pay the tax in the

same amount and in the same form in which it would be remitted

if the tax had been remitted to the Department by the retailer.

Where a retailer collects the tax with respect to the

selling price of tangible personal property which he sells and

the purchaser thereafter returns such tangible personal

property and the retailer refunds the selling price thereof to

the purchaser, such retailer shall also refund, to the

purchaser, the tax so collected from the purchaser. When

filing his return for the period in which he refunds such tax

to the purchaser, the retailer may deduct the amount of the tax

so refunded by him to the purchaser from any other use tax

which such retailer may be required to pay or remit to the

Department, as shown by such return, if the amount of the tax

to be deducted was previously remitted to the Department by

such retailer. If the retailer has not previously remitted the

amount of such tax to the Department, he is entitled to no

deduction under this Act upon refunding such tax to the

purchaser.

Any retailer filing a return under this Section shall also

include (for the purpose of paying tax thereon) the total tax

covered by such return upon the selling price of tangible

personal property purchased by him at retail from a retailer,

but as to which the tax imposed by this Act was not collected

from the retailer filing such return, and such retailer shall

remit the amount of such tax to the Department when filing such

return.

If experience indicates such action to be practicable, the

Department may prescribe and furnish a combination or joint

return which will enable retailers, who are required to file

returns hereunder and also under the Retailers' Occupation Tax

Act, to furnish all the return information required by both

Acts on the one form.

Where the retailer has more than one business registered

with the Department under separate registration under this

Act, such retailer may not file each return that is due as a

single return covering all such registered businesses, but

shall file separate returns for each such registered business.

Beginning January 1, 1990, each month the Department shall

pay into the State and Local Sales Tax Reform Fund, a special

fund in the State Treasury which is hereby created, the net

revenue realized for the preceding month from the 1% tax

imposed under this Act.

Beginning January 1, 1990, each month the Department shall

pay into the County and Mass Transit District Fund 4% of the

net revenue realized for the preceding month from the 6.25%

general rate on the selling price of tangible personal

property which is purchased outside Illinois at retail from a

retailer and which is titled or registered by an agency of this

State's government.

Beginning January 1, 1990, each month the Department shall

pay into the State and Local Sales Tax Reform Fund, a special

fund in the State Treasury, 20% of the net revenue realized for

the preceding month from the 6.25% general rate on the selling

price of tangible personal property, other than (i) tangible

personal property which is purchased outside Illinois at

retail from a retailer and which is titled or registered by an

agency of this State's government and (ii) aviation fuel sold

on or after December 1, 2019. This exception for aviation fuel

only applies for so long as the revenue use requirements of 49

U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

For aviation fuel sold on or after December 1, 2019, each

month the Department shall pay into the State Aviation Program

Fund 20% of the net revenue realized for the preceding month

from the 6.25% general rate on the selling price of aviation

fuel, less an amount estimated by the Department to be

required for refunds of the 20% portion of the tax on aviation

fuel under this Act, which amount shall be deposited into the

Aviation Fuel Sales Tax Refund Fund. The Department shall only

pay moneys into the State Aviation Program Fund and the

Aviation Fuels Sales Tax Refund Fund under this Act for so long

as the revenue use requirements of 49 U.S.C. 47107(b) and 49

U.S.C. 47133 are binding on the State.

Beginning August 1, 2000, each month the Department shall

pay into the State and Local Sales Tax Reform Fund 100% of the

net revenue realized for the preceding month from the 1.25%

rate on the selling price of motor fuel and gasohol. If, in any

month, the tax on sales tax holiday items, as defined in

Section 3-6, is imposed at the rate of 1.25%, then the

Department shall pay 100% of the net revenue realized for that

month from the 1.25% rate on the selling price of sales tax

holiday items into the State and Local Sales Tax Reform Fund.

Beginning January 1, 1990, each month the Department shall

pay into the Local Government Tax Fund 16% of the net revenue

realized for the preceding month from the 6.25% general rate

on the selling price of tangible personal property which is

purchased outside Illinois at retail from a retailer and which

is titled or registered by an agency of this State's

government.

Beginning October 1, 2009, each month the Department shall

pay into the Capital Projects Fund an amount that is equal to

an amount estimated by the Department to represent 80% of the

net revenue realized for the preceding month from the sale of

candy, grooming and hygiene products, and soft drinks that had

been taxed at a rate of 1% prior to September 1, 2009 but that

are now taxed at 6.25%.

Beginning July 1, 2011, each month the Department shall

pay into the Clean Air Act Permit Fund 80% of the net revenue

realized for the preceding month from the 6.25% general rate

on the selling price of sorbents used in Illinois in the

process of sorbent injection as used to comply with the

Environmental Protection Act or the federal Clean Air Act, but

the total payment into the Clean Air Act Permit Fund under this

Act and the Retailers' Occupation Tax Act shall not exceed

$2,000,000 in any fiscal year.

Beginning July 1, 2013, each month the Department shall

pay into the Underground Storage Tank Fund from the proceeds

collected under this Act, the Service Use Tax Act, the Service

Occupation Tax Act, and the Retailers' Occupation Tax Act an

amount equal to the average monthly deficit in the Underground

Storage Tank Fund during the prior year, as certified annually

by the Illinois Environmental Protection Agency, but the total

payment into the Underground Storage Tank Fund under this Act,

the Service Use Tax Act, the Service Occupation Tax Act, and

the Retailers' Occupation Tax Act shall not exceed $18,000,000

in any State fiscal year. As used in this paragraph, the

"average monthly deficit" shall be equal to the difference

between the average monthly claims for payment by the fund and

the average monthly revenues deposited into the fund,

excluding payments made pursuant to this paragraph.

Beginning July 1, 2015, of the remainder of the moneys

received by the Department under this Act, the Service Use Tax

Act, the Service Occupation Tax Act, and the Retailers'

Occupation Tax Act, each month the Department shall deposit

$500,000 into the State Crime Laboratory Fund.

Of the remainder of the moneys received by the Department

pursuant to this Act, (a) 1.75% thereof shall be paid into the

Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

and after July 1, 1989, 3.8% thereof shall be paid into the

Build Illinois Fund; provided, however, that if in any fiscal

year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

may be, of the moneys received by the Department and required

to be paid into the Build Illinois Fund pursuant to Section 3

of the Retailers' Occupation Tax Act, Section 9 of the Use Tax

Act, Section 9 of the Service Use Tax Act, and Section 9 of the

Service Occupation Tax Act, such Acts being hereinafter called

the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case

may be, of moneys being hereinafter called the "Tax Act

Amount", and (2) the amount transferred to the Build Illinois

Fund from the State and Local Sales Tax Reform Fund shall be

less than the Annual Specified Amount (as defined in Section 3

of the Retailers' Occupation Tax Act), an amount equal to the

difference shall be immediately paid into the Build Illinois

Fund from other moneys received by the Department pursuant to

the Tax Acts; and further provided, that if on the last

business day of any month the sum of (1) the Tax Act Amount

required to be deposited into the Build Illinois Bond Account

in the Build Illinois Fund during such month and (2) the amount

transferred during such month to the Build Illinois Fund from

the State and Local Sales Tax Reform Fund shall have been less

than 1/12 of the Annual Specified Amount, an amount equal to

the difference shall be immediately paid into the Build

Illinois Fund from other moneys received by the Department

pursuant to the Tax Acts; and, further provided, that in no

event shall the payments required under the preceding proviso

result in aggregate payments into the Build Illinois Fund

pursuant to this clause (b) for any fiscal year in excess of

the greater of (i) the Tax Act Amount or (ii) the Annual

Specified Amount for such fiscal year; and, further provided,

that the amounts payable into the Build Illinois Fund under

this clause (b) shall be payable only until such time as the

aggregate amount on deposit under each trust indenture

securing Bonds issued and outstanding pursuant to the Build

Illinois Bond Act is sufficient, taking into account any

future investment income, to fully provide, in accordance with

such indenture, for the defeasance of or the payment of the

principal of, premium, if any, and interest on the Bonds

secured by such indenture and on any Bonds expected to be

issued thereafter and all fees and costs payable with respect

thereto, all as certified by the Director of the Bureau of the

Budget (now Governor's Office of Management and Budget). If on

the last business day of any month in which Bonds are

outstanding pursuant to the Build Illinois Bond Act, the

aggregate of the moneys deposited in the Build Illinois Bond

Account in the Build Illinois Fund in such month shall be less

than the amount required to be transferred in such month from

the Build Illinois Bond Account to the Build Illinois Bond

Retirement and Interest Fund pursuant to Section 13 of the

Build Illinois Bond Act, an amount equal to such deficiency

shall be immediately paid from other moneys received by the

Department pursuant to the Tax Acts to the Build Illinois

Fund; provided, however, that any amounts paid to the Build

Illinois Fund in any fiscal year pursuant to this sentence

shall be deemed to constitute payments pursuant to clause (b)

of the preceding sentence and shall reduce the amount

otherwise payable for such fiscal year pursuant to clause (b)

of the preceding sentence. The moneys received by the

Department pursuant to this Act and required to be deposited

into the Build Illinois Fund are subject to the pledge, claim

and charge set forth in Section 12 of the Build Illinois Bond

Act.

Subject to payment of amounts into the Build Illinois Fund

as provided in the preceding paragraph or in any amendment

thereto hereafter enacted, the following specified monthly

installment of the amount requested in the certificate of the

Chairman of the Metropolitan Pier and Exposition Authority

provided under Section 8.25f of the State Finance Act, but not

in excess of the sums designated as "Total Deposit", shall be

deposited in the aggregate from collections under Section 9 of

the Use Tax Act, Section 9 of the Service Use Tax Act, Section

9 of the Service Occupation Tax Act, and Section 3 of the

Retailers' Occupation Tax Act into the McCormick Place

Expansion Project Fund in the specified fiscal years.

Fiscal Year Total Deposit 1993 $0 1994 53,000,000

1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000

2021 300,000,000 2022 300,000,000 2023 300,000,000 2024 300,000,000 2025 300,000,000 2026 300,000,000 2027 375,000,000 2028 375,000,000 2029 375,000,000 2030 375,000,000 2031 375,000,000 2032 375,000,000 2033 375,000,000 2034 375,000,000 2035 375,000,000 2036 450,000,000 and each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2060.

Beginning July 20, 1993 and in each month of each fiscal

year thereafter, one-eighth of the amount requested in the

certificate of the Chairman of the Metropolitan Pier and

Exposition Authority for that fiscal year, less the amount

deposited into the McCormick Place Expansion Project Fund by

the State Treasurer in the respective month under subsection

(g) of Section 13 of the Metropolitan Pier and Exposition

Authority Act, plus cumulative deficiencies in the deposits

required under this Section for previous months and years,

shall be deposited into the McCormick Place Expansion Project

Fund, until the full amount requested for the fiscal year, but

not in excess of the amount specified above as "Total

Deposit", has been deposited.

Subject to payment of amounts into the Capital Projects

Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

and the McCormick Place Expansion Project Fund pursuant to the

preceding paragraphs or in any amendments thereto hereafter

enacted, for aviation fuel sold on or after December 1, 2019,

the Department shall each month deposit into the Aviation Fuel

Sales Tax Refund Fund an amount estimated by the Department to

be required for refunds of the 80% portion of the tax on

aviation fuel under this Act. The Department shall only

deposit moneys into the Aviation Fuel Sales Tax Refund Fund

under this paragraph for so long as the revenue use

requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

binding on the State.

Subject to payment of amounts into the Build Illinois Fund

and the McCormick Place Expansion Project Fund pursuant to the

preceding paragraphs or in any amendments thereto hereafter

enacted, beginning July 1, 1993 and ending on September 30,

2013, the Department shall each month pay into the Illinois

Tax Increment Fund 0.27% of 80% of the net revenue realized for

the preceding month from the 6.25% general rate on the selling

price of tangible personal property.

Subject to payment of amounts into the Build Illinois Fund

and the McCormick Place Expansion Project Fund pursuant to the

preceding paragraphs or in any amendments thereto hereafter

enacted, beginning with the receipt of the first report of

taxes paid by an eligible business and continuing for a

25-year period, the Department shall each month pay into the

Energy Infrastructure Fund 80% of the net revenue realized

from the 6.25% general rate on the selling price of

Illinois-mined coal that was sold to an eligible business. For

purposes of this paragraph, the term "eligible business" means

a new electric generating facility certified pursuant to

Section 605-332 of the Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois.

Subject to payment of amounts into the Build Illinois

Fund, the McCormick Place Expansion Project Fund, the Illinois

Tax Increment Fund, and the Energy Infrastructure Fund

pursuant to the preceding paragraphs or in any amendments to

this Section hereafter enacted, beginning on the first day of

the first calendar month to occur on or after August 26, 2014

(the effective date of Public Act 98-1098), each month, from

the collections made under Section 9 of the Use Tax Act,

Section 9 of the Service Use Tax Act, Section 9 of the Service

Occupation Tax Act, and Section 3 of the Retailers' Occupation

Tax Act, the Department shall pay into the Tax Compliance and

Administration Fund, to be used, subject to appropriation, to

fund additional auditors and compliance personnel at the

Department of Revenue, an amount equal to 1/12 of 5% of 80% of

the cash receipts collected during the preceding fiscal year

by the Audit Bureau of the Department under the Use Tax Act,

the Service Use Tax Act, the Service Occupation Tax Act, the

Retailers' Occupation Tax Act, and associated local occupation

and use taxes administered by the Department.

Subject to payments of amounts into the Build Illinois

Fund, the McCormick Place Expansion Project Fund, the Illinois

Tax Increment Fund, the Energy Infrastructure Fund, and the

Tax Compliance and Administration Fund as provided in this

Section, beginning on July 1, 2018 the Department shall pay

each month into the Downstate Public Transportation Fund the

moneys required to be so paid under Section 2-3 of the

Downstate Public Transportation Act.

Subject to successful execution and delivery of a

public-private agreement between the public agency and private

entity and completion of the civic build, beginning on July 1,

2023, of the remainder of the moneys received by the

Department under the Use Tax Act, the Service Use Tax Act, the

Service Occupation Tax Act, and this Act, the Department shall

deposit the following specified deposits in the aggregate from

collections under the Use Tax Act, the Service Use Tax Act, the

Service Occupation Tax Act, and the Retailers' Occupation Tax

Act, as required under Section 8.25g of the State Finance Act

for distribution consistent with the Public-Private

Partnership for Civic and Transit Infrastructure Project Act.

The moneys received by the Department pursuant to this Act and

required to be deposited into the Civic and Transit

Infrastructure Fund are subject to the pledge, claim, and

charge set forth in Section 25-55 of the Public-Private

Partnership for Civic and Transit Infrastructure Project Act.

As used in this paragraph, "civic build", "private entity",

"public-private agreement", and "public agency" have the

meanings provided in Section 25-10 of the Public-Private

Partnership for Civic and Transit Infrastructure Project Act.

Fiscal Year............................Total Deposit

2024....................................$200,000,000

2025....................................$206,000,000

2026....................................$212,200,000

2027....................................$218,500,000

2028....................................$225,100,000

2029....................................$288,700,000

2030....................................$298,900,000

2031....................................$309,300,000

2032....................................$320,100,000

2033....................................$331,200,000

2034....................................$341,200,000

2035....................................$351,400,000

2036....................................$361,900,000

2037....................................$372,800,000

2038....................................$384,000,000

2039....................................$395,500,000

2040....................................$407,400,000

2041....................................$419,600,000

2042....................................$432,200,000

2043....................................$445,100,000

Beginning July 1, 2021 and until July 1, 2022, subject to

the payment of amounts into the State and Local Sales Tax

Reform Fund, the Build Illinois Fund, the McCormick Place

Expansion Project Fund, the Illinois Tax Increment Fund, the

Energy Infrastructure Fund, and the Tax Compliance and

Administration Fund as provided in this Section, the

Department shall pay each month into the Road Fund the amount

estimated to represent 16% of the net revenue realized from

the taxes imposed on motor fuel and gasohol. Beginning July 1,

2022 and until July 1, 2023, subject to the payment of amounts

into the State and Local Sales Tax Reform Fund, the Build

Illinois Fund, the McCormick Place Expansion Project Fund, the

Illinois Tax Increment Fund, the Energy Infrastructure Fund,

and the Tax Compliance and Administration Fund as provided in

this Section, the Department shall pay each month into the

Road Fund the amount estimated to represent 32% of the net

revenue realized from the taxes imposed on motor fuel and

gasohol. Beginning July 1, 2023 and until July 1, 2024,

subject to the payment of amounts into the State and Local

Sales Tax Reform Fund, the Build Illinois Fund, the McCormick

Place Expansion Project Fund, the Illinois Tax Increment Fund,

the Energy Infrastructure Fund, and the Tax Compliance and

Administration Fund as provided in this Section, the

Department shall pay each month into the Road Fund the amount

estimated to represent 48% of the net revenue realized from

the taxes imposed on motor fuel and gasohol. Beginning July 1,

2024 and until July 1, 2025, subject to the payment of amounts

into the State and Local Sales Tax Reform Fund, the Build

Illinois Fund, the McCormick Place Expansion Project Fund, the

Illinois Tax Increment Fund, the Energy Infrastructure Fund,

and the Tax Compliance and Administration Fund as provided in

this Section, the Department shall pay each month into the

Road Fund the amount estimated to represent 64% of the net

revenue realized from the taxes imposed on motor fuel and

gasohol. Beginning on July 1, 2025, subject to the payment of

amounts into the State and Local Sales Tax Reform Fund, the

Build Illinois Fund, the McCormick Place Expansion Project

Fund, the Illinois Tax Increment Fund, the Energy

Infrastructure Fund, and the Tax Compliance and Administration

Fund as provided in this Section, the Department shall pay

each month into the Road Fund the amount estimated to

represent 80% of the net revenue realized from the taxes

imposed on motor fuel and gasohol. As used in this paragraph

"motor fuel" has the meaning given to that term in Section 1.1

of the Motor Fuel Tax Law, and "gasohol" has the meaning given

to that term in Section 3-40 of this Act.

Of the remainder of the moneys received by the Department

pursuant to this Act, 75% thereof shall be paid into the State

Treasury and 25% shall be reserved in a special account and

used only for the transfer to the Common School Fund as part of

the monthly transfer from the General Revenue Fund in

accordance with Section 8a of the State Finance Act.

As soon as possible after the first day of each month, upon

certification of the Department of Revenue, the Comptroller

shall order transferred and the Treasurer shall transfer from

the General Revenue Fund to the Motor Fuel Tax Fund an amount

equal to 1.7% of 80% of the net revenue realized under this Act

for the second preceding month. Beginning April 1, 2000, this

transfer is no longer required and shall not be made.

Net revenue realized for a month shall be the revenue

collected by the State pursuant to this Act, less the amount

paid out during that month as refunds to taxpayers for

overpayment of liability.

For greater simplicity of administration, manufacturers,

importers and wholesalers whose products are sold at retail in

Illinois by numerous retailers, and who wish to do so, may

assume the responsibility for accounting and paying to the

Department all tax accruing under this Act with respect to

such sales, if the retailers who are affected do not make

written objection to the Department to this arrangement.

(Source: P.A. 101-10, Article 15, Section 15-10, eff. 6-5-19;

101-10, Article 25, Section 25-105, eff. 6-5-19; 101-27, eff.

6-25-19; 101-32, eff. 6-28-19; 101-604, eff. 12-13-19;

101-636, eff. 6-10-20; 102-700, Article 60, Section 60-15,

eff. 4-19-22; 102-700, Article 65, Section 65-5, eff. 4-19-22;

102-1019, eff. 1-1-23; revised 12-13-22.)

Section 200. The Service Use Tax Act is amended by

changing Sections 3-5 and 3-10 as follows:

(35 ILCS 110/3-5)

Sec. 3-5. Exemptions. Use of the following tangible

personal property is exempt from the tax imposed by this Act:

(1) Personal property purchased from a corporation,

society, association, foundation, institution, or

organization, other than a limited liability company, that is

organized and operated as a not-for-profit service enterprise

for the benefit of persons 65 years of age or older if the

personal property was not purchased by the enterprise for the

purpose of resale by the enterprise.

(2) Personal property purchased by a non-profit Illinois

county fair association for use in conducting, operating, or

promoting the county fair.

(3) Personal property purchased by a not-for-profit arts

or cultural organization that establishes, by proof required

by the Department by rule, that it has received an exemption

under Section 501(c)(3) of the Internal Revenue Code and that

is organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or

services. These organizations include, but are not limited to,

music and dramatic arts organizations such as symphony

orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,

and media arts organizations. On and after July 1, 2001 (the

effective date of Public Act 92-35), however, an entity

otherwise eligible for this exemption shall not make tax-free

purchases unless it has an active identification number issued

by the Department.

(4) Legal tender, currency, medallions, or gold or silver

coinage issued by the State of Illinois, the government of the

United States of America, or the government of any foreign

country, and bullion.

(5) Until July 1, 2003 and beginning again on September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both new

and used, and including that manufactured on special order or

purchased for lease, certified by the purchaser to be used

primarily for graphic arts production. Equipment includes

chemicals or chemicals acting as catalysts but only if the

chemicals or chemicals acting as catalysts effect a direct and

immediate change upon a graphic arts product. Beginning on

July 1, 2017, graphic arts machinery and equipment is included

in the manufacturing and assembling machinery and equipment

exemption under Section 2 of this Act.

(6) Personal property purchased from a teacher-sponsored

student organization affiliated with an elementary or

secondary school located in Illinois.

(7) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the

purchaser to be used primarily for production agriculture or

State or federal agricultural programs, including individual

replacement parts for the machinery and equipment, including

machinery and equipment purchased for lease, and including

implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural

chemical and fertilizer spreaders, and nurse wagons required

to be registered under Section 3-809 of the Illinois Vehicle

Code, but excluding other motor vehicles required to be

registered under the Illinois Vehicle Code. Horticultural

polyhouses or hoop houses used for propagating, growing, or

overwintering plants shall be considered farm machinery and

equipment under this item (7). Agricultural chemical tender

tanks and dry boxes shall include units sold separately from a

motor vehicle required to be licensed and units sold mounted

on a motor vehicle required to be licensed if the selling price

of the tender is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment including, but not

limited to, tractors, harvesters, sprayers, planters, seeders,

or spreaders. Precision farming equipment includes, but is not

limited to, soil testing sensors, computers, monitors,

software, global positioning and mapping systems, and other

such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in the

computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not limited

to, the collection, monitoring, and correlation of animal and

crop data for the purpose of formulating animal diets and

agricultural chemicals. This item (7) is exempt from the

provisions of Section 3-75.

(8) Until June 30, 2013, fuel and petroleum products sold

to or used by an air common carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a flight

destined for or returning from a location or locations outside

the United States without regard to previous or subsequent

domestic stopovers.

Beginning July 1, 2013, fuel and petroleum products sold

to or used by an air carrier, certified by the carrier to be

used for consumption, shipment, or storage in the conduct of

its business as an air common carrier, for a flight that (i) is

engaged in foreign trade or is engaged in trade between the

United States and any of its possessions and (ii) transports

at least one individual or package for hire from the city of

origination to the city of final destination on the same

aircraft, without regard to a change in the flight number of

that aircraft.

(9) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

food and beverages acquired as an incident to the purchase of a

service from a serviceman, to the extent that the proceeds of

the service charge are in fact turned over as tips or as a

substitute for tips to the employees who participate directly

in preparing, serving, hosting or cleaning up the food or

beverage function with respect to which the service charge is

imposed.

(10) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of

rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

pipe and tubular goods, including casing and drill strings,

(iii) pumps and pump-jack units, (iv) storage tanks and flow

lines, (v) any individual replacement part for oil field

exploration, drilling, and production equipment, and (vi)

machinery and equipment purchased for lease; but excluding

motor vehicles required to be registered under the Illinois

Vehicle Code.

(11) Proceeds from the sale of photoprocessing machinery

and equipment, including repair and replacement parts, both

new and used, including that manufactured on special order,

certified by the purchaser to be used primarily for

photoprocessing, and including photoprocessing machinery and

equipment purchased for lease.

(12) Until July 1, 2028, coal and aggregate exploration,

mining, off-highway hauling, processing, maintenance, and

reclamation equipment, including replacement parts and

equipment, and including equipment purchased for lease, but

excluding motor vehicles required to be registered under the

Illinois Vehicle Code. The changes made to this Section by

Public Act 97-767 apply on and after July 1, 2003, but no claim

for credit or refund is allowed on or after August 16, 2013

(the effective date of Public Act 98-456) for such taxes paid

during the period beginning July 1, 2003 and ending on August

16, 2013 (the effective date of Public Act 98-456).

(13) Semen used for artificial insemination of livestock

for direct agricultural production.

(14) Horses, or interests in horses, registered with and

meeting the requirements of any of the Arabian Horse Club

Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or

racing for prizes. This item (14) is exempt from the

provisions of Section 3-75, and the exemption provided for

under this item (14) applies for all periods beginning May 30,

1995, but no claim for credit or refund is allowed on or after

January 1, 2008 (the effective date of Public Act 95-88) for

such taxes paid during the period beginning May 30, 2000 and

ending on January 1, 2008 (the effective date of Public Act

95-88).

(15) Computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients purchased by a

lessor who leases the equipment, under a lease of one year or

longer executed or in effect at the time the lessor would

otherwise be subject to the tax imposed by this Act, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the equipment is leased

in a manner that does not qualify for this exemption or is used

in any other non-exempt manner, the lessor shall be liable for

the tax imposed under this Act or the Use Tax Act, as the case

may be, based on the fair market value of the property at the

time the non-qualifying use occurs. No lessor shall collect or

attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Use Tax Act, as the case may be, if the tax has not

been paid by the lessor. If a lessor improperly collects any

such amount from the lessee, the lessee shall have a legal

right to claim a refund of that amount from the lessor. If,

however, that amount is not refunded to the lessee for any

reason, the lessor is liable to pay that amount to the

Department.

(16) Personal property purchased by a lessor who leases

the property, under a lease of one year or longer executed or

in effect at the time the lessor would otherwise be subject to

the tax imposed by this Act, to a governmental body that has

been issued an active tax exemption identification number by

the Department under Section 1g of the Retailers' Occupation

Tax Act. If the property is leased in a manner that does not

qualify for this exemption or is used in any other non-exempt

manner, the lessor shall be liable for the tax imposed under

this Act or the Use Tax Act, as the case may be, based on the

fair market value of the property at the time the

non-qualifying use occurs. No lessor shall collect or attempt

to collect an amount (however designated) that purports to

reimburse that lessor for the tax imposed by this Act or the

Use Tax Act, as the case may be, if the tax has not been paid

by the lessor. If a lessor improperly collects any such amount

from the lessee, the lessee shall have a legal right to claim a

refund of that amount from the lessor. If, however, that

amount is not refunded to the lessee for any reason, the lessor

is liable to pay that amount to the Department.

(17) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is donated

for disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a

manufacturer or retailer that is registered in this State to a

corporation, society, association, foundation, or institution

that has been issued a sales tax exemption identification

number by the Department that assists victims of the disaster

who reside within the declared disaster area.

(18) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is used in

the performance of infrastructure repairs in this State,

including but not limited to municipal roads and streets,

access roads, bridges, sidewalks, waste disposal systems,

water and sewer line extensions, water distribution and

purification facilities, storm water drainage and retention

facilities, and sewage treatment facilities, resulting from a

State or federally declared disaster in Illinois or bordering

Illinois when such repairs are initiated on facilities located

in the declared disaster area within 6 months after the

disaster.

(19) Beginning July 1, 1999, game or game birds purchased

at a "game breeding and hunting preserve area" as that term is

used in the Wildlife Code. This paragraph is exempt from the

provisions of Section 3-75.

(20) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a

corporation, limited liability company, society, association,

foundation, or institution that is determined by the

Department to be organized and operated exclusively for

educational purposes. For purposes of this exemption, "a

corporation, limited liability company, society, association,

foundation, or institution organized and operated exclusively

for educational purposes" means all tax-supported public

schools, private schools that offer systematic instruction in

useful branches of learning by methods common to public

schools and that compare favorably in their scope and

intensity with the course of study presented in tax-supported

schools, and vocational or technical schools or institutes

organized and operated exclusively to provide a course of

study of not less than 6 weeks duration and designed to prepare

individuals to follow a trade or to pursue a manual,

technical, mechanical, industrial, business, or commercial

occupation.

(21) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for the

benefit of a public or private elementary or secondary school,

a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes

parents and teachers of the school children. This paragraph

does not apply to fundraising events (i) for the benefit of

private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that profits

from the sale to the fundraising entity. This paragraph is

exempt from the provisions of Section 3-75.

(22) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare and

serve hot food and beverages, including coffee, soup, and

other items, and replacement parts for these machines.

Beginning January 1, 2002 and through June 30, 2003, machines

and parts for machines used in commercial, coin-operated

amusement and vending business if a use or occupation tax is

paid on the gross receipts derived from the use of the

commercial, coin-operated amusement and vending machines. This

paragraph is exempt from the provisions of Section 3-75.

(23) Beginning August 23, 2001 and through June 30, 2016,

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

soft drinks, and food that has been prepared for immediate

consumption) and prescription and nonprescription medicines,

drugs, medical appliances, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical

assistance under Article V of the Illinois Public Aid Code who

resides in a licensed long-term care facility, as defined in

the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act, the MC/DD Act, or the

Specialized Mental Health Rehabilitation Act of 2013.

(24) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), computers and communications equipment

utilized for any hospital purpose and equipment used in the

diagnosis, analysis, or treatment of hospital patients

purchased by a lessor who leases the equipment, under a lease

of one year or longer executed or in effect at the time the

lessor would otherwise be subject to the tax imposed by this

Act, to a hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the equipment is leased

in a manner that does not qualify for this exemption or is used

in any other nonexempt manner, the lessor shall be liable for

the tax imposed under this Act or the Use Tax Act, as the case

may be, based on the fair market value of the property at the

time the nonqualifying use occurs. No lessor shall collect or

attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Use Tax Act, as the case may be, if the tax has not

been paid by the lessor. If a lessor improperly collects any

such amount from the lessee, the lessee shall have a legal

right to claim a refund of that amount from the lessor. If,

however, that amount is not refunded to the lessee for any

reason, the lessor is liable to pay that amount to the

Department. This paragraph is exempt from the provisions of

Section 3-75.

(25) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), personal property purchased by a lessor

who leases the property, under a lease of one year or longer

executed or in effect at the time the lessor would otherwise be

subject to the tax imposed by this Act, to a governmental body

that has been issued an active tax exemption identification

number by the Department under Section 1g of the Retailers'

Occupation Tax Act. If the property is leased in a manner that

does not qualify for this exemption or is used in any other

nonexempt manner, the lessor shall be liable for the tax

imposed under this Act or the Use Tax Act, as the case may be,

based on the fair market value of the property at the time the

nonqualifying use occurs. No lessor shall collect or attempt

to collect an amount (however designated) that purports to

reimburse that lessor for the tax imposed by this Act or the

Use Tax Act, as the case may be, if the tax has not been paid

by the lessor. If a lessor improperly collects any such amount

from the lessee, the lessee shall have a legal right to claim a

refund of that amount from the lessor. If, however, that

amount is not refunded to the lessee for any reason, the lessor

is liable to pay that amount to the Department. This paragraph

is exempt from the provisions of Section 3-75.

(26) Beginning January 1, 2008, tangible personal property

used in the construction or maintenance of a community water

supply, as defined under Section 3.145 of the Environmental

Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued

under Title IV of the Environmental Protection Act. This

paragraph is exempt from the provisions of Section 3-75.

(27) Beginning January 1, 2010 and continuing through

December 31, 2024, materials, parts, equipment, components,

and furnishings incorporated into or upon an aircraft as part

of the modification, refurbishment, completion, replacement,

repair, or maintenance of the aircraft. This exemption

includes consumable supplies used in the modification,

refurbishment, completion, replacement, repair, and

maintenance of aircraft, but excludes any materials, parts,

equipment, components, and consumable supplies used in the

modification, replacement, repair, and maintenance of aircraft

engines or power plants, whether such engines or power plants

are installed or uninstalled upon any such aircraft.

"Consumable supplies" include, but are not limited to,

adhesive, tape, sandpaper, general purpose lubricants,

cleaning solution, latex gloves, and protective films. This

exemption applies only to the use of qualifying tangible

personal property transferred incident to the modification,

refurbishment, completion, replacement, repair, or maintenance

of aircraft by persons who (i) hold an Air Agency Certificate

and are empowered to operate an approved repair station by the

Federal Aviation Administration, (ii) have a Class IV Rating,

and (iii) conduct operations in accordance with Part 145 of

the Federal Aviation Regulations. The exemption does not

include aircraft operated by a commercial air carrier

providing scheduled passenger air service pursuant to

authority issued under Part 121 or Part 129 of the Federal

Aviation Regulations. The changes made to this paragraph (27)

by Public Act 98-534 are declarative of existing law. It is the

intent of the General Assembly that the exemption under this

paragraph (27) applies continuously from January 1, 2010

through December 31, 2024; however, no claim for credit or

refund is allowed for taxes paid as a result of the

disallowance of this exemption on or after January 1, 2015 and

prior to February 5, 2020 (the effective date of Public Act

101-629) this amendatory Act of the 101st General Assembly.

(28) Tangible personal property purchased by a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall, but

only if the legal title to the municipal convention hall is

transferred to the municipality without any further

consideration by or on behalf of the municipality at the time

of the completion of the municipal convention hall or upon the

retirement or redemption of any bonds or other debt

instruments issued by the public-facilities corporation in

connection with the development of the municipal convention

hall. This exemption includes existing public-facilities

corporations as provided in Section 11-65-25 of the Illinois

Municipal Code. This paragraph is exempt from the provisions

of Section 3-75.

(29) Beginning January 1, 2017 and through December 31,

2026, menstrual pads, tampons, and menstrual cups.

(30) Tangible personal property transferred to a purchaser

who is exempt from the tax imposed by this Act by operation of

federal law. This paragraph is exempt from the provisions of

Section 3-75.

(31) Qualified tangible personal property used in the

construction or operation of a data center that has been

granted a certificate of exemption by the Department of

Commerce and Economic Opportunity, whether that tangible

personal property is purchased by the owner, operator, or

tenant of the data center or by a contractor or subcontractor

of the owner, operator, or tenant. Data centers that would

have qualified for a certificate of exemption prior to January

1, 2020 had Public Act 101-31 this amendatory Act of the 101st

General Assembly been in effect, may apply for and obtain an

exemption for subsequent purchases of computer equipment or

enabling software purchased or leased to upgrade, supplement,

or replace computer equipment or enabling software purchased

or leased in the original investment that would have

qualified.

The Department of Commerce and Economic Opportunity shall

grant a certificate of exemption under this item (31) to

qualified data centers as defined by Section 605-1025 of the

Department of Commerce and Economic Opportunity Law of the

Civil Administrative Code of Illinois.

For the purposes of this item (31):

"Data center" means a building or a series of

buildings rehabilitated or constructed to house working

servers in one physical location or multiple sites within

the State of Illinois.

"Qualified tangible personal property" means:

electrical systems and equipment; climate control and

chilling equipment and systems; mechanical systems and

equipment; monitoring and secure systems; emergency

generators; hardware; computers; servers; data storage

devices; network connectivity equipment; racks; cabinets;

telecommunications cabling infrastructure; raised floor

systems; peripheral components or systems; software;

mechanical, electrical, or plumbing systems; battery

systems; cooling systems and towers; temperature control

systems; other cabling; and other data center

infrastructure equipment and systems necessary to operate

qualified tangible personal property, including fixtures;

and component parts of any of the foregoing, including

installation, maintenance, repair, refurbishment, and

replacement of qualified tangible personal property to

generate, transform, transmit, distribute, or manage

electricity necessary to operate qualified tangible

personal property; and all other tangible personal

property that is essential to the operations of a computer

data center. The term "qualified tangible personal

property" also includes building materials physically

incorporated in to the qualifying data center. To document

the exemption allowed under this Section, the retailer

must obtain from the purchaser a copy of the certificate

of eligibility issued by the Department of Commerce and

Economic Opportunity.

This item (31) is exempt from the provisions of Section

3-75.

(32) Beginning July 1, 2022, breast pumps, breast pump

collection and storage supplies, and breast pump kits. This

item (32) is exempt from the provisions of Section 3-75. As

used in this item (32):

"Breast pump" means an electrically controlled or

manually controlled pump device designed or marketed to be

used to express milk from a human breast during lactation,

including the pump device and any battery, AC adapter, or

other power supply unit that is used to power the pump

device and is packaged and sold with the pump device at the

time of sale.

"Breast pump collection and storage supplies" means

items of tangible personal property designed or marketed

to be used in conjunction with a breast pump to collect

milk expressed from a human breast and to store collected

milk until it is ready for consumption.

"Breast pump collection and storage supplies"

includes, but is not limited to: breast shields and breast

shield connectors; breast pump tubes and tubing adapters;

breast pump valves and membranes; backflow protectors and

backflow protector adaptors; bottles and bottle caps

specific to the operation of the breast pump; and breast

milk storage bags.

"Breast pump collection and storage supplies" does not

include: (1) bottles and bottle caps not specific to the

operation of the breast pump; (2) breast pump travel bags

and other similar carrying accessories, including ice

packs, labels, and other similar products; (3) breast pump

cleaning supplies; (4) nursing bras, bra pads, breast

shells, and other similar products; and (5) creams,

ointments, and other similar products that relieve

breastfeeding-related symptoms or conditions of the

breasts or nipples, unless sold as part of a breast pump

kit that is pre-packaged by the breast pump manufacturer

or distributor.

"Breast pump kit" means a kit that: (1) contains no

more than a breast pump, breast pump collection and

storage supplies, a rechargeable battery for operating the

breast pump, a breastmilk cooler, bottle stands, ice

packs, and a breast pump carrying case; and (2) is

pre-packaged as a breast pump kit by the breast pump

manufacturer or distributor.

(33) (32) Tangible personal property sold by or on behalf

of the State Treasurer pursuant to the Revised Uniform

Unclaimed Property Act. This item (33) (32) is exempt from the

provisions of Section 3-75.

(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;

101-629, eff. 2-5-20; 102-16, eff. 6-17-21; 102-700, Article

70, Section 70-10, eff. 4-19-22; 102-700, Article 75, Section

75-10, eff. 4-19-22; 102-1026, eff. 5-27-22; revised 8-3-22.)

(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)

Sec. 3-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of

the selling price of tangible personal property transferred as

an incident to the sale of service, but, for the purpose of

computing this tax, in no event shall the selling price be less

than the cost price of the property to the serviceman.

Beginning on July 1, 2000 and through December 31, 2000,

with respect to motor fuel, as defined in Section 1.1 of the

Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

the Use Tax Act, the tax is imposed at the rate of 1.25%.

With respect to gasohol, as defined in the Use Tax Act, the

tax imposed by this Act applies to (i) 70% of the selling price

of property transferred as an incident to the sale of service

on or after January 1, 1990, and before July 1, 2003, (ii) 80%

of the selling price of property transferred as an incident to

the sale of service on or after July 1, 2003 and on or before

July 1, 2017, and (iii) 100% of the selling price thereafter.

If, at any time, however, the tax under this Act on sales of

gasohol, as defined in the Use Tax Act, is imposed at the rate

of 1.25%, then the tax imposed by this Act applies to 100% of

the proceeds of sales of gasohol made during that time.

With respect to majority blended ethanol fuel, as defined

in the Use Tax Act, the tax imposed by this Act does not apply

to the selling price of property transferred as an incident to

the sale of service on or after July 1, 2003 and on or before

December 31, 2023 but applies to 100% of the selling price

thereafter.

With respect to biodiesel blends, as defined in the Use

Tax Act, with no less than 1% and no more than 10% biodiesel,

the tax imposed by this Act applies to (i) 80% of the selling

price of property transferred as an incident to the sale of

service on or after July 1, 2003 and on or before December 31,

2018 and (ii) 100% of the proceeds of the selling price after

December 31, 2018 and before January 1, 2024. On and after

January 1, 2024 and on or before December 31, 2030, the

taxation of biodiesel, renewable diesel, and biodiesel blends

shall be as provided in Section 3-5.1 of the Use Tax Act. If,

at any time, however, the tax under this Act on sales of

biodiesel blends, as defined in the Use Tax Act, with no less

than 1% and no more than 10% biodiesel is imposed at the rate

of 1.25%, then the tax imposed by this Act applies to 100% of

the proceeds of sales of biodiesel blends with no less than 1%

and no more than 10% biodiesel made during that time.

With respect to biodiesel, as defined in the Use Tax Act,

and biodiesel blends, as defined in the Use Tax Act, with more

than 10% but no more than 99% biodiesel, the tax imposed by

this Act does not apply to the proceeds of the selling price of

property transferred as an incident to the sale of service on

or after July 1, 2003 and on or before December 31, 2023. On

and after January 1, 2024 and on or before December 31, 2030,

the taxation of biodiesel, renewable diesel, and biodiesel

blends shall be as provided in Section 3-5.1 of the Use Tax

Act.

At the election of any registered serviceman made for each

fiscal year, sales of service in which the aggregate annual

cost price of tangible personal property transferred as an

incident to the sales of service is less than 35%, or 75% in

the case of servicemen transferring prescription drugs or

servicemen engaged in graphic arts production, of the

aggregate annual total gross receipts from all sales of

service, the tax imposed by this Act shall be based on the

serviceman's cost price of the tangible personal property

transferred as an incident to the sale of those services.

Until July 1, 2022 and beginning again on July 1, 2023, the

tax shall be imposed at the rate of 1% on food prepared for

immediate consumption and transferred incident to a sale of

service subject to this Act or the Service Occupation Tax Act

by an entity licensed under the Hospital Licensing Act, the

Nursing Home Care Act, the Assisted Living and Shared Housing

Act, the ID/DD Community Care Act, the MC/DD Act, the

Specialized Mental Health Rehabilitation Act of 2013, or the

Child Care Act of 1969, or an entity that holds a permit issued

pursuant to the Life Care Facilities Act. Until July 1, 2022

and beginning again on July 1, 2023, the tax shall also be

imposed at the rate of 1% on food for human consumption that is

to be consumed off the premises where it is sold (other than

alcoholic beverages, food consisting of or infused with adult

use cannabis, soft drinks, and food that has been prepared for

immediate consumption and is not otherwise included in this

paragraph).

Beginning on July 1, 2022 and until July 1, 2023, the tax

shall be imposed at the rate of 0% on food prepared for

immediate consumption and transferred incident to a sale of

service subject to this Act or the Service Occupation Tax Act

by an entity licensed under the Hospital Licensing Act, the

Nursing Home Care Act, the Assisted Living and Shared Housing

Act, the ID/DD Community Care Act, the MC/DD Act, the

Specialized Mental Health Rehabilitation Act of 2013, or the

Child Care Act of 1969, or an entity that holds a permit issued

pursuant to the Life Care Facilities Act. Beginning on July 1,

2022 and until July 1, 2023, the tax shall also be imposed at

the rate of 0% on food for human consumption that is to be

consumed off the premises where it is sold (other than

alcoholic beverages, food consisting of or infused with adult

use cannabis, soft drinks, and food that has been prepared for

immediate consumption and is not otherwise included in this

paragraph).

The tax shall also be imposed at the rate of 1% on

prescription and nonprescription medicines, drugs, medical

appliances, products classified as Class III medical devices

by the United States Food and Drug Administration that are

used for cancer treatment pursuant to a prescription, as well

as any accessories and components related to those devices,

modifications to a motor vehicle for the purpose of rendering

it usable by a person with a disability, and insulin, blood

sugar testing materials, syringes, and needles used by human

diabetics. For the purposes of this Section, until September

1, 2009: the term "soft drinks" means any complete, finished,

ready-to-use, non-alcoholic drink, whether carbonated or not,

including, but not limited to, soda water, cola, fruit juice,

vegetable juice, carbonated water, and all other preparations

commonly known as soft drinks of whatever kind or description

that are contained in any closed or sealed bottle, can,

carton, or container, regardless of size; but "soft drinks"

does not include coffee, tea, non-carbonated water, infant

formula, milk or milk products as defined in the Grade A

Pasteurized Milk and Milk Products Act, or drinks containing

50% or more natural fruit or vegetable juice.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "soft drinks" means non-alcoholic

beverages that contain natural or artificial sweeteners. "Soft

drinks" does do not include beverages that contain milk or

milk products, soy, rice or similar milk substitutes, or

greater than 50% of vegetable or fruit juice by volume.

Until August 1, 2009, and notwithstanding any other

provisions of this Act, "food for human consumption that is to

be consumed off the premises where it is sold" includes all

food sold through a vending machine, except soft drinks and

food products that are dispensed hot from a vending machine,

regardless of the location of the vending machine. Beginning

August 1, 2009, and notwithstanding any other provisions of

this Act, "food for human consumption that is to be consumed

off the premises where it is sold" includes all food sold

through a vending machine, except soft drinks, candy, and food

products that are dispensed hot from a vending machine,

regardless of the location of the vending machine.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "food for human consumption that

is to be consumed off the premises where it is sold" does not

include candy. For purposes of this Section, "candy" means a

preparation of sugar, honey, or other natural or artificial

sweeteners in combination with chocolate, fruits, nuts or

other ingredients or flavorings in the form of bars, drops, or

pieces. "Candy" does not include any preparation that contains

flour or requires refrigeration.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "nonprescription medicines and

drugs" does not include grooming and hygiene products. For

purposes of this Section, "grooming and hygiene products"

includes, but is not limited to, soaps and cleaning solutions,

shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

lotions and screens, unless those products are available by

prescription only, regardless of whether the products meet the

definition of "over-the-counter-drugs". For the purposes of

this paragraph, "over-the-counter-drug" means a drug for human

use that contains a label that identifies the product as a drug

as required by 21 CFR C.F.R. § 201.66. The

"over-the-counter-drug" label includes:

(A) a A "Drug Facts" panel; or

(B) a A statement of the "active ingredient(s)" with a

list of those ingredients contained in the compound,

substance or preparation.

Beginning on January 1, 2014 (the effective date of Public

Act 98-122), "prescription and nonprescription medicines and

drugs" includes medical cannabis purchased from a registered

dispensing organization under the Compassionate Use of Medical

Cannabis Program Act.

As used in this Section, "adult use cannabis" means

cannabis subject to tax under the Cannabis Cultivation

Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

and does not include cannabis subject to tax under the

Compassionate Use of Medical Cannabis Program Act.

If the property that is acquired from a serviceman is

acquired outside Illinois and used outside Illinois before

being brought to Illinois for use here and is taxable under

this Act, the "selling price" on which the tax is computed

shall be reduced by an amount that represents a reasonable

allowance for depreciation for the period of prior

out-of-state use.

(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19;

102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 102-700, Article

20, Section 20-10, eff. 4-19-22; 102-700, Article 60, Section

60-20, eff. 4-19-22; revised 6-1-22.)

Section 205. The Service Occupation Tax Act is amended by

changing Sections 3-5 and 3-10 as follows:

(35 ILCS 115/3-5)

Sec. 3-5. Exemptions. The following tangible personal

property is exempt from the tax imposed by this Act:

(1) Personal property sold by a corporation, society,

association, foundation, institution, or organization, other

than a limited liability company, that is organized and

operated as a not-for-profit service enterprise for the

benefit of persons 65 years of age or older if the personal

property was not purchased by the enterprise for the purpose

of resale by the enterprise.

(2) Personal property purchased by a not-for-profit

Illinois county fair association for use in conducting,

operating, or promoting the county fair.

(3) Personal property purchased by any not-for-profit arts

or cultural organization that establishes, by proof required

by the Department by rule, that it has received an exemption

under Section 501(c)(3) of the Internal Revenue Code and that

is organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or

services. These organizations include, but are not limited to,

music and dramatic arts organizations such as symphony

orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,

and media arts organizations. On and after July 1, 2001 (the

effective date of Public Act 92-35), however, an entity

otherwise eligible for this exemption shall not make tax-free

purchases unless it has an active identification number issued

by the Department.

(4) Legal tender, currency, medallions, or gold or silver

coinage issued by the State of Illinois, the government of the

United States of America, or the government of any foreign

country, and bullion.

(5) Until July 1, 2003 and beginning again on September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both new

and used, and including that manufactured on special order or

purchased for lease, certified by the purchaser to be used

primarily for graphic arts production. Equipment includes

chemicals or chemicals acting as catalysts but only if the

chemicals or chemicals acting as catalysts effect a direct and

immediate change upon a graphic arts product. Beginning on

July 1, 2017, graphic arts machinery and equipment is included

in the manufacturing and assembling machinery and equipment

exemption under Section 2 of this Act.

(6) Personal property sold by a teacher-sponsored student

organization affiliated with an elementary or secondary school

located in Illinois.

(7) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the

purchaser to be used primarily for production agriculture or

State or federal agricultural programs, including individual

replacement parts for the machinery and equipment, including

machinery and equipment purchased for lease, and including

implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural

chemical and fertilizer spreaders, and nurse wagons required

to be registered under Section 3-809 of the Illinois Vehicle

Code, but excluding other motor vehicles required to be

registered under the Illinois Vehicle Code. Horticultural

polyhouses or hoop houses used for propagating, growing, or

overwintering plants shall be considered farm machinery and

equipment under this item (7). Agricultural chemical tender

tanks and dry boxes shall include units sold separately from a

motor vehicle required to be licensed and units sold mounted

on a motor vehicle required to be licensed if the selling price

of the tender is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment including, but not

limited to, tractors, harvesters, sprayers, planters, seeders,

or spreaders. Precision farming equipment includes, but is not

limited to, soil testing sensors, computers, monitors,

software, global positioning and mapping systems, and other

such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in the

computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not limited

to, the collection, monitoring, and correlation of animal and

crop data for the purpose of formulating animal diets and

agricultural chemicals. This item (7) is exempt from the

provisions of Section 3-55.

(8) Until June 30, 2013, fuel and petroleum products sold

to or used by an air common carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a flight

destined for or returning from a location or locations outside

the United States without regard to previous or subsequent

domestic stopovers.

Beginning July 1, 2013, fuel and petroleum products sold

to or used by an air carrier, certified by the carrier to be

used for consumption, shipment, or storage in the conduct of

its business as an air common carrier, for a flight that (i) is

engaged in foreign trade or is engaged in trade between the

United States and any of its possessions and (ii) transports

at least one individual or package for hire from the city of

origination to the city of final destination on the same

aircraft, without regard to a change in the flight number of

that aircraft.

(9) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

food and beverages, to the extent that the proceeds of the

service charge are in fact turned over as tips or as a

substitute for tips to the employees who participate directly

in preparing, serving, hosting or cleaning up the food or

beverage function with respect to which the service charge is

imposed.

(10) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of

rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

pipe and tubular goods, including casing and drill strings,

(iii) pumps and pump-jack units, (iv) storage tanks and flow

lines, (v) any individual replacement part for oil field

exploration, drilling, and production equipment, and (vi)

machinery and equipment purchased for lease; but excluding

motor vehicles required to be registered under the Illinois

Vehicle Code.

(11) Photoprocessing machinery and equipment, including

repair and replacement parts, both new and used, including

that manufactured on special order, certified by the purchaser

to be used primarily for photoprocessing, and including

photoprocessing machinery and equipment purchased for lease.

(12) Until July 1, 2028, coal and aggregate exploration,

mining, off-highway hauling, processing, maintenance, and

reclamation equipment, including replacement parts and

equipment, and including equipment purchased for lease, but

excluding motor vehicles required to be registered under the

Illinois Vehicle Code. The changes made to this Section by

Public Act 97-767 apply on and after July 1, 2003, but no claim

for credit or refund is allowed on or after August 16, 2013

(the effective date of Public Act 98-456) for such taxes paid

during the period beginning July 1, 2003 and ending on August

16, 2013 (the effective date of Public Act 98-456).

(13) Beginning January 1, 1992 and through June 30, 2016,

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

soft drinks and food that has been prepared for immediate

consumption) and prescription and non-prescription medicines,

drugs, medical appliances, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical

assistance under Article V of the Illinois Public Aid Code who

resides in a licensed long-term care facility, as defined in

the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act, the MC/DD Act, or the

Specialized Mental Health Rehabilitation Act of 2013.

(14) Semen used for artificial insemination of livestock

for direct agricultural production.

(15) Horses, or interests in horses, registered with and

meeting the requirements of any of the Arabian Horse Club

Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or

racing for prizes. This item (15) is exempt from the

provisions of Section 3-55, and the exemption provided for

under this item (15) applies for all periods beginning May 30,

1995, but no claim for credit or refund is allowed on or after

January 1, 2008 (the effective date of Public Act 95-88) for

such taxes paid during the period beginning May 30, 2000 and

ending on January 1, 2008 (the effective date of Public Act

95-88).

(16) Computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients sold to a lessor

who leases the equipment, under a lease of one year or longer

executed or in effect at the time of the purchase, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act.

(17) Personal property sold to a lessor who leases the

property, under a lease of one year or longer executed or in

effect at the time of the purchase, to a governmental body that

has been issued an active tax exemption identification number

by the Department under Section 1g of the Retailers'

Occupation Tax Act.

(18) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is donated

for disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a

manufacturer or retailer that is registered in this State to a

corporation, society, association, foundation, or institution

that has been issued a sales tax exemption identification

number by the Department that assists victims of the disaster

who reside within the declared disaster area.

(19) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is used in

the performance of infrastructure repairs in this State,

including but not limited to municipal roads and streets,

access roads, bridges, sidewalks, waste disposal systems,

water and sewer line extensions, water distribution and

purification facilities, storm water drainage and retention

facilities, and sewage treatment facilities, resulting from a

State or federally declared disaster in Illinois or bordering

Illinois when such repairs are initiated on facilities located

in the declared disaster area within 6 months after the

disaster.

(20) Beginning July 1, 1999, game or game birds sold at a

"game breeding and hunting preserve area" as that term is used

in the Wildlife Code. This paragraph is exempt from the

provisions of Section 3-55.

(21) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a

corporation, limited liability company, society, association,

foundation, or institution that is determined by the

Department to be organized and operated exclusively for

educational purposes. For purposes of this exemption, "a

corporation, limited liability company, society, association,

foundation, or institution organized and operated exclusively

for educational purposes" means all tax-supported public

schools, private schools that offer systematic instruction in

useful branches of learning by methods common to public

schools and that compare favorably in their scope and

intensity with the course of study presented in tax-supported

schools, and vocational or technical schools or institutes

organized and operated exclusively to provide a course of

study of not less than 6 weeks duration and designed to prepare

individuals to follow a trade or to pursue a manual,

technical, mechanical, industrial, business, or commercial

occupation.

(22) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for the

benefit of a public or private elementary or secondary school,

a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes

parents and teachers of the school children. This paragraph

does not apply to fundraising events (i) for the benefit of

private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that profits

from the sale to the fundraising entity. This paragraph is

exempt from the provisions of Section 3-55.

(23) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare and

serve hot food and beverages, including coffee, soup, and

other items, and replacement parts for these machines.

Beginning January 1, 2002 and through June 30, 2003, machines

and parts for machines used in commercial, coin-operated

amusement and vending business if a use or occupation tax is

paid on the gross receipts derived from the use of the

commercial, coin-operated amusement and vending machines. This

paragraph is exempt from the provisions of Section 3-55.

(24) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), computers and communications equipment

utilized for any hospital purpose and equipment used in the

diagnosis, analysis, or treatment of hospital patients sold to

a lessor who leases the equipment, under a lease of one year or

longer executed or in effect at the time of the purchase, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. This paragraph is exempt

from the provisions of Section 3-55.

(25) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), personal property sold to a lessor who

leases the property, under a lease of one year or longer

executed or in effect at the time of the purchase, to a

governmental body that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. This paragraph is exempt

from the provisions of Section 3-55.

(26) Beginning on January 1, 2002 and through June 30,

2016, tangible personal property purchased from an Illinois

retailer by a taxpayer engaged in centralized purchasing

activities in Illinois who will, upon receipt of the property

in Illinois, temporarily store the property in Illinois (i)

for the purpose of subsequently transporting it outside this

State for use or consumption thereafter solely outside this

State or (ii) for the purpose of being processed, fabricated,

or manufactured into, attached to, or incorporated into other

tangible personal property to be transported outside this

State and thereafter used or consumed solely outside this

State. The Director of Revenue shall, pursuant to rules

adopted in accordance with the Illinois Administrative

Procedure Act, issue a permit to any taxpayer in good standing

with the Department who is eligible for the exemption under

this paragraph (26). The permit issued under this paragraph

(26) shall authorize the holder, to the extent and in the

manner specified in the rules adopted under this Act, to

purchase tangible personal property from a retailer exempt

from the taxes imposed by this Act. Taxpayers shall maintain

all necessary books and records to substantiate the use and

consumption of all such tangible personal property outside of

the State of Illinois.

(27) Beginning January 1, 2008, tangible personal property

used in the construction or maintenance of a community water

supply, as defined under Section 3.145 of the Environmental

Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued

under Title IV of the Environmental Protection Act. This

paragraph is exempt from the provisions of Section 3-55.

(28) Tangible personal property sold to a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall, but

only if the legal title to the municipal convention hall is

transferred to the municipality without any further

consideration by or on behalf of the municipality at the time

of the completion of the municipal convention hall or upon the

retirement or redemption of any bonds or other debt

instruments issued by the public-facilities corporation in

connection with the development of the municipal convention

hall. This exemption includes existing public-facilities

corporations as provided in Section 11-65-25 of the Illinois

Municipal Code. This paragraph is exempt from the provisions

of Section 3-55.

(29) Beginning January 1, 2010 and continuing through

December 31, 2024, materials, parts, equipment, components,

and furnishings incorporated into or upon an aircraft as part

of the modification, refurbishment, completion, replacement,

repair, or maintenance of the aircraft. This exemption

includes consumable supplies used in the modification,

refurbishment, completion, replacement, repair, and

maintenance of aircraft, but excludes any materials, parts,

equipment, components, and consumable supplies used in the

modification, replacement, repair, and maintenance of aircraft

engines or power plants, whether such engines or power plants

are installed or uninstalled upon any such aircraft.

"Consumable supplies" include, but are not limited to,

adhesive, tape, sandpaper, general purpose lubricants,

cleaning solution, latex gloves, and protective films. This

exemption applies only to the transfer of qualifying tangible

personal property incident to the modification, refurbishment,

completion, replacement, repair, or maintenance of an aircraft

by persons who (i) hold an Air Agency Certificate and are

empowered to operate an approved repair station by the Federal

Aviation Administration, (ii) have a Class IV Rating, and

(iii) conduct operations in accordance with Part 145 of the

Federal Aviation Regulations. The exemption does not include

aircraft operated by a commercial air carrier providing

scheduled passenger air service pursuant to authority issued

under Part 121 or Part 129 of the Federal Aviation

Regulations. The changes made to this paragraph (29) by Public

Act 98-534 are declarative of existing law. It is the intent of

the General Assembly that the exemption under this paragraph

(29) applies continuously from January 1, 2010 through

December 31, 2024; however, no claim for credit or refund is

allowed for taxes paid as a result of the disallowance of this

exemption on or after January 1, 2015 and prior to February 5,

2020 (the effective date of Public Act 101-629) this

amendatory Act of the 101st General Assembly.

(30) Beginning January 1, 2017 and through December 31,

2026, menstrual pads, tampons, and menstrual cups.

(31) Tangible personal property transferred to a purchaser

who is exempt from tax by operation of federal law. This

paragraph is exempt from the provisions of Section 3-55.

(32) Qualified tangible personal property used in the

construction or operation of a data center that has been

granted a certificate of exemption by the Department of

Commerce and Economic Opportunity, whether that tangible

personal property is purchased by the owner, operator, or

tenant of the data center or by a contractor or subcontractor

of the owner, operator, or tenant. Data centers that would

have qualified for a certificate of exemption prior to January

1, 2020 had Public Act 101-31 this amendatory Act of the 101st

General Assembly been in effect, may apply for and obtain an

exemption for subsequent purchases of computer equipment or

enabling software purchased or leased to upgrade, supplement,

or replace computer equipment or enabling software purchased

or leased in the original investment that would have

qualified.

The Department of Commerce and Economic Opportunity shall

grant a certificate of exemption under this item (32) to

qualified data centers as defined by Section 605-1025 of the

Department of Commerce and Economic Opportunity Law of the

Civil Administrative Code of Illinois.

For the purposes of this item (32):

"Data center" means a building or a series of

buildings rehabilitated or constructed to house working

servers in one physical location or multiple sites within

the State of Illinois.

"Qualified tangible personal property" means:

electrical systems and equipment; climate control and

chilling equipment and systems; mechanical systems and

equipment; monitoring and secure systems; emergency

generators; hardware; computers; servers; data storage

devices; network connectivity equipment; racks; cabinets;

telecommunications cabling infrastructure; raised floor

systems; peripheral components or systems; software;

mechanical, electrical, or plumbing systems; battery

systems; cooling systems and towers; temperature control

systems; other cabling; and other data center

infrastructure equipment and systems necessary to operate

qualified tangible personal property, including fixtures;

and component parts of any of the foregoing, including

installation, maintenance, repair, refurbishment, and

replacement of qualified tangible personal property to

generate, transform, transmit, distribute, or manage

electricity necessary to operate qualified tangible

personal property; and all other tangible personal

property that is essential to the operations of a computer

data center. The term "qualified tangible personal

property" also includes building materials physically

incorporated in to the qualifying data center. To document

the exemption allowed under this Section, the retailer

must obtain from the purchaser a copy of the certificate

of eligibility issued by the Department of Commerce and

Economic Opportunity.

This item (32) is exempt from the provisions of Section

3-55.

(33) Beginning July 1, 2022, breast pumps, breast pump

collection and storage supplies, and breast pump kits. This

item (33) is exempt from the provisions of Section 3-55. As

used in this item (33):

"Breast pump" means an electrically controlled or

manually controlled pump device designed or marketed to be

used to express milk from a human breast during lactation,

including the pump device and any battery, AC adapter, or

other power supply unit that is used to power the pump

device and is packaged and sold with the pump device at the

time of sale.

"Breast pump collection and storage supplies" means

items of tangible personal property designed or marketed

to be used in conjunction with a breast pump to collect

milk expressed from a human breast and to store collected

milk until it is ready for consumption.

"Breast pump collection and storage supplies"

includes, but is not limited to: breast shields and breast

shield connectors; breast pump tubes and tubing adapters;

breast pump valves and membranes; backflow protectors and

backflow protector adaptors; bottles and bottle caps

specific to the operation of the breast pump; and breast

milk storage bags.

"Breast pump collection and storage supplies" does not

include: (1) bottles and bottle caps not specific to the

operation of the breast pump; (2) breast pump travel bags

and other similar carrying accessories, including ice

packs, labels, and other similar products; (3) breast pump

cleaning supplies; (4) nursing bras, bra pads, breast

shells, and other similar products; and (5) creams,

ointments, and other similar products that relieve

breastfeeding-related symptoms or conditions of the

breasts or nipples, unless sold as part of a breast pump

kit that is pre-packaged by the breast pump manufacturer

or distributor.

"Breast pump kit" means a kit that: (1) contains no

more than a breast pump, breast pump collection and

storage supplies, a rechargeable battery for operating the

breast pump, a breastmilk cooler, bottle stands, ice

packs, and a breast pump carrying case; and (2) is

pre-packaged as a breast pump kit by the breast pump

manufacturer or distributor.

(34) (33) Tangible personal property sold by or on behalf

of the State Treasurer pursuant to the Revised Uniform

Unclaimed Property Act. This item (34) (33) is exempt from the

provisions of Section 3-55.

(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;

101-629, eff. 2-5-20; 102-16, eff. 6-17-21; 102-700, Article

70, Section 70-15, eff. 4-19-22; 102-700, Article 75, Section

75-15, eff. 4-19-22; 102-1026, eff. 5-27-22; revised 8-9-22.)

(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)

Sec. 3-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of

the "selling price", as defined in Section 2 of the Service Use

Tax Act, of the tangible personal property. For the purpose of

computing this tax, in no event shall the "selling price" be

less than the cost price to the serviceman of the tangible

personal property transferred. The selling price of each item

of tangible personal property transferred as an incident of a

sale of service may be shown as a distinct and separate item on

the serviceman's billing to the service customer. If the

selling price is not so shown, the selling price of the

tangible personal property is deemed to be 50% of the

serviceman's entire billing to the service customer. When,

however, a serviceman contracts to design, develop, and

produce special order machinery or equipment, the tax imposed

by this Act shall be based on the serviceman's cost price of

the tangible personal property transferred incident to the

completion of the contract.

Beginning on July 1, 2000 and through December 31, 2000,

with respect to motor fuel, as defined in Section 1.1 of the

Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

the Use Tax Act, the tax is imposed at the rate of 1.25%.

With respect to gasohol, as defined in the Use Tax Act, the

tax imposed by this Act shall apply to (i) 70% of the cost

price of property transferred as an incident to the sale of

service on or after January 1, 1990, and before July 1, 2003,

(ii) 80% of the selling price of property transferred as an

incident to the sale of service on or after July 1, 2003 and on

or before July 1, 2017, and (iii) 100% of the cost price

thereafter. If, at any time, however, the tax under this Act on

sales of gasohol, as defined in the Use Tax Act, is imposed at

the rate of 1.25%, then the tax imposed by this Act applies to

100% of the proceeds of sales of gasohol made during that time.

With respect to majority blended ethanol fuel, as defined

in the Use Tax Act, the tax imposed by this Act does not apply

to the selling price of property transferred as an incident to

the sale of service on or after July 1, 2003 and on or before

December 31, 2023 but applies to 100% of the selling price

thereafter.

With respect to biodiesel blends, as defined in the Use

Tax Act, with no less than 1% and no more than 10% biodiesel,

the tax imposed by this Act applies to (i) 80% of the selling

price of property transferred as an incident to the sale of

service on or after July 1, 2003 and on or before December 31,

2018 and (ii) 100% of the proceeds of the selling price after

December 31, 2018 and before January 1, 2024. On and after

January 1, 2024 and on or before December 31, 2030, the

taxation of biodiesel, renewable diesel, and biodiesel blends

shall be as provided in Section 3-5.1 of the Use Tax Act. If,

at any time, however, the tax under this Act on sales of

biodiesel blends, as defined in the Use Tax Act, with no less

than 1% and no more than 10% biodiesel is imposed at the rate

of 1.25%, then the tax imposed by this Act applies to 100% of

the proceeds of sales of biodiesel blends with no less than 1%

and no more than 10% biodiesel made during that time.

With respect to biodiesel, as defined in the Use Tax Act,

and biodiesel blends, as defined in the Use Tax Act, with more

than 10% but no more than 99% biodiesel material, the tax

imposed by this Act does not apply to the proceeds of the

selling price of property transferred as an incident to the

sale of service on or after July 1, 2003 and on or before

December 31, 2023. On and after January 1, 2024 and on or

before December 31, 2030, the taxation of biodiesel, renewable

diesel, and biodiesel blends shall be as provided in Section

3-5.1 of the Use Tax Act.

At the election of any registered serviceman made for each

fiscal year, sales of service in which the aggregate annual

cost price of tangible personal property transferred as an

incident to the sales of service is less than 35%, or 75% in

the case of servicemen transferring prescription drugs or

servicemen engaged in graphic arts production, of the

aggregate annual total gross receipts from all sales of

service, the tax imposed by this Act shall be based on the

serviceman's cost price of the tangible personal property

transferred incident to the sale of those services.

Until July 1, 2022 and beginning again on July 1, 2023, the

tax shall be imposed at the rate of 1% on food prepared for

immediate consumption and transferred incident to a sale of

service subject to this Act or the Service Use Tax Act by an

entity licensed under the Hospital Licensing Act, the Nursing

Home Care Act, the Assisted Living and Shared Housing Act, the

ID/DD Community Care Act, the MC/DD Act, the Specialized

Mental Health Rehabilitation Act of 2013, or the Child Care

Act of 1969, or an entity that holds a permit issued pursuant

to the Life Care Facilities Act. Until July 1, 2022 and

beginning again on July 1, 2023, the tax shall also be imposed

at the rate of 1% on food for human consumption that is to be

consumed off the premises where it is sold (other than

alcoholic beverages, food consisting of or infused with adult

use cannabis, soft drinks, and food that has been prepared for

immediate consumption and is not otherwise included in this

paragraph).

Beginning on July 1, 2022 and until July 1, 2023, the tax

shall be imposed at the rate of 0% on food prepared for

immediate consumption and transferred incident to a sale of

service subject to this Act or the Service Use Tax Act by an

entity licensed under the Hospital Licensing Act, the Nursing

Home Care Act, the Assisted Living and Shared Housing Act, the

ID/DD Community Care Act, the MC/DD Act, the Specialized

Mental Health Rehabilitation Act of 2013, or the Child Care

Act of 1969, or an entity that holds a permit issued pursuant

to the Life Care Facilities Act. Beginning July 1, 2022 and

until July 1, 2023, the tax shall also be imposed at the rate

of 0% on food for human consumption that is to be consumed off

the premises where it is sold (other than alcoholic beverages,

food consisting of or infused with adult use cannabis, soft

drinks, and food that has been prepared for immediate

consumption and is not otherwise included in this paragraph).

The tax shall also be imposed at the rate of 1% on

prescription and nonprescription medicines, drugs, medical

appliances, products classified as Class III medical devices

by the United States Food and Drug Administration that are

used for cancer treatment pursuant to a prescription, as well

as any accessories and components related to those devices,

modifications to a motor vehicle for the purpose of rendering

it usable by a person with a disability, and insulin, blood

sugar testing materials, syringes, and needles used by human

diabetics. For the purposes of this Section, until September

1, 2009: the term "soft drinks" means any complete, finished,

ready-to-use, non-alcoholic drink, whether carbonated or not,

including, but not limited to, soda water, cola, fruit juice,

vegetable juice, carbonated water, and all other preparations

commonly known as soft drinks of whatever kind or description

that are contained in any closed or sealed can, carton, or

container, regardless of size; but "soft drinks" does not

include coffee, tea, non-carbonated water, infant formula,

milk or milk products as defined in the Grade A Pasteurized

Milk and Milk Products Act, or drinks containing 50% or more

natural fruit or vegetable juice.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "soft drinks" means non-alcoholic

beverages that contain natural or artificial sweeteners. "Soft

drinks" does do not include beverages that contain milk or

milk products, soy, rice or similar milk substitutes, or

greater than 50% of vegetable or fruit juice by volume.

Until August 1, 2009, and notwithstanding any other

provisions of this Act, "food for human consumption that is to

be consumed off the premises where it is sold" includes all

food sold through a vending machine, except soft drinks and

food products that are dispensed hot from a vending machine,

regardless of the location of the vending machine. Beginning

August 1, 2009, and notwithstanding any other provisions of

this Act, "food for human consumption that is to be consumed

off the premises where it is sold" includes all food sold

through a vending machine, except soft drinks, candy, and food

products that are dispensed hot from a vending machine,

regardless of the location of the vending machine.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "food for human consumption that

is to be consumed off the premises where it is sold" does not

include candy. For purposes of this Section, "candy" means a

preparation of sugar, honey, or other natural or artificial

sweeteners in combination with chocolate, fruits, nuts or

other ingredients or flavorings in the form of bars, drops, or

pieces. "Candy" does not include any preparation that contains

flour or requires refrigeration.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "nonprescription medicines and

drugs" does not include grooming and hygiene products. For

purposes of this Section, "grooming and hygiene products"

includes, but is not limited to, soaps and cleaning solutions,

shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

lotions and screens, unless those products are available by

prescription only, regardless of whether the products meet the

definition of "over-the-counter-drugs". For the purposes of

this paragraph, "over-the-counter-drug" means a drug for human

use that contains a label that identifies the product as a drug

as required by 21 CFR C.F.R. § 201.66. The

"over-the-counter-drug" label includes:

(A) a A "Drug Facts" panel; or

(B) a A statement of the "active ingredient(s)" with a

list of those ingredients contained in the compound,

substance or preparation.

Beginning on January 1, 2014 (the effective date of Public

Act 98-122), "prescription and nonprescription medicines and

drugs" includes medical cannabis purchased from a registered

dispensing organization under the Compassionate Use of Medical

Cannabis Program Act.

As used in this Section, "adult use cannabis" means

cannabis subject to tax under the Cannabis Cultivation

Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

and does not include cannabis subject to tax under the

Compassionate Use of Medical Cannabis Program Act.

(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19;

102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 102-700, Article

20, Section 20-15, eff. 4-19-22; 102-700, Article 60, Section

60-25, eff. 4-19-22; revised 6-1-22.)

Section 210. The Retailers' Occupation Tax Act is amended

by changing Sections 2-5, 2-10, and 3 as follows:

(35 ILCS 120/2-5)

Sec. 2-5. Exemptions. Gross receipts from proceeds from

the sale of the following tangible personal property are

exempt from the tax imposed by this Act:

(1) Farm chemicals.

(2) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by

the purchaser to be used primarily for production

agriculture or State or federal agricultural programs,

including individual replacement parts for the machinery

and equipment, including machinery and equipment purchased

for lease, and including implements of husbandry defined

in Section 1-130 of the Illinois Vehicle Code, farm

machinery and agricultural chemical and fertilizer

spreaders, and nurse wagons required to be registered

under Section 3-809 of the Illinois Vehicle Code, but

excluding other motor vehicles required to be registered

under the Illinois Vehicle Code. Horticultural polyhouses

or hoop houses used for propagating, growing, or

overwintering plants shall be considered farm machinery

and equipment under this item (2). Agricultural chemical

tender tanks and dry boxes shall include units sold

separately from a motor vehicle required to be licensed

and units sold mounted on a motor vehicle required to be

licensed, if the selling price of the tender is separately

stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment including, but

not limited to, tractors, harvesters, sprayers, planters,

seeders, or spreaders. Precision farming equipment

includes, but is not limited to, soil testing sensors,

computers, monitors, software, global positioning and

mapping systems, and other such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in

the computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not

limited to, the collection, monitoring, and correlation of

animal and crop data for the purpose of formulating animal

diets and agricultural chemicals. This item (2) is exempt

from the provisions of Section 2-70.

(3) Until July 1, 2003, distillation machinery and

equipment, sold as a unit or kit, assembled or installed

by the retailer, certified by the user to be used only for

the production of ethyl alcohol that will be used for

consumption as motor fuel or as a component of motor fuel

for the personal use of the user, and not subject to sale

or resale.

(4) Until July 1, 2003 and beginning again September

1, 2004 through August 30, 2014, graphic arts machinery

and equipment, including repair and replacement parts,

both new and used, and including that manufactured on

special order or purchased for lease, certified by the

purchaser to be used primarily for graphic arts

production. Equipment includes chemicals or chemicals

acting as catalysts but only if the chemicals or chemicals

acting as catalysts effect a direct and immediate change

upon a graphic arts product. Beginning on July 1, 2017,

graphic arts machinery and equipment is included in the

manufacturing and assembling machinery and equipment

exemption under paragraph (14).

(5) A motor vehicle that is used for automobile

renting, as defined in the Automobile Renting Occupation

and Use Tax Act. This paragraph is exempt from the

provisions of Section 2-70.

(6) Personal property sold by a teacher-sponsored

student organization affiliated with an elementary or

secondary school located in Illinois.

(7) Until July 1, 2003, proceeds of that portion of

the selling price of a passenger car the sale of which is

subject to the Replacement Vehicle Tax.

(8) Personal property sold to an Illinois county fair

association for use in conducting, operating, or promoting

the county fair.

(9) Personal property sold to a not-for-profit arts or

cultural organization that establishes, by proof required

by the Department by rule, that it has received an

exemption under Section 501(c)(3) of the Internal Revenue

Code and that is organized and operated primarily for the

presentation or support of arts or cultural programming,

activities, or services. These organizations include, but

are not limited to, music and dramatic arts organizations

such as symphony orchestras and theatrical groups, arts

and cultural service organizations, local arts councils,

visual arts organizations, and media arts organizations.

On and after July 1, 2001 (the effective date of Public Act

92-35), however, an entity otherwise eligible for this

exemption shall not make tax-free purchases unless it has

an active identification number issued by the Department.

(10) Personal property sold by a corporation, society,

association, foundation, institution, or organization,

other than a limited liability company, that is organized

and operated as a not-for-profit service enterprise for

the benefit of persons 65 years of age or older if the

personal property was not purchased by the enterprise for

the purpose of resale by the enterprise.

(11) Personal property sold to a governmental body, to

a corporation, society, association, foundation, or

institution organized and operated exclusively for

charitable, religious, or educational purposes, or to a

not-for-profit corporation, society, association,

foundation, institution, or organization that has no

compensated officers or employees and that is organized

and operated primarily for the recreation of persons 55

years of age or older. A limited liability company may

qualify for the exemption under this paragraph only if the

limited liability company is organized and operated

exclusively for educational purposes. On and after July 1,

1987, however, no entity otherwise eligible for this

exemption shall make tax-free purchases unless it has an

active identification number issued by the Department.

(12) (Blank).

(12-5) On and after July 1, 2003 and through June 30,

2004, motor vehicles of the second division with a gross

vehicle weight in excess of 8,000 pounds that are subject

to the commercial distribution fee imposed under Section

3-815.1 of the Illinois Vehicle Code. Beginning on July 1,

2004 and through June 30, 2005, the use in this State of

motor vehicles of the second division: (i) with a gross

vehicle weight rating in excess of 8,000 pounds; (ii) that

are subject to the commercial distribution fee imposed

under Section 3-815.1 of the Illinois Vehicle Code; and

(iii) that are primarily used for commercial purposes.

Through June 30, 2005, this exemption applies to repair

and replacement parts added after the initial purchase of

such a motor vehicle if that motor vehicle is used in a

manner that would qualify for the rolling stock exemption

otherwise provided for in this Act. For purposes of this

paragraph, "used for commercial purposes" means the

transportation of persons or property in furtherance of

any commercial or industrial enterprise whether for-hire

or not.

(13) Proceeds from sales to owners, lessors, or

shippers of tangible personal property that is utilized by

interstate carriers for hire for use as rolling stock

moving in interstate commerce and equipment operated by a

telecommunications provider, licensed as a common carrier

by the Federal Communications Commission, which is

permanently installed in or affixed to aircraft moving in

interstate commerce.

(14) Machinery and equipment that will be used by the

purchaser, or a lessee of the purchaser, primarily in the

process of manufacturing or assembling tangible personal

property for wholesale or retail sale or lease, whether

the sale or lease is made directly by the manufacturer or

by some other person, whether the materials used in the

process are owned by the manufacturer or some other

person, or whether the sale or lease is made apart from or

as an incident to the seller's engaging in the service

occupation of producing machines, tools, dies, jigs,

patterns, gauges, or other similar items of no commercial

value on special order for a particular purchaser. The

exemption provided by this paragraph (14) does not include

machinery and equipment used in (i) the generation of

electricity for wholesale or retail sale; (ii) the

generation or treatment of natural or artificial gas for

wholesale or retail sale that is delivered to customers

through pipes, pipelines, or mains; or (iii) the treatment

of water for wholesale or retail sale that is delivered to

customers through pipes, pipelines, or mains. The

provisions of Public Act 98-583 are declaratory of

existing law as to the meaning and scope of this

exemption. Beginning on July 1, 2017, the exemption

provided by this paragraph (14) includes, but is not

limited to, graphic arts machinery and equipment, as

defined in paragraph (4) of this Section.

(15) Proceeds of mandatory service charges separately

stated on customers' bills for purchase and consumption of

food and beverages, to the extent that the proceeds of the

service charge are in fact turned over as tips or as a

substitute for tips to the employees who participate

directly in preparing, serving, hosting or cleaning up the

food or beverage function with respect to which the

service charge is imposed.

(16) Tangible personal property sold to a purchaser if

the purchaser is exempt from use tax by operation of

federal law. This paragraph is exempt from the provisions

of Section 2-70.

(17) Tangible personal property sold to a common

carrier by rail or motor that receives the physical

possession of the property in Illinois and that transports

the property, or shares with another common carrier in the

transportation of the property, out of Illinois on a

standard uniform bill of lading showing the seller of the

property as the shipper or consignor of the property to a

destination outside Illinois, for use outside Illinois.

(18) Legal tender, currency, medallions, or gold or

silver coinage issued by the State of Illinois, the

government of the United States of America, or the

government of any foreign country, and bullion.

(19) Until July 1, 2003, oil field exploration,

drilling, and production equipment, including (i) rigs and

parts of rigs, rotary rigs, cable tool rigs, and workover

rigs, (ii) pipe and tubular goods, including casing and

drill strings, (iii) pumps and pump-jack units, (iv)

storage tanks and flow lines, (v) any individual

replacement part for oil field exploration, drilling, and

production equipment, and (vi) machinery and equipment

purchased for lease; but excluding motor vehicles required

to be registered under the Illinois Vehicle Code.

(20) Photoprocessing machinery and equipment,

including repair and replacement parts, both new and used,

including that manufactured on special order, certified by

the purchaser to be used primarily for photoprocessing,

and including photoprocessing machinery and equipment

purchased for lease.

(21) Until July 1, 2028, coal and aggregate

exploration, mining, off-highway hauling, processing,

maintenance, and reclamation equipment, including

replacement parts and equipment, and including equipment

purchased for lease, but excluding motor vehicles required

to be registered under the Illinois Vehicle Code. The

changes made to this Section by Public Act 97-767 apply on

and after July 1, 2003, but no claim for credit or refund

is allowed on or after August 16, 2013 (the effective date

of Public Act 98-456) for such taxes paid during the

period beginning July 1, 2003 and ending on August 16,

2013 (the effective date of Public Act 98-456).

(22) Until June 30, 2013, fuel and petroleum products

sold to or used by an air carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a

flight destined for or returning from a location or

locations outside the United States without regard to

previous or subsequent domestic stopovers.

Beginning July 1, 2013, fuel and petroleum products

sold to or used by an air carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a

flight that (i) is engaged in foreign trade or is engaged

in trade between the United States and any of its

possessions and (ii) transports at least one individual or

package for hire from the city of origination to the city

of final destination on the same aircraft, without regard

to a change in the flight number of that aircraft.

(23) A transaction in which the purchase order is

received by a florist who is located outside Illinois, but

who has a florist located in Illinois deliver the property

to the purchaser or the purchaser's donee in Illinois.

(24) Fuel consumed or used in the operation of ships,

barges, or vessels that are used primarily in or for the

transportation of property or the conveyance of persons

for hire on rivers bordering on this State if the fuel is

delivered by the seller to the purchaser's barge, ship, or

vessel while it is afloat upon that bordering river.

(25) Except as provided in item (25-5) of this

Section, a motor vehicle sold in this State to a

nonresident even though the motor vehicle is delivered to

the nonresident in this State, if the motor vehicle is not

to be titled in this State, and if a drive-away permit is

issued to the motor vehicle as provided in Section 3-603

of the Illinois Vehicle Code or if the nonresident

purchaser has vehicle registration plates to transfer to

the motor vehicle upon returning to his or her home state.

The issuance of the drive-away permit or having the

out-of-state registration plates to be transferred is

prima facie evidence that the motor vehicle will not be

titled in this State.

(25-5) The exemption under item (25) does not apply if

the state in which the motor vehicle will be titled does

not allow a reciprocal exemption for a motor vehicle sold

and delivered in that state to an Illinois resident but

titled in Illinois. The tax collected under this Act on

the sale of a motor vehicle in this State to a resident of

another state that does not allow a reciprocal exemption

shall be imposed at a rate equal to the state's rate of tax

on taxable property in the state in which the purchaser is

a resident, except that the tax shall not exceed the tax

that would otherwise be imposed under this Act. At the

time of the sale, the purchaser shall execute a statement,

signed under penalty of perjury, of his or her intent to

title the vehicle in the state in which the purchaser is a

resident within 30 days after the sale and of the fact of

the payment to the State of Illinois of tax in an amount

equivalent to the state's rate of tax on taxable property

in his or her state of residence and shall submit the

statement to the appropriate tax collection agency in his

or her state of residence. In addition, the retailer must

retain a signed copy of the statement in his or her

records. Nothing in this item shall be construed to

require the removal of the vehicle from this state

following the filing of an intent to title the vehicle in

the purchaser's state of residence if the purchaser titles

the vehicle in his or her state of residence within 30 days

after the date of sale. The tax collected under this Act in

accordance with this item (25-5) shall be proportionately

distributed as if the tax were collected at the 6.25%

general rate imposed under this Act.

(25-7) Beginning on July 1, 2007, no tax is imposed

under this Act on the sale of an aircraft, as defined in

Section 3 of the Illinois Aeronautics Act, if all of the

following conditions are met:

(1) the aircraft leaves this State within 15 days

after the later of either the issuance of the final

billing for the sale of the aircraft, or the

authorized approval for return to service, completion

of the maintenance record entry, and completion of the

test flight and ground test for inspection, as

required by 14 CFR C.F.R. 91.407;

(2) the aircraft is not based or registered in

this State after the sale of the aircraft; and

(3) the seller retains in his or her books and

records and provides to the Department a signed and

dated certification from the purchaser, on a form

prescribed by the Department, certifying that the

requirements of this item (25-7) are met. The

certificate must also include the name and address of

the purchaser, the address of the location where the

aircraft is to be titled or registered, the address of

the primary physical location of the aircraft, and

other information that the Department may reasonably

require.

For purposes of this item (25-7):

"Based in this State" means hangared, stored, or

otherwise used, excluding post-sale customizations as

defined in this Section, for 10 or more days in each

12-month period immediately following the date of the sale

of the aircraft.

"Registered in this State" means an aircraft

registered with the Department of Transportation,

Aeronautics Division, or titled or registered with the

Federal Aviation Administration to an address located in

this State.

This paragraph (25-7) is exempt from the provisions of

Section 2-70.

(26) Semen used for artificial insemination of

livestock for direct agricultural production.

(27) Horses, or interests in horses, registered with

and meeting the requirements of any of the Arabian Horse

Club Registry of America, Appaloosa Horse Club, American

Quarter Horse Association, United States Trotting

Association, or Jockey Club, as appropriate, used for

purposes of breeding or racing for prizes. This item (27)

is exempt from the provisions of Section 2-70, and the

exemption provided for under this item (27) applies for

all periods beginning May 30, 1995, but no claim for

credit or refund is allowed on or after January 1, 2008

(the effective date of Public Act 95-88) for such taxes

paid during the period beginning May 30, 2000 and ending

on January 1, 2008 (the effective date of Public Act

95-88).

(28) Computers and communications equipment utilized

for any hospital purpose and equipment used in the

diagnosis, analysis, or treatment of hospital patients

sold to a lessor who leases the equipment, under a lease of

one year or longer executed or in effect at the time of the

purchase, to a hospital that has been issued an active tax

exemption identification number by the Department under

Section 1g of this Act.

(29) Personal property sold to a lessor who leases the

property, under a lease of one year or longer executed or

in effect at the time of the purchase, to a governmental

body that has been issued an active tax exemption

identification number by the Department under Section 1g

of this Act.

(30) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on

or before December 31, 2004, personal property that is

donated for disaster relief to be used in a State or

federally declared disaster area in Illinois or bordering

Illinois by a manufacturer or retailer that is registered

in this State to a corporation, society, association,

foundation, or institution that has been issued a sales

tax exemption identification number by the Department that

assists victims of the disaster who reside within the

declared disaster area.

(31) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on

or before December 31, 2004, personal property that is

used in the performance of infrastructure repairs in this

State, including but not limited to municipal roads and

streets, access roads, bridges, sidewalks, waste disposal

systems, water and sewer line extensions, water

distribution and purification facilities, storm water

drainage and retention facilities, and sewage treatment

facilities, resulting from a State or federally declared

disaster in Illinois or bordering Illinois when such

repairs are initiated on facilities located in the

declared disaster area within 6 months after the disaster.

(32) Beginning July 1, 1999, game or game birds sold

at a "game breeding and hunting preserve area" as that

term is used in the Wildlife Code. This paragraph is

exempt from the provisions of Section 2-70.

(33) A motor vehicle, as that term is defined in

Section 1-146 of the Illinois Vehicle Code, that is

donated to a corporation, limited liability company,

society, association, foundation, or institution that is

determined by the Department to be organized and operated

exclusively for educational purposes. For purposes of this

exemption, "a corporation, limited liability company,

society, association, foundation, or institution organized

and operated exclusively for educational purposes" means

all tax-supported public schools, private schools that

offer systematic instruction in useful branches of

learning by methods common to public schools and that

compare favorably in their scope and intensity with the

course of study presented in tax-supported schools, and

vocational or technical schools or institutes organized

and operated exclusively to provide a course of study of

not less than 6 weeks duration and designed to prepare

individuals to follow a trade or to pursue a manual,

technical, mechanical, industrial, business, or commercial

occupation.

(34) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for

the benefit of a public or private elementary or secondary

school, a group of those schools, or one or more school

districts if the events are sponsored by an entity

recognized by the school district that consists primarily

of volunteers and includes parents and teachers of the

school children. This paragraph does not apply to

fundraising events (i) for the benefit of private home

instruction or (ii) for which the fundraising entity

purchases the personal property sold at the events from

another individual or entity that sold the property for

the purpose of resale by the fundraising entity and that

profits from the sale to the fundraising entity. This

paragraph is exempt from the provisions of Section 2-70.

(35) Beginning January 1, 2000 and through December

31, 2001, new or used automatic vending machines that

prepare and serve hot food and beverages, including

coffee, soup, and other items, and replacement parts for

these machines. Beginning January 1, 2002 and through June

30, 2003, machines and parts for machines used in

commercial, coin-operated amusement and vending business

if a use or occupation tax is paid on the gross receipts

derived from the use of the commercial, coin-operated

amusement and vending machines. This paragraph is exempt

from the provisions of Section 2-70.

(35-5) Beginning August 23, 2001 and through June 30,

2016, food for human consumption that is to be consumed

off the premises where it is sold (other than alcoholic

beverages, soft drinks, and food that has been prepared

for immediate consumption) and prescription and

nonprescription medicines, drugs, medical appliances, and

insulin, urine testing materials, syringes, and needles

used by diabetics, for human use, when purchased for use

by a person receiving medical assistance under Article V

of the Illinois Public Aid Code who resides in a licensed

long-term care facility, as defined in the Nursing Home

Care Act, or a licensed facility as defined in the ID/DD

Community Care Act, the MC/DD Act, or the Specialized

Mental Health Rehabilitation Act of 2013.

(36) Beginning August 2, 2001, computers and

communications equipment utilized for any hospital purpose

and equipment used in the diagnosis, analysis, or

treatment of hospital patients sold to a lessor who leases

the equipment, under a lease of one year or longer

executed or in effect at the time of the purchase, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g

of this Act. This paragraph is exempt from the provisions

of Section 2-70.

(37) Beginning August 2, 2001, personal property sold

to a lessor who leases the property, under a lease of one

year or longer executed or in effect at the time of the

purchase, to a governmental body that has been issued an

active tax exemption identification number by the

Department under Section 1g of this Act. This paragraph is

exempt from the provisions of Section 2-70.

(38) Beginning on January 1, 2002 and through June 30,

2016, tangible personal property purchased from an

Illinois retailer by a taxpayer engaged in centralized

purchasing activities in Illinois who will, upon receipt

of the property in Illinois, temporarily store the

property in Illinois (i) for the purpose of subsequently

transporting it outside this State for use or consumption

thereafter solely outside this State or (ii) for the

purpose of being processed, fabricated, or manufactured

into, attached to, or incorporated into other tangible

personal property to be transported outside this State and

thereafter used or consumed solely outside this State. The

Director of Revenue shall, pursuant to rules adopted in

accordance with the Illinois Administrative Procedure Act,

issue a permit to any taxpayer in good standing with the

Department who is eligible for the exemption under this

paragraph (38). The permit issued under this paragraph

(38) shall authorize the holder, to the extent and in the

manner specified in the rules adopted under this Act, to

purchase tangible personal property from a retailer exempt

from the taxes imposed by this Act. Taxpayers shall

maintain all necessary books and records to substantiate

the use and consumption of all such tangible personal

property outside of the State of Illinois.

(39) Beginning January 1, 2008, tangible personal

property used in the construction or maintenance of a

community water supply, as defined under Section 3.145 of

the Environmental Protection Act, that is operated by a

not-for-profit corporation that holds a valid water supply

permit issued under Title IV of the Environmental

Protection Act. This paragraph is exempt from the

provisions of Section 2-70.

(40) Beginning January 1, 2010 and continuing through

December 31, 2024, materials, parts, equipment,

components, and furnishings incorporated into or upon an

aircraft as part of the modification, refurbishment,

completion, replacement, repair, or maintenance of the

aircraft. This exemption includes consumable supplies used

in the modification, refurbishment, completion,

replacement, repair, and maintenance of aircraft, but

excludes any materials, parts, equipment, components, and

consumable supplies used in the modification, replacement,

repair, and maintenance of aircraft engines or power

plants, whether such engines or power plants are installed

or uninstalled upon any such aircraft. "Consumable

supplies" include, but are not limited to, adhesive, tape,

sandpaper, general purpose lubricants, cleaning solution,

latex gloves, and protective films. This exemption applies

only to the sale of qualifying tangible personal property

to persons who modify, refurbish, complete, replace, or

maintain an aircraft and who (i) hold an Air Agency

Certificate and are empowered to operate an approved

repair station by the Federal Aviation Administration,

(ii) have a Class IV Rating, and (iii) conduct operations

in accordance with Part 145 of the Federal Aviation

Regulations. The exemption does not include aircraft

operated by a commercial air carrier providing scheduled

passenger air service pursuant to authority issued under

Part 121 or Part 129 of the Federal Aviation Regulations.

The changes made to this paragraph (40) by Public Act

98-534 are declarative of existing law. It is the intent

of the General Assembly that the exemption under this

paragraph (40) applies continuously from January 1, 2010

through December 31, 2024; however, no claim for credit or

refund is allowed for taxes paid as a result of the

disallowance of this exemption on or after January 1, 2015

and prior to February 5, 2020 (the effective date of

Public Act 101-629) this amendatory Act of the 101st

General Assembly.

(41) Tangible personal property sold to a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall,

but only if the legal title to the municipal convention

hall is transferred to the municipality without any

further consideration by or on behalf of the municipality

at the time of the completion of the municipal convention

hall or upon the retirement or redemption of any bonds or

other debt instruments issued by the public-facilities

corporation in connection with the development of the

municipal convention hall. This exemption includes

existing public-facilities corporations as provided in

Section 11-65-25 of the Illinois Municipal Code. This

paragraph is exempt from the provisions of Section 2-70.

(42) Beginning January 1, 2017 and through December

31, 2026, menstrual pads, tampons, and menstrual cups.

(43) Merchandise that is subject to the Rental

Purchase Agreement Occupation and Use Tax. The purchaser

must certify that the item is purchased to be rented

subject to a rental purchase agreement, as defined in the

Rental Purchase Agreement Act, and provide proof of

registration under the Rental Purchase Agreement

Occupation and Use Tax Act. This paragraph is exempt from

the provisions of Section 2-70.

(44) Qualified tangible personal property used in the

construction or operation of a data center that has been

granted a certificate of exemption by the Department of

Commerce and Economic Opportunity, whether that tangible

personal property is purchased by the owner, operator, or

tenant of the data center or by a contractor or

subcontractor of the owner, operator, or tenant. Data

centers that would have qualified for a certificate of

exemption prior to January 1, 2020 had Public Act 101-31

this amendatory Act of the 101st General Assembly been in

effect, may apply for and obtain an exemption for

subsequent purchases of computer equipment or enabling

software purchased or leased to upgrade, supplement, or

replace computer equipment or enabling software purchased

or leased in the original investment that would have

qualified.

The Department of Commerce and Economic Opportunity

shall grant a certificate of exemption under this item

(44) to qualified data centers as defined by Section

605-1025 of the Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of

Illinois.

For the purposes of this item (44):

"Data center" means a building or a series of

buildings rehabilitated or constructed to house

working servers in one physical location or multiple

sites within the State of Illinois.

"Qualified tangible personal property" means:

electrical systems and equipment; climate control and

chilling equipment and systems; mechanical systems and

equipment; monitoring and secure systems; emergency

generators; hardware; computers; servers; data storage

devices; network connectivity equipment; racks;

cabinets; telecommunications cabling infrastructure;

raised floor systems; peripheral components or

systems; software; mechanical, electrical, or plumbing

systems; battery systems; cooling systems and towers;

temperature control systems; other cabling; and other

data center infrastructure equipment and systems

necessary to operate qualified tangible personal

property, including fixtures; and component parts of

any of the foregoing, including installation,

maintenance, repair, refurbishment, and replacement of

qualified tangible personal property to generate,

transform, transmit, distribute, or manage electricity

necessary to operate qualified tangible personal

property; and all other tangible personal property

that is essential to the operations of a computer data

center. The term "qualified tangible personal

property" also includes building materials physically

incorporated into the qualifying data center. To

document the exemption allowed under this Section, the

retailer must obtain from the purchaser a copy of the

certificate of eligibility issued by the Department of

Commerce and Economic Opportunity.

This item (44) is exempt from the provisions of

Section 2-70.

(45) Beginning January 1, 2020 and through December

31, 2020, sales of tangible personal property made by a

marketplace seller over a marketplace for which tax is due

under this Act but for which use tax has been collected and

remitted to the Department by a marketplace facilitator

under Section 2d of the Use Tax Act are exempt from tax

under this Act. A marketplace seller claiming this

exemption shall maintain books and records demonstrating

that the use tax on such sales has been collected and

remitted by a marketplace facilitator. Marketplace sellers

that have properly remitted tax under this Act on such

sales may file a claim for credit as provided in Section 6

of this Act. No claim is allowed, however, for such taxes

for which a credit or refund has been issued to the

marketplace facilitator under the Use Tax Act, or for

which the marketplace facilitator has filed a claim for

credit or refund under the Use Tax Act.

(46) Beginning July 1, 2022, breast pumps, breast pump

collection and storage supplies, and breast pump kits.

This item (46) is exempt from the provisions of Section

2-70. As used in this item (46):

"Breast pump" means an electrically controlled or

manually controlled pump device designed or marketed to be

used to express milk from a human breast during lactation,

including the pump device and any battery, AC adapter, or

other power supply unit that is used to power the pump

device and is packaged and sold with the pump device at the

time of sale.

"Breast pump collection and storage supplies" means

items of tangible personal property designed or marketed

to be used in conjunction with a breast pump to collect

milk expressed from a human breast and to store collected

milk until it is ready for consumption.

"Breast pump collection and storage supplies"

includes, but is not limited to: breast shields and breast

shield connectors; breast pump tubes and tubing adapters;

breast pump valves and membranes; backflow protectors and

backflow protector adaptors; bottles and bottle caps

specific to the operation of the breast pump; and breast

milk storage bags.

"Breast pump collection and storage supplies" does not

include: (1) bottles and bottle caps not specific to the

operation of the breast pump; (2) breast pump travel bags

and other similar carrying accessories, including ice

packs, labels, and other similar products; (3) breast pump

cleaning supplies; (4) nursing bras, bra pads, breast

shells, and other similar products; and (5) creams,

ointments, and other similar products that relieve

breastfeeding-related symptoms or conditions of the

breasts or nipples, unless sold as part of a breast pump

kit that is pre-packaged by the breast pump manufacturer

or distributor.

"Breast pump kit" means a kit that: (1) contains no

more than a breast pump, breast pump collection and

storage supplies, a rechargeable battery for operating the

breast pump, a breastmilk cooler, bottle stands, ice

packs, and a breast pump carrying case; and (2) is

pre-packaged as a breast pump kit by the breast pump

manufacturer or distributor.

(47) (46) Tangible personal property sold by or on

behalf of the State Treasurer pursuant to the Revised

Uniform Unclaimed Property Act. This item (47) (46) is

exempt from the provisions of Section 2-70.

(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;

101-629, eff. 2-5-20; 102-16, eff. 6-17-21; 102-634, eff.

8-27-21; 102-700, Article 70, Section 70-20, eff. 4-19-22;

102-700, Article 75, Section 75-20, eff. 4-19-22; 102-813,

eff. 5-13-22; 102-1026, eff. 5-27-22; revised 8-15-22.)

(35 ILCS 120/2-10)

Sec. 2-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of

gross receipts from sales of tangible personal property made

in the course of business.

Beginning on July 1, 2000 and through December 31, 2000,

with respect to motor fuel, as defined in Section 1.1 of the

Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

the Use Tax Act, the tax is imposed at the rate of 1.25%.

Beginning on August 6, 2010 through August 15, 2010, and

beginning again on August 5, 2022 through August 14, 2022,

with respect to sales tax holiday items as defined in Section

2-8 of this Act, the tax is imposed at the rate of 1.25%.

Within 14 days after July 1, 2000 (the effective date of

Public Act 91-872) this amendatory Act of the 91st General

Assembly, each retailer of motor fuel and gasohol shall cause

the following notice to be posted in a prominently visible

place on each retail dispensing device that is used to

dispense motor fuel or gasohol in the State of Illinois: "As of

July 1, 2000, the State of Illinois has eliminated the State's

share of sales tax on motor fuel and gasohol through December

31, 2000. The price on this pump should reflect the

elimination of the tax." The notice shall be printed in bold

print on a sign that is no smaller than 4 inches by 8 inches.

The sign shall be clearly visible to customers. Any retailer

who fails to post or maintain a required sign through December

31, 2000 is guilty of a petty offense for which the fine shall

be $500 per day per each retail premises where a violation

occurs.

With respect to gasohol, as defined in the Use Tax Act, the

tax imposed by this Act applies to (i) 70% of the proceeds of

sales made on or after January 1, 1990, and before July 1,

2003, (ii) 80% of the proceeds of sales made on or after July

1, 2003 and on or before July 1, 2017, and (iii) 100% of the

proceeds of sales made thereafter. If, at any time, however,

the tax under this Act on sales of gasohol, as defined in the

Use Tax Act, is imposed at the rate of 1.25%, then the tax

imposed by this Act applies to 100% of the proceeds of sales of

gasohol made during that time.

With respect to majority blended ethanol fuel, as defined

in the Use Tax Act, the tax imposed by this Act does not apply

to the proceeds of sales made on or after July 1, 2003 and on

or before December 31, 2023 but applies to 100% of the proceeds

of sales made thereafter.

With respect to biodiesel blends, as defined in the Use

Tax Act, with no less than 1% and no more than 10% biodiesel,

the tax imposed by this Act applies to (i) 80% of the proceeds

of sales made on or after July 1, 2003 and on or before

December 31, 2018 and (ii) 100% of the proceeds of sales made

after December 31, 2018 and before January 1, 2024. On and

after January 1, 2024 and on or before December 31, 2030, the

taxation of biodiesel, renewable diesel, and biodiesel blends

shall be as provided in Section 3-5.1 of the Use Tax Act. If,

at any time, however, the tax under this Act on sales of

biodiesel blends, as defined in the Use Tax Act, with no less

than 1% and no more than 10% biodiesel is imposed at the rate

of 1.25%, then the tax imposed by this Act applies to 100% of

the proceeds of sales of biodiesel blends with no less than 1%

and no more than 10% biodiesel made during that time.

With respect to biodiesel, as defined in the Use Tax Act,

and biodiesel blends, as defined in the Use Tax Act, with more

than 10% but no more than 99% biodiesel, the tax imposed by

this Act does not apply to the proceeds of sales made on or

after July 1, 2003 and on or before December 31, 2023. On and

after January 1, 2024 and on or before December 31, 2030, the

taxation of biodiesel, renewable diesel, and biodiesel blends

shall be as provided in Section 3-5.1 of the Use Tax Act.

Until July 1, 2022 and beginning again on July 1, 2023,

with respect to food for human consumption that is to be

consumed off the premises where it is sold (other than

alcoholic beverages, food consisting of or infused with adult

use cannabis, soft drinks, and food that has been prepared for

immediate consumption), the tax is imposed at the rate of 1%.

Beginning July 1, 2022 and until July 1, 2023, with respect to

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

food consisting of or infused with adult use cannabis, soft

drinks, and food that has been prepared for immediate

consumption), the tax is imposed at the rate of 0%.

With respect to prescription and nonprescription

medicines, drugs, medical appliances, products classified as

Class III medical devices by the United States Food and Drug

Administration that are used for cancer treatment pursuant to

a prescription, as well as any accessories and components

related to those devices, modifications to a motor vehicle for

the purpose of rendering it usable by a person with a

disability, and insulin, blood sugar testing materials,

syringes, and needles used by human diabetics, the tax is

imposed at the rate of 1%. For the purposes of this Section,

until September 1, 2009: the term "soft drinks" means any

complete, finished, ready-to-use, non-alcoholic drink, whether

carbonated or not, including, but not limited to, soda water,

cola, fruit juice, vegetable juice, carbonated water, and all

other preparations commonly known as soft drinks of whatever

kind or description that are contained in any closed or sealed

bottle, can, carton, or container, regardless of size; but

"soft drinks" does not include coffee, tea, non-carbonated

water, infant formula, milk or milk products as defined in the

Grade A Pasteurized Milk and Milk Products Act, or drinks

containing 50% or more natural fruit or vegetable juice.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "soft drinks" means non-alcoholic

beverages that contain natural or artificial sweeteners. "Soft

drinks" does do not include beverages that contain milk or

milk products, soy, rice or similar milk substitutes, or

greater than 50% of vegetable or fruit juice by volume.

Until August 1, 2009, and notwithstanding any other

provisions of this Act, "food for human consumption that is to

be consumed off the premises where it is sold" includes all

food sold through a vending machine, except soft drinks and

food products that are dispensed hot from a vending machine,

regardless of the location of the vending machine. Beginning

August 1, 2009, and notwithstanding any other provisions of

this Act, "food for human consumption that is to be consumed

off the premises where it is sold" includes all food sold

through a vending machine, except soft drinks, candy, and food

products that are dispensed hot from a vending machine,

regardless of the location of the vending machine.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "food for human consumption that

is to be consumed off the premises where it is sold" does not

include candy. For purposes of this Section, "candy" means a

preparation of sugar, honey, or other natural or artificial

sweeteners in combination with chocolate, fruits, nuts or

other ingredients or flavorings in the form of bars, drops, or

pieces. "Candy" does not include any preparation that contains

flour or requires refrigeration.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "nonprescription medicines and

drugs" does not include grooming and hygiene products. For

purposes of this Section, "grooming and hygiene products"

includes, but is not limited to, soaps and cleaning solutions,

shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

lotions and screens, unless those products are available by

prescription only, regardless of whether the products meet the

definition of "over-the-counter-drugs". For the purposes of

this paragraph, "over-the-counter-drug" means a drug for human

use that contains a label that identifies the product as a drug

as required by 21 CFR C.F.R. § 201.66. The

"over-the-counter-drug" label includes:

(A) a A "Drug Facts" panel; or

(B) a A statement of the "active ingredient(s)" with a

list of those ingredients contained in the compound,

substance or preparation.

Beginning on January 1, 2014 (the effective date of Public

Act 98-122) this amendatory Act of the 98th General Assembly,

"prescription and nonprescription medicines and drugs"

includes medical cannabis purchased from a registered

dispensing organization under the Compassionate Use of Medical

Cannabis Program Act.

As used in this Section, "adult use cannabis" means

cannabis subject to tax under the Cannabis Cultivation

Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

and does not include cannabis subject to tax under the

Compassionate Use of Medical Cannabis Program Act.

(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19;

102-4, eff. 4-27-21; 102-700, Article 20, Section 20-20, eff.

4-19-22; 102-700, Article 60, Section 60-30, eff. 4-19-22;

102-700, Article 65, Section 65-10, eff. 4-19-22; revised

6-1-22.)

(35 ILCS 120/3) (from Ch. 120, par. 442)

Sec. 3. Except as provided in this Section, on or before

the twentieth day of each calendar month, every person engaged

in the business of selling tangible personal property at

retail in this State during the preceding calendar month shall

file a return with the Department, stating:

1. The name of the seller;

2. His residence address and the address of his

principal place of business and the address of the

principal place of business (if that is a different

address) from which he engages in the business of selling

tangible personal property at retail in this State;

3. Total amount of receipts received by him during the

preceding calendar month or quarter, as the case may be,

from sales of tangible personal property, and from

services furnished, by him during such preceding calendar

month or quarter;

4. Total amount received by him during the preceding

calendar month or quarter on charge and time sales of

tangible personal property, and from services furnished,

by him prior to the month or quarter for which the return

is filed;

5. Deductions allowed by law;

6. Gross receipts which were received by him during

the preceding calendar month or quarter and upon the basis

of which the tax is imposed, including gross receipts on

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

food consisting of or infused with adult use cannabis,

soft drinks, and food that has been prepared for immediate

consumption) which were received during the preceding

calendar month or quarter and upon which tax would have

been due but for the 0% rate imposed under Public Act

102-700 this amendatory Act of the 102nd General Assembly;

7. The amount of credit provided in Section 2d of this

Act;

8. The amount of tax due, including the amount of tax

that would have been due on food for human consumption

that is to be consumed off the premises where it is sold

(other than alcoholic beverages, food consisting of or

infused with adult use cannabis, soft drinks, and food

that has been prepared for immediate consumption) but for

the 0% rate imposed under Public Act 102-700 this

amendatory Act of the 102nd General Assembly;

9. The signature of the taxpayer; and

10. Such other reasonable information as the

Department may require.

On and after January 1, 2018, except for returns required

to be filed prior to January 1, 2023 for motor vehicles,

watercraft, aircraft, and trailers that are required to be

registered with an agency of this State, with respect to

retailers whose annual gross receipts average $20,000 or more,

all returns required to be filed pursuant to this Act shall be

filed electronically. On and after January 1, 2023, with

respect to retailers whose annual gross receipts average

$20,000 or more, all returns required to be filed pursuant to

this Act, including, but not limited to, returns for motor

vehicles, watercraft, aircraft, and trailers that are required

to be registered with an agency of this State, shall be filed

electronically. Retailers who demonstrate that they do not

have access to the Internet or demonstrate hardship in filing

electronically may petition the Department to waive the

electronic filing requirement.

If a taxpayer fails to sign a return within 30 days after

the proper notice and demand for signature by the Department,

the return shall be considered valid and any amount shown to be

due on the return shall be deemed assessed.

Each return shall be accompanied by the statement of

prepaid tax issued pursuant to Section 2e for which credit is

claimed.

Prior to October 1, 2003, and on and after September 1,

2004 a retailer may accept a Manufacturer's Purchase Credit

certification from a purchaser in satisfaction of Use Tax as

provided in Section 3-85 of the Use Tax Act if the purchaser

provides the appropriate documentation as required by Section

3-85 of the Use Tax Act. A Manufacturer's Purchase Credit

certification, accepted by a retailer prior to October 1, 2003

and on and after September 1, 2004 as provided in Section 3-85

of the Use Tax Act, may be used by that retailer to satisfy

Retailers' Occupation Tax liability in the amount claimed in

the certification, not to exceed 6.25% of the receipts subject

to tax from a qualifying purchase. A Manufacturer's Purchase

Credit reported on any original or amended return filed under

this Act after October 20, 2003 for reporting periods prior to

September 1, 2004 shall be disallowed. Manufacturer's Purchase

Credit reported on annual returns due on or after January 1,

2005 will be disallowed for periods prior to September 1,

2004. No Manufacturer's Purchase Credit may be used after

September 30, 2003 through August 31, 2004 to satisfy any tax

liability imposed under this Act, including any audit

liability.

The Department may require returns to be filed on a

quarterly basis. If so required, a return for each calendar

quarter shall be filed on or before the twentieth day of the

calendar month following the end of such calendar quarter. The

taxpayer shall also file a return with the Department for each

of the first two months of each calendar quarter, on or before

the twentieth day of the following calendar month, stating:

1. The name of the seller;

2. The address of the principal place of business from

which he engages in the business of selling tangible

personal property at retail in this State;

3. The total amount of taxable receipts received by

him during the preceding calendar month from sales of

tangible personal property by him during such preceding

calendar month, including receipts from charge and time

sales, but less all deductions allowed by law;

4. The amount of credit provided in Section 2d of this

Act;

5. The amount of tax due; and

6. Such other reasonable information as the Department

may require.

Every person engaged in the business of selling aviation

fuel at retail in this State during the preceding calendar

month shall, instead of reporting and paying tax as otherwise

required by this Section, report and pay such tax on a separate

aviation fuel tax return. The requirements related to the

return shall be as otherwise provided in this Section.

Notwithstanding any other provisions of this Act to the

contrary, retailers selling aviation fuel shall file all

aviation fuel tax returns and shall make all aviation fuel tax

payments by electronic means in the manner and form required

by the Department. For purposes of this Section, "aviation

fuel" means jet fuel and aviation gasoline.

Beginning on October 1, 2003, any person who is not a

licensed distributor, importing distributor, or manufacturer,

as defined in the Liquor Control Act of 1934, but is engaged in

the business of selling, at retail, alcoholic liquor shall

file a statement with the Department of Revenue, in a format

and at a time prescribed by the Department, showing the total

amount paid for alcoholic liquor purchased during the

preceding month and such other information as is reasonably

required by the Department. The Department may adopt rules to

require that this statement be filed in an electronic or

telephonic format. Such rules may provide for exceptions from

the filing requirements of this paragraph. For the purposes of

this paragraph, the term "alcoholic liquor" shall have the

meaning prescribed in the Liquor Control Act of 1934.

Beginning on October 1, 2003, every distributor, importing

distributor, and manufacturer of alcoholic liquor as defined

in the Liquor Control Act of 1934, shall file a statement with

the Department of Revenue, no later than the 10th day of the

month for the preceding month during which transactions

occurred, by electronic means, showing the total amount of

gross receipts from the sale of alcoholic liquor sold or

distributed during the preceding month to purchasers;

identifying the purchaser to whom it was sold or distributed;

the purchaser's tax registration number; and such other

information reasonably required by the Department. A

distributor, importing distributor, or manufacturer of

alcoholic liquor must personally deliver, mail, or provide by

electronic means to each retailer listed on the monthly

statement a report containing a cumulative total of that

distributor's, importing distributor's, or manufacturer's

total sales of alcoholic liquor to that retailer no later than

the 10th day of the month for the preceding month during which

the transaction occurred. The distributor, importing

distributor, or manufacturer shall notify the retailer as to

the method by which the distributor, importing distributor, or

manufacturer will provide the sales information. If the

retailer is unable to receive the sales information by

electronic means, the distributor, importing distributor, or

manufacturer shall furnish the sales information by personal

delivery or by mail. For purposes of this paragraph, the term

"electronic means" includes, but is not limited to, the use of

a secure Internet website, e-mail, or facsimile.

If a total amount of less than $1 is payable, refundable or

creditable, such amount shall be disregarded if it is less

than 50 cents and shall be increased to $1 if it is 50 cents or

more.

Notwithstanding any other provision of this Act to the

contrary, retailers subject to tax on cannabis shall file all

cannabis tax returns and shall make all cannabis tax payments

by electronic means in the manner and form required by the

Department.

Beginning October 1, 1993, a taxpayer who has an average

monthly tax liability of $150,000 or more shall make all

payments required by rules of the Department by electronic

funds transfer. Beginning October 1, 1994, a taxpayer who has

an average monthly tax liability of $100,000 or more shall

make all payments required by rules of the Department by

electronic funds transfer. Beginning October 1, 1995, a

taxpayer who has an average monthly tax liability of $50,000

or more shall make all payments required by rules of the

Department by electronic funds transfer. Beginning October 1,

2000, a taxpayer who has an annual tax liability of $200,000 or

more shall make all payments required by rules of the

Department by electronic funds transfer. The term "annual tax

liability" shall be the sum of the taxpayer's liabilities

under this Act, and under all other State and local occupation

and use tax laws administered by the Department, for the

immediately preceding calendar year. The term "average monthly

tax liability" shall be the sum of the taxpayer's liabilities

under this Act, and under all other State and local occupation

and use tax laws administered by the Department, for the

immediately preceding calendar year divided by 12. Beginning

on October 1, 2002, a taxpayer who has a tax liability in the

amount set forth in subsection (b) of Section 2505-210 of the

Department of Revenue Law shall make all payments required by

rules of the Department by electronic funds transfer.

Before August 1 of each year beginning in 1993, the

Department shall notify all taxpayers required to make

payments by electronic funds transfer. All taxpayers required

to make payments by electronic funds transfer shall make those

payments for a minimum of one year beginning on October 1.

Any taxpayer not required to make payments by electronic

funds transfer may make payments by electronic funds transfer

with the permission of the Department.

All taxpayers required to make payment by electronic funds

transfer and any taxpayers authorized to voluntarily make

payments by electronic funds transfer shall make those

payments in the manner authorized by the Department.

The Department shall adopt such rules as are necessary to

effectuate a program of electronic funds transfer and the

requirements of this Section.

Any amount which is required to be shown or reported on any

return or other document under this Act shall, if such amount

is not a whole-dollar amount, be increased to the nearest

whole-dollar amount in any case where the fractional part of a

dollar is 50 cents or more, and decreased to the nearest

whole-dollar amount where the fractional part of a dollar is

less than 50 cents.

If the retailer is otherwise required to file a monthly

return and if the retailer's average monthly tax liability to

the Department does not exceed $200, the Department may

authorize his returns to be filed on a quarter annual basis,

with the return for January, February and March of a given year

being due by April 20 of such year; with the return for April,

May and June of a given year being due by July 20 of such year;

with the return for July, August and September of a given year

being due by October 20 of such year, and with the return for

October, November and December of a given year being due by

January 20 of the following year.

If the retailer is otherwise required to file a monthly or

quarterly return and if the retailer's average monthly tax

liability with the Department does not exceed $50, the

Department may authorize his returns to be filed on an annual

basis, with the return for a given year being due by January 20

of the following year.

Such quarter annual and annual returns, as to form and

substance, shall be subject to the same requirements as

monthly returns.

Notwithstanding any other provision in this Act concerning

the time within which a retailer may file his return, in the

case of any retailer who ceases to engage in a kind of business

which makes him responsible for filing returns under this Act,

such retailer shall file a final return under this Act with the

Department not more than one month after discontinuing such

business.

Where the same person has more than one business

registered with the Department under separate registrations

under this Act, such person may not file each return that is

due as a single return covering all such registered

businesses, but shall file separate returns for each such

registered business.

In addition, with respect to motor vehicles, watercraft,

aircraft, and trailers that are required to be registered with

an agency of this State, except as otherwise provided in this

Section, every retailer selling this kind of tangible personal

property shall file, with the Department, upon a form to be

prescribed and supplied by the Department, a separate return

for each such item of tangible personal property which the

retailer sells, except that if, in the same transaction, (i) a

retailer of aircraft, watercraft, motor vehicles or trailers

transfers more than one aircraft, watercraft, motor vehicle or

trailer to another aircraft, watercraft, motor vehicle

retailer or trailer retailer for the purpose of resale or (ii)

a retailer of aircraft, watercraft, motor vehicles, or

trailers transfers more than one aircraft, watercraft, motor

vehicle, or trailer to a purchaser for use as a qualifying

rolling stock as provided in Section 2-5 of this Act, then that

seller may report the transfer of all aircraft, watercraft,

motor vehicles or trailers involved in that transaction to the

Department on the same uniform invoice-transaction reporting

return form. For purposes of this Section, "watercraft" means

a Class 2, Class 3, or Class 4 watercraft as defined in Section

3-2 of the Boat Registration and Safety Act, a personal

watercraft, or any boat equipped with an inboard motor.

In addition, with respect to motor vehicles, watercraft,

aircraft, and trailers that are required to be registered with

an agency of this State, every person who is engaged in the

business of leasing or renting such items and who, in

connection with such business, sells any such item to a

retailer for the purpose of resale is, notwithstanding any

other provision of this Section to the contrary, authorized to

meet the return-filing requirement of this Act by reporting

the transfer of all the aircraft, watercraft, motor vehicles,

or trailers transferred for resale during a month to the

Department on the same uniform invoice-transaction reporting

return form on or before the 20th of the month following the

month in which the transfer takes place. Notwithstanding any

other provision of this Act to the contrary, all returns filed

under this paragraph must be filed by electronic means in the

manner and form as required by the Department.

Any retailer who sells only motor vehicles, watercraft,

aircraft, or trailers that are required to be registered with

an agency of this State, so that all retailers' occupation tax

liability is required to be reported, and is reported, on such

transaction reporting returns and who is not otherwise

required to file monthly or quarterly returns, need not file

monthly or quarterly returns. However, those retailers shall

be required to file returns on an annual basis.

The transaction reporting return, in the case of motor

vehicles or trailers that are required to be registered with

an agency of this State, shall be the same document as the

Uniform Invoice referred to in Section 5-402 of the Illinois

Vehicle Code and must show the name and address of the seller;

the name and address of the purchaser; the amount of the

selling price including the amount allowed by the retailer for

traded-in property, if any; the amount allowed by the retailer

for the traded-in tangible personal property, if any, to the

extent to which Section 1 of this Act allows an exemption for

the value of traded-in property; the balance payable after

deducting such trade-in allowance from the total selling

price; the amount of tax due from the retailer with respect to

such transaction; the amount of tax collected from the

purchaser by the retailer on such transaction (or satisfactory

evidence that such tax is not due in that particular instance,

if that is claimed to be the fact); the place and date of the

sale; a sufficient identification of the property sold; such

other information as is required in Section 5-402 of the

Illinois Vehicle Code, and such other information as the

Department may reasonably require.

The transaction reporting return in the case of watercraft

or aircraft must show the name and address of the seller; the

name and address of the purchaser; the amount of the selling

price including the amount allowed by the retailer for

traded-in property, if any; the amount allowed by the retailer

for the traded-in tangible personal property, if any, to the

extent to which Section 1 of this Act allows an exemption for

the value of traded-in property; the balance payable after

deducting such trade-in allowance from the total selling

price; the amount of tax due from the retailer with respect to

such transaction; the amount of tax collected from the

purchaser by the retailer on such transaction (or satisfactory

evidence that such tax is not due in that particular instance,

if that is claimed to be the fact); the place and date of the

sale, a sufficient identification of the property sold, and

such other information as the Department may reasonably

require.

Such transaction reporting return shall be filed not later

than 20 days after the day of delivery of the item that is

being sold, but may be filed by the retailer at any time sooner

than that if he chooses to do so. The transaction reporting

return and tax remittance or proof of exemption from the

Illinois use tax may be transmitted to the Department by way of

the State agency with which, or State officer with whom the

tangible personal property must be titled or registered (if

titling or registration is required) if the Department and

such agency or State officer determine that this procedure

will expedite the processing of applications for title or

registration.

With each such transaction reporting return, the retailer

shall remit the proper amount of tax due (or shall submit

satisfactory evidence that the sale is not taxable if that is

the case), to the Department or its agents, whereupon the

Department shall issue, in the purchaser's name, a use tax

receipt (or a certificate of exemption if the Department is

satisfied that the particular sale is tax exempt) which such

purchaser may submit to the agency with which, or State

officer with whom, he must title or register the tangible

personal property that is involved (if titling or registration

is required) in support of such purchaser's application for an

Illinois certificate or other evidence of title or

registration to such tangible personal property.

No retailer's failure or refusal to remit tax under this

Act precludes a user, who has paid the proper tax to the

retailer, from obtaining his certificate of title or other

evidence of title or registration (if titling or registration

is required) upon satisfying the Department that such user has

paid the proper tax (if tax is due) to the retailer. The

Department shall adopt appropriate rules to carry out the

mandate of this paragraph.

If the user who would otherwise pay tax to the retailer

wants the transaction reporting return filed and the payment

of the tax or proof of exemption made to the Department before

the retailer is willing to take these actions and such user has

not paid the tax to the retailer, such user may certify to the

fact of such delay by the retailer and may (upon the Department

being satisfied of the truth of such certification) transmit

the information required by the transaction reporting return

and the remittance for tax or proof of exemption directly to

the Department and obtain his tax receipt or exemption

determination, in which event the transaction reporting return

and tax remittance (if a tax payment was required) shall be

credited by the Department to the proper retailer's account

with the Department, but without the 2.1% or 1.75% discount

provided for in this Section being allowed. When the user pays

the tax directly to the Department, he shall pay the tax in the

same amount and in the same form in which it would be remitted

if the tax had been remitted to the Department by the retailer.

Refunds made by the seller during the preceding return

period to purchasers, on account of tangible personal property

returned to the seller, shall be allowed as a deduction under

subdivision 5 of his monthly or quarterly return, as the case

may be, in case the seller had theretofore included the

receipts from the sale of such tangible personal property in a

return filed by him and had paid the tax imposed by this Act

with respect to such receipts.

Where the seller is a corporation, the return filed on

behalf of such corporation shall be signed by the president,

vice-president, secretary or treasurer or by the properly

accredited agent of such corporation.

Where the seller is a limited liability company, the

return filed on behalf of the limited liability company shall

be signed by a manager, member, or properly accredited agent

of the limited liability company.

Except as provided in this Section, the retailer filing

the return under this Section shall, at the time of filing such

return, pay to the Department the amount of tax imposed by this

Act less a discount of 2.1% prior to January 1, 1990 and 1.75%

on and after January 1, 1990, or $5 per calendar year,

whichever is greater, which is allowed to reimburse the

retailer for the expenses incurred in keeping records,

preparing and filing returns, remitting the tax and supplying

data to the Department on request. On and after January 1,

2021, a certified service provider, as defined in the Leveling

the Playing Field for Illinois Retail Act, filing the return

under this Section on behalf of a remote retailer shall, at the

time of such return, pay to the Department the amount of tax

imposed by this Act less a discount of 1.75%. A remote retailer

using a certified service provider to file a return on its

behalf, as provided in the Leveling the Playing Field for

Illinois Retail Act, is not eligible for the discount. When

determining the discount allowed under this Section, retailers

shall include the amount of tax that would have been due at the

1% rate but for the 0% rate imposed under Public Act 102-700

this amendatory Act of the 102nd General Assembly. When

determining the discount allowed under this Section, retailers

shall include the amount of tax that would have been due at the

6.25% rate but for the 1.25% rate imposed on sales tax holiday

items under Public Act 102-700 this amendatory Act of the

102nd General Assembly. The discount under this Section is not

allowed for the 1.25% portion of taxes paid on aviation fuel

that is subject to the revenue use requirements of 49 U.S.C.

47107(b) and 49 U.S.C. 47133. Any prepayment made pursuant to

Section 2d of this Act shall be included in the amount on which

such 2.1% or 1.75% discount is computed. In the case of

retailers who report and pay the tax on a transaction by

transaction basis, as provided in this Section, such discount

shall be taken with each such tax remittance instead of when

such retailer files his periodic return. The discount allowed

under this Section is allowed only for returns that are filed

in the manner required by this Act. The Department may

disallow the discount for retailers whose certificate of

registration is revoked at the time the return is filed, but

only if the Department's decision to revoke the certificate of

registration has become final.

Before October 1, 2000, if the taxpayer's average monthly

tax liability to the Department under this Act, the Use Tax

Act, the Service Occupation Tax Act, and the Service Use Tax

Act, excluding any liability for prepaid sales tax to be

remitted in accordance with Section 2d of this Act, was

$10,000 or more during the preceding 4 complete calendar

quarters, he shall file a return with the Department each

month by the 20th day of the month next following the month

during which such tax liability is incurred and shall make

payments to the Department on or before the 7th, 15th, 22nd and

last day of the month during which such liability is incurred.

On and after October 1, 2000, if the taxpayer's average

monthly tax liability to the Department under this Act, the

Use Tax Act, the Service Occupation Tax Act, and the Service

Use Tax Act, excluding any liability for prepaid sales tax to

be remitted in accordance with Section 2d of this Act, was

$20,000 or more during the preceding 4 complete calendar

quarters, he shall file a return with the Department each

month by the 20th day of the month next following the month

during which such tax liability is incurred and shall make

payment to the Department on or before the 7th, 15th, 22nd and

last day of the month during which such liability is incurred.

If the month during which such tax liability is incurred began

prior to January 1, 1985, each payment shall be in an amount

equal to 1/4 of the taxpayer's actual liability for the month

or an amount set by the Department not to exceed 1/4 of the

average monthly liability of the taxpayer to the Department

for the preceding 4 complete calendar quarters (excluding the

month of highest liability and the month of lowest liability

in such 4 quarter period). If the month during which such tax

liability is incurred begins on or after January 1, 1985 and

prior to January 1, 1987, each payment shall be in an amount

equal to 22.5% of the taxpayer's actual liability for the

month or 27.5% of the taxpayer's liability for the same

calendar month of the preceding year. If the month during

which such tax liability is incurred begins on or after

January 1, 1987 and prior to January 1, 1988, each payment

shall be in an amount equal to 22.5% of the taxpayer's actual

liability for the month or 26.25% of the taxpayer's liability

for the same calendar month of the preceding year. If the month

during which such tax liability is incurred begins on or after

January 1, 1988, and prior to January 1, 1989, or begins on or

after January 1, 1996, each payment shall be in an amount equal

to 22.5% of the taxpayer's actual liability for the month or

25% of the taxpayer's liability for the same calendar month of

the preceding year. If the month during which such tax

liability is incurred begins on or after January 1, 1989, and

prior to January 1, 1996, each payment shall be in an amount

equal to 22.5% of the taxpayer's actual liability for the

month or 25% of the taxpayer's liability for the same calendar

month of the preceding year or 100% of the taxpayer's actual

liability for the quarter monthly reporting period. The amount

of such quarter monthly payments shall be credited against the

final tax liability of the taxpayer's return for that month.

Before October 1, 2000, once applicable, the requirement of

the making of quarter monthly payments to the Department by

taxpayers having an average monthly tax liability of $10,000

or more as determined in the manner provided above shall

continue until such taxpayer's average monthly liability to

the Department during the preceding 4 complete calendar

quarters (excluding the month of highest liability and the

month of lowest liability) is less than $9,000, or until such

taxpayer's average monthly liability to the Department as

computed for each calendar quarter of the 4 preceding complete

calendar quarter period is less than $10,000. However, if a

taxpayer can show the Department that a substantial change in

the taxpayer's business has occurred which causes the taxpayer

to anticipate that his average monthly tax liability for the

reasonably foreseeable future will fall below the $10,000

threshold stated above, then such taxpayer may petition the

Department for a change in such taxpayer's reporting status.

On and after October 1, 2000, once applicable, the requirement

of the making of quarter monthly payments to the Department by

taxpayers having an average monthly tax liability of $20,000

or more as determined in the manner provided above shall

continue until such taxpayer's average monthly liability to

the Department during the preceding 4 complete calendar

quarters (excluding the month of highest liability and the

month of lowest liability) is less than $19,000 or until such

taxpayer's average monthly liability to the Department as

computed for each calendar quarter of the 4 preceding complete

calendar quarter period is less than $20,000. However, if a

taxpayer can show the Department that a substantial change in

the taxpayer's business has occurred which causes the taxpayer

to anticipate that his average monthly tax liability for the

reasonably foreseeable future will fall below the $20,000

threshold stated above, then such taxpayer may petition the

Department for a change in such taxpayer's reporting status.

The Department shall change such taxpayer's reporting status

unless it finds that such change is seasonal in nature and not

likely to be long term. Quarter monthly payment status shall

be determined under this paragraph as if the rate reduction to

0% in Public Act 102-700 this amendatory Act of the 102nd

General Assembly on food for human consumption that is to be

consumed off the premises where it is sold (other than

alcoholic beverages, food consisting of or infused with adult

use cannabis, soft drinks, and food that has been prepared for

immediate consumption) had not occurred. For quarter monthly

payments due under this paragraph on or after July 1, 2023 and

through June 30, 2024, "25% of the taxpayer's liability for

the same calendar month of the preceding year" shall be

determined as if the rate reduction to 0% in Public Act 102-700

this amendatory Act of the 102nd General Assembly had not

occurred. Quarter monthly payment status shall be determined

under this paragraph as if the rate reduction to 1.25% in

Public Act 102-700 this amendatory Act of the 102nd General

Assembly on sales tax holiday items had not occurred. For

quarter monthly payments due on or after July 1, 2023 and

through June 30, 2024, "25% of the taxpayer's liability for

the same calendar month of the preceding year" shall be

determined as if the rate reduction to 1.25% in Public Act

102-700 this amendatory Act of the 102nd General Assembly on

sales tax holiday items had not occurred. If any such quarter

monthly payment is not paid at the time or in the amount

required by this Section, then the taxpayer shall be liable

for penalties and interest on the difference between the

minimum amount due as a payment and the amount of such quarter

monthly payment actually and timely paid, except insofar as

the taxpayer has previously made payments for that month to

the Department in excess of the minimum payments previously

due as provided in this Section. The Department shall make

reasonable rules and regulations to govern the quarter monthly

payment amount and quarter monthly payment dates for taxpayers

who file on other than a calendar monthly basis.

The provisions of this paragraph apply before October 1,

2001. Without regard to whether a taxpayer is required to make

quarter monthly payments as specified above, any taxpayer who

is required by Section 2d of this Act to collect and remit

prepaid taxes and has collected prepaid taxes which average in

excess of $25,000 per month during the preceding 2 complete

calendar quarters, shall file a return with the Department as

required by Section 2f and shall make payments to the

Department on or before the 7th, 15th, 22nd and last day of the

month during which such liability is incurred. If the month

during which such tax liability is incurred began prior to

September 1, 1985 (the effective date of Public Act 84-221),

each payment shall be in an amount not less than 22.5% of the

taxpayer's actual liability under Section 2d. If the month

during which such tax liability is incurred begins on or after

January 1, 1986, each payment shall be in an amount equal to

22.5% of the taxpayer's actual liability for the month or

27.5% of the taxpayer's liability for the same calendar month

of the preceding calendar year. If the month during which such

tax liability is incurred begins on or after January 1, 1987,

each payment shall be in an amount equal to 22.5% of the

taxpayer's actual liability for the month or 26.25% of the

taxpayer's liability for the same calendar month of the

preceding year. The amount of such quarter monthly payments

shall be credited against the final tax liability of the

taxpayer's return for that month filed under this Section or

Section 2f, as the case may be. Once applicable, the

requirement of the making of quarter monthly payments to the

Department pursuant to this paragraph shall continue until

such taxpayer's average monthly prepaid tax collections during

the preceding 2 complete calendar quarters is $25,000 or less.

If any such quarter monthly payment is not paid at the time or

in the amount required, the taxpayer shall be liable for

penalties and interest on such difference, except insofar as

the taxpayer has previously made payments for that month in

excess of the minimum payments previously due.

The provisions of this paragraph apply on and after

October 1, 2001. Without regard to whether a taxpayer is

required to make quarter monthly payments as specified above,

any taxpayer who is required by Section 2d of this Act to

collect and remit prepaid taxes and has collected prepaid

taxes that average in excess of $20,000 per month during the

preceding 4 complete calendar quarters shall file a return

with the Department as required by Section 2f and shall make

payments to the Department on or before the 7th, 15th, 22nd and

last day of the month during which the liability is incurred.

Each payment shall be in an amount equal to 22.5% of the

taxpayer's actual liability for the month or 25% of the

taxpayer's liability for the same calendar month of the

preceding year. The amount of the quarter monthly payments

shall be credited against the final tax liability of the

taxpayer's return for that month filed under this Section or

Section 2f, as the case may be. Once applicable, the

requirement of the making of quarter monthly payments to the

Department pursuant to this paragraph shall continue until the

taxpayer's average monthly prepaid tax collections during the

preceding 4 complete calendar quarters (excluding the month of

highest liability and the month of lowest liability) is less

than $19,000 or until such taxpayer's average monthly

liability to the Department as computed for each calendar

quarter of the 4 preceding complete calendar quarters is less

than $20,000. If any such quarter monthly payment is not paid

at the time or in the amount required, the taxpayer shall be

liable for penalties and interest on such difference, except

insofar as the taxpayer has previously made payments for that

month in excess of the minimum payments previously due.

If any payment provided for in this Section exceeds the

taxpayer's liabilities under this Act, the Use Tax Act, the

Service Occupation Tax Act and the Service Use Tax Act, as

shown on an original monthly return, the Department shall, if

requested by the taxpayer, issue to the taxpayer a credit

memorandum no later than 30 days after the date of payment. The

credit evidenced by such credit memorandum may be assigned by

the taxpayer to a similar taxpayer under this Act, the Use Tax

Act, the Service Occupation Tax Act or the Service Use Tax Act,

in accordance with reasonable rules and regulations to be

prescribed by the Department. If no such request is made, the

taxpayer may credit such excess payment against tax liability

subsequently to be remitted to the Department under this Act,

the Use Tax Act, the Service Occupation Tax Act or the Service

Use Tax Act, in accordance with reasonable rules and

regulations prescribed by the Department. If the Department

subsequently determined that all or any part of the credit

taken was not actually due to the taxpayer, the taxpayer's

2.1% and 1.75% vendor's discount shall be reduced by 2.1% or

1.75% of the difference between the credit taken and that

actually due, and that taxpayer shall be liable for penalties

and interest on such difference.

If a retailer of motor fuel is entitled to a credit under

Section 2d of this Act which exceeds the taxpayer's liability

to the Department under this Act for the month for which the

taxpayer is filing a return, the Department shall issue the

taxpayer a credit memorandum for the excess.

Beginning January 1, 1990, each month the Department shall

pay into the Local Government Tax Fund, a special fund in the

State treasury which is hereby created, the net revenue

realized for the preceding month from the 1% tax imposed under

this Act.

Beginning January 1, 1990, each month the Department shall

pay into the County and Mass Transit District Fund, a special

fund in the State treasury which is hereby created, 4% of the

net revenue realized for the preceding month from the 6.25%

general rate other than aviation fuel sold on or after

December 1, 2019. This exception for aviation fuel only

applies for so long as the revenue use requirements of 49

U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

Beginning August 1, 2000, each month the Department shall

pay into the County and Mass Transit District Fund 20% of the

net revenue realized for the preceding month from the 1.25%

rate on the selling price of motor fuel and gasohol. If, in any

month, the tax on sales tax holiday items, as defined in

Section 2-8, is imposed at the rate of 1.25%, then the

Department shall pay 20% of the net revenue realized for that

month from the 1.25% rate on the selling price of sales tax

holiday items into the County and Mass Transit District Fund.

Beginning January 1, 1990, each month the Department shall

pay into the Local Government Tax Fund 16% of the net revenue

realized for the preceding month from the 6.25% general rate

on the selling price of tangible personal property other than

aviation fuel sold on or after December 1, 2019. This

exception for aviation fuel only applies for so long as the

revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

47133 are binding on the State.

For aviation fuel sold on or after December 1, 2019, each

month the Department shall pay into the State Aviation Program

Fund 20% of the net revenue realized for the preceding month

from the 6.25% general rate on the selling price of aviation

fuel, less an amount estimated by the Department to be

required for refunds of the 20% portion of the tax on aviation

fuel under this Act, which amount shall be deposited into the

Aviation Fuel Sales Tax Refund Fund. The Department shall only

pay moneys into the State Aviation Program Fund and the

Aviation Fuel Sales Tax Refund Fund under this Act for so long

as the revenue use requirements of 49 U.S.C. 47107(b) and 49

U.S.C. 47133 are binding on the State.

Beginning August 1, 2000, each month the Department shall

pay into the Local Government Tax Fund 80% of the net revenue

realized for the preceding month from the 1.25% rate on the

selling price of motor fuel and gasohol. If, in any month, the

tax on sales tax holiday items, as defined in Section 2-8, is

imposed at the rate of 1.25%, then the Department shall pay 80%

of the net revenue realized for that month from the 1.25% rate

on the selling price of sales tax holiday items into the Local

Government Tax Fund.

Beginning October 1, 2009, each month the Department shall

pay into the Capital Projects Fund an amount that is equal to

an amount estimated by the Department to represent 80% of the

net revenue realized for the preceding month from the sale of

candy, grooming and hygiene products, and soft drinks that had

been taxed at a rate of 1% prior to September 1, 2009 but that

are now taxed at 6.25%.

Beginning July 1, 2011, each month the Department shall

pay into the Clean Air Act Permit Fund 80% of the net revenue

realized for the preceding month from the 6.25% general rate

on the selling price of sorbents used in Illinois in the

process of sorbent injection as used to comply with the

Environmental Protection Act or the federal Clean Air Act, but

the total payment into the Clean Air Act Permit Fund under this

Act and the Use Tax Act shall not exceed $2,000,000 in any

fiscal year.

Beginning July 1, 2013, each month the Department shall

pay into the Underground Storage Tank Fund from the proceeds

collected under this Act, the Use Tax Act, the Service Use Tax

Act, and the Service Occupation Tax Act an amount equal to the

average monthly deficit in the Underground Storage Tank Fund

during the prior year, as certified annually by the Illinois

Environmental Protection Agency, but the total payment into

the Underground Storage Tank Fund under this Act, the Use Tax

Act, the Service Use Tax Act, and the Service Occupation Tax

Act shall not exceed $18,000,000 in any State fiscal year. As

used in this paragraph, the "average monthly deficit" shall be

equal to the difference between the average monthly claims for

payment by the fund and the average monthly revenues deposited

into the fund, excluding payments made pursuant to this

paragraph.

Beginning July 1, 2015, of the remainder of the moneys

received by the Department under the Use Tax Act, the Service

Use Tax Act, the Service Occupation Tax Act, and this Act, each

month the Department shall deposit $500,000 into the State

Crime Laboratory Fund.

Of the remainder of the moneys received by the Department

pursuant to this Act, (a) 1.75% thereof shall be paid into the

Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

and after July 1, 1989, 3.8% thereof shall be paid into the

Build Illinois Fund; provided, however, that if in any fiscal

year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

may be, of the moneys received by the Department and required

to be paid into the Build Illinois Fund pursuant to this Act,

Section 9 of the Use Tax Act, Section 9 of the Service Use Tax

Act, and Section 9 of the Service Occupation Tax Act, such Acts

being hereinafter called the "Tax Acts" and such aggregate of

2.2% or 3.8%, as the case may be, of moneys being hereinafter

called the "Tax Act Amount", and (2) the amount transferred to

the Build Illinois Fund from the State and Local Sales Tax

Reform Fund shall be less than the Annual Specified Amount (as

hereinafter defined), an amount equal to the difference shall

be immediately paid into the Build Illinois Fund from other

moneys received by the Department pursuant to the Tax Acts;

the "Annual Specified Amount" means the amounts specified

below for fiscal years 1986 through 1993:

Fiscal Year Annual Specified Amount 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000;

and means the Certified Annual Debt Service Requirement (as

defined in Section 13 of the Build Illinois Bond Act) or the

Tax Act Amount, whichever is greater, for fiscal year 1994 and

each fiscal year thereafter; and further provided, that if on

the last business day of any month the sum of (1) the Tax Act

Amount required to be deposited into the Build Illinois Bond

Account in the Build Illinois Fund during such month and (2)

the amount transferred to the Build Illinois Fund from the

State and Local Sales Tax Reform Fund shall have been less than

1/12 of the Annual Specified Amount, an amount equal to the

difference shall be immediately paid into the Build Illinois

Fund from other moneys received by the Department pursuant to

the Tax Acts; and, further provided, that in no event shall the

payments required under the preceding proviso result in

aggregate payments into the Build Illinois Fund pursuant to

this clause (b) for any fiscal year in excess of the greater of

(i) the Tax Act Amount or (ii) the Annual Specified Amount for

such fiscal year. The amounts payable into the Build Illinois

Fund under clause (b) of the first sentence in this paragraph

shall be payable only until such time as the aggregate amount

on deposit under each trust indenture securing Bonds issued

and outstanding pursuant to the Build Illinois Bond Act is

sufficient, taking into account any future investment income,

to fully provide, in accordance with such indenture, for the

defeasance of or the payment of the principal of, premium, if

any, and interest on the Bonds secured by such indenture and on

any Bonds expected to be issued thereafter and all fees and

costs payable with respect thereto, all as certified by the

Director of the Bureau of the Budget (now Governor's Office of

Management and Budget). If on the last business day of any

month in which Bonds are outstanding pursuant to the Build

Illinois Bond Act, the aggregate of moneys deposited in the

Build Illinois Bond Account in the Build Illinois Fund in such

month shall be less than the amount required to be transferred

in such month from the Build Illinois Bond Account to the Build

Illinois Bond Retirement and Interest Fund pursuant to Section

13 of the Build Illinois Bond Act, an amount equal to such

deficiency shall be immediately paid from other moneys

received by the Department pursuant to the Tax Acts to the

Build Illinois Fund; provided, however, that any amounts paid

to the Build Illinois Fund in any fiscal year pursuant to this

sentence shall be deemed to constitute payments pursuant to

clause (b) of the first sentence of this paragraph and shall

reduce the amount otherwise payable for such fiscal year

pursuant to that clause (b). The moneys received by the

Department pursuant to this Act and required to be deposited

into the Build Illinois Fund are subject to the pledge, claim

and charge set forth in Section 12 of the Build Illinois Bond

Act.

Subject to payment of amounts into the Build Illinois Fund

as provided in the preceding paragraph or in any amendment

thereto hereafter enacted, the following specified monthly

installment of the amount requested in the certificate of the

Chairman of the Metropolitan Pier and Exposition Authority

provided under Section 8.25f of the State Finance Act, but not

in excess of sums designated as "Total Deposit", shall be

deposited in the aggregate from collections under Section 9 of

the Use Tax Act, Section 9 of the Service Use Tax Act, Section

9 of the Service Occupation Tax Act, and Section 3 of the

Retailers' Occupation Tax Act into the McCormick Place

Expansion Project Fund in the specified fiscal years.

Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000

2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 300,000,000 2022 300,000,000 2023 300,000,000 2024 300,000,000 2025 300,000,000 2026 300,000,000 2027 375,000,000 2028 375,000,000 2029 375,000,000 2030 375,000,000 2031 375,000,000 2032 375,000,000 2033 375,000,000 2034 375,000,000 2035 375,000,000 2036 450,000,000 and each fiscal year thereafter that bonds

are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2060.

Beginning July 20, 1993 and in each month of each fiscal

year thereafter, one-eighth of the amount requested in the

certificate of the Chairman of the Metropolitan Pier and

Exposition Authority for that fiscal year, less the amount

deposited into the McCormick Place Expansion Project Fund by

the State Treasurer in the respective month under subsection

(g) of Section 13 of the Metropolitan Pier and Exposition

Authority Act, plus cumulative deficiencies in the deposits

required under this Section for previous months and years,

shall be deposited into the McCormick Place Expansion Project

Fund, until the full amount requested for the fiscal year, but

not in excess of the amount specified above as "Total

Deposit", has been deposited.

Subject to payment of amounts into the Capital Projects

Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

and the McCormick Place Expansion Project Fund pursuant to the

preceding paragraphs or in any amendments thereto hereafter

enacted, for aviation fuel sold on or after December 1, 2019,

the Department shall each month deposit into the Aviation Fuel

Sales Tax Refund Fund an amount estimated by the Department to

be required for refunds of the 80% portion of the tax on

aviation fuel under this Act. The Department shall only

deposit moneys into the Aviation Fuel Sales Tax Refund Fund

under this paragraph for so long as the revenue use

requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

binding on the State.

Subject to payment of amounts into the Build Illinois Fund

and the McCormick Place Expansion Project Fund pursuant to the

preceding paragraphs or in any amendments thereto hereafter

enacted, beginning July 1, 1993 and ending on September 30,

2013, the Department shall each month pay into the Illinois

Tax Increment Fund 0.27% of 80% of the net revenue realized for

the preceding month from the 6.25% general rate on the selling

price of tangible personal property.

Subject to payment of amounts into the Build Illinois Fund

and the McCormick Place Expansion Project Fund pursuant to the

preceding paragraphs or in any amendments thereto hereafter

enacted, beginning with the receipt of the first report of

taxes paid by an eligible business and continuing for a

25-year period, the Department shall each month pay into the

Energy Infrastructure Fund 80% of the net revenue realized

from the 6.25% general rate on the selling price of

Illinois-mined coal that was sold to an eligible business. For

purposes of this paragraph, the term "eligible business" means

a new electric generating facility certified pursuant to

Section 605-332 of the Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois.

Subject to payment of amounts into the Build Illinois

Fund, the McCormick Place Expansion Project Fund, the Illinois

Tax Increment Fund, and the Energy Infrastructure Fund

pursuant to the preceding paragraphs or in any amendments to

this Section hereafter enacted, beginning on the first day of

the first calendar month to occur on or after August 26, 2014

(the effective date of Public Act 98-1098), each month, from

the collections made under Section 9 of the Use Tax Act,

Section 9 of the Service Use Tax Act, Section 9 of the Service

Occupation Tax Act, and Section 3 of the Retailers' Occupation

Tax Act, the Department shall pay into the Tax Compliance and

Administration Fund, to be used, subject to appropriation, to

fund additional auditors and compliance personnel at the

Department of Revenue, an amount equal to 1/12 of 5% of 80% of

the cash receipts collected during the preceding fiscal year

by the Audit Bureau of the Department under the Use Tax Act,

the Service Use Tax Act, the Service Occupation Tax Act, the

Retailers' Occupation Tax Act, and associated local occupation

and use taxes administered by the Department.

Subject to payments of amounts into the Build Illinois

Fund, the McCormick Place Expansion Project Fund, the Illinois

Tax Increment Fund, the Energy Infrastructure Fund, and the

Tax Compliance and Administration Fund as provided in this

Section, beginning on July 1, 2018 the Department shall pay

each month into the Downstate Public Transportation Fund the

moneys required to be so paid under Section 2-3 of the

Downstate Public Transportation Act.

Subject to successful execution and delivery of a

public-private agreement between the public agency and private

entity and completion of the civic build, beginning on July 1,

2023, of the remainder of the moneys received by the

Department under the Use Tax Act, the Service Use Tax Act, the

Service Occupation Tax Act, and this Act, the Department shall

deposit the following specified deposits in the aggregate from

collections under the Use Tax Act, the Service Use Tax Act, the

Service Occupation Tax Act, and the Retailers' Occupation Tax

Act, as required under Section 8.25g of the State Finance Act

for distribution consistent with the Public-Private

Partnership for Civic and Transit Infrastructure Project Act.

The moneys received by the Department pursuant to this Act and

required to be deposited into the Civic and Transit

Infrastructure Fund are subject to the pledge, claim and

charge set forth in Section 25-55 of the Public-Private

Partnership for Civic and Transit Infrastructure Project Act.

As used in this paragraph, "civic build", "private entity",

"public-private agreement", and "public agency" have the

meanings provided in Section 25-10 of the Public-Private

Partnership for Civic and Transit Infrastructure Project Act.

Fiscal Year.............................Total Deposit

2024.....................................$200,000,000

2025....................................$206,000,000

2026....................................$212,200,000

2027....................................$218,500,000
2028....................................$225,100,000
2029....................................$288,700,000
2030....................................$298,900,000
2031....................................$309,300,000
2032....................................$320,100,000
2033....................................$331,200,000
2034....................................$341,200,000
2035....................................$351,400,000
2036....................................$361,900,000
2037....................................$372,800,000
2038....................................$384,000,000
2039....................................$395,500,000
2040....................................$407,400,000
2041....................................$419,600,000
2042....................................$432,200,000
2043....................................$445,100,000
Beginning July 1, 2021 and until July 1, 2022, subject to
the payment of amounts into the County and Mass Transit
District Fund, the Local Government Tax Fund, the Build
Illinois Fund, the McCormick Place Expansion Project Fund, the
Illinois Tax Increment Fund, the Energy Infrastructure Fund,
and the Tax Compliance and Administration Fund as provided in
this Section, the Department shall pay each month into the
Road Fund the amount estimated to represent 16% of the net
revenue realized from the taxes imposed on motor fuel and

gasohol. Beginning July 1, 2022 and until July 1, 2023,

subject to the payment of amounts into the County and Mass

Transit District Fund, the Local Government Tax Fund, the

Build Illinois Fund, the McCormick Place Expansion Project

Fund, the Illinois Tax Increment Fund, the Energy

Infrastructure Fund, and the Tax Compliance and Administration

Fund as provided in this Section, the Department shall pay

each month into the Road Fund the amount estimated to

represent 32% of the net revenue realized from the taxes

imposed on motor fuel and gasohol. Beginning July 1, 2023 and

until July 1, 2024, subject to the payment of amounts into the

County and Mass Transit District Fund, the Local Government

Tax Fund, the Build Illinois Fund, the McCormick Place

Expansion Project Fund, the Illinois Tax Increment Fund, the

Energy Infrastructure Fund, and the Tax Compliance and

Administration Fund as provided in this Section, the

Department shall pay each month into the Road Fund the amount

estimated to represent 48% of the net revenue realized from

the taxes imposed on motor fuel and gasohol. Beginning July 1,

2024 and until July 1, 2025, subject to the payment of amounts

into the County and Mass Transit District Fund, the Local

Government Tax Fund, the Build Illinois Fund, the McCormick

Place Expansion Project Fund, the Illinois Tax Increment Fund,

the Energy Infrastructure Fund, and the Tax Compliance and

Administration Fund as provided in this Section, the

Department shall pay each month into the Road Fund the amount

estimated to represent 64% of the net revenue realized from

the taxes imposed on motor fuel and gasohol. Beginning on July

1, 2025, subject to the payment of amounts into the County and

Mass Transit District Fund, the Local Government Tax Fund, the

Build Illinois Fund, the McCormick Place Expansion Project

Fund, the Illinois Tax Increment Fund, the Energy

Infrastructure Fund, and the Tax Compliance and Administration

Fund as provided in this Section, the Department shall pay

each month into the Road Fund the amount estimated to

represent 80% of the net revenue realized from the taxes

imposed on motor fuel and gasohol. As used in this paragraph

"motor fuel" has the meaning given to that term in Section 1.1

of the Motor Fuel Tax Law, and "gasohol" has the meaning given

to that term in Section 3-40 of the Use Tax Act.

Of the remainder of the moneys received by the Department

pursuant to this Act, 75% thereof shall be paid into the State

treasury Treasury and 25% shall be reserved in a special

account and used only for the transfer to the Common School

Fund as part of the monthly transfer from the General Revenue

Fund in accordance with Section 8a of the State Finance Act.

The Department may, upon separate written notice to a

taxpayer, require the taxpayer to prepare and file with the

Department on a form prescribed by the Department within not

less than 60 days after receipt of the notice an annual

information return for the tax year specified in the notice.

Such annual return to the Department shall include a statement

of gross receipts as shown by the retailer's last Federal

income tax return. If the total receipts of the business as

reported in the Federal income tax return do not agree with the

gross receipts reported to the Department of Revenue for the

same period, the retailer shall attach to his annual return a

schedule showing a reconciliation of the 2 amounts and the

reasons for the difference. The retailer's annual return to

the Department shall also disclose the cost of goods sold by

the retailer during the year covered by such return, opening

and closing inventories of such goods for such year, costs of

goods used from stock or taken from stock and given away by the

retailer during such year, payroll information of the

retailer's business during such year and any additional

reasonable information which the Department deems would be

helpful in determining the accuracy of the monthly, quarterly

or annual returns filed by such retailer as provided for in

this Section.

If the annual information return required by this Section

is not filed when and as required, the taxpayer shall be liable

as follows:

(i) Until January 1, 1994, the taxpayer shall be

liable for a penalty equal to 1/6 of 1% of the tax due from

such taxpayer under this Act during the period to be

covered by the annual return for each month or fraction of

a month until such return is filed as required, the

penalty to be assessed and collected in the same manner as

any other penalty provided for in this Act.

(ii) On and after January 1, 1994, the taxpayer shall

be liable for a penalty as described in Section 3-4 of the

Uniform Penalty and Interest Act.

The chief executive officer, proprietor, owner or highest

ranking manager shall sign the annual return to certify the

accuracy of the information contained therein. Any person who

willfully signs the annual return containing false or

inaccurate information shall be guilty of perjury and punished

accordingly. The annual return form prescribed by the

Department shall include a warning that the person signing the

return may be liable for perjury.

The provisions of this Section concerning the filing of an

annual information return do not apply to a retailer who is not

required to file an income tax return with the United States

Government.

As soon as possible after the first day of each month, upon

certification of the Department of Revenue, the Comptroller

shall order transferred and the Treasurer shall transfer from

the General Revenue Fund to the Motor Fuel Tax Fund an amount

equal to 1.7% of 80% of the net revenue realized under this Act

for the second preceding month. Beginning April 1, 2000, this

transfer is no longer required and shall not be made.

Net revenue realized for a month shall be the revenue

collected by the State pursuant to this Act, less the amount

paid out during that month as refunds to taxpayers for

overpayment of liability.

For greater simplicity of administration, manufacturers,

importers and wholesalers whose products are sold at retail in

Illinois by numerous retailers, and who wish to do so, may

assume the responsibility for accounting and paying to the

Department all tax accruing under this Act with respect to

such sales, if the retailers who are affected do not make

written objection to the Department to this arrangement.

Any person who promotes, organizes, provides retail

selling space for concessionaires or other types of sellers at

the Illinois State Fair, DuQuoin State Fair, county fairs,

local fairs, art shows, flea markets and similar exhibitions

or events, including any transient merchant as defined by

Section 2 of the Transient Merchant Act of 1987, is required to

file a report with the Department providing the name of the

merchant's business, the name of the person or persons engaged

in merchant's business, the permanent address and Illinois

Retailers Occupation Tax Registration Number of the merchant,

the dates and location of the event and other reasonable

information that the Department may require. The report must

be filed not later than the 20th day of the month next

following the month during which the event with retail sales

was held. Any person who fails to file a report required by

this Section commits a business offense and is subject to a

fine not to exceed $250.

Any person engaged in the business of selling tangible

personal property at retail as a concessionaire or other type

of seller at the Illinois State Fair, county fairs, art shows,

flea markets and similar exhibitions or events, or any

transient merchants, as defined by Section 2 of the Transient

Merchant Act of 1987, may be required to make a daily report of

the amount of such sales to the Department and to make a daily

payment of the full amount of tax due. The Department shall

impose this requirement when it finds that there is a

significant risk of loss of revenue to the State at such an

exhibition or event. Such a finding shall be based on evidence

that a substantial number of concessionaires or other sellers

who are not residents of Illinois will be engaging in the

business of selling tangible personal property at retail at

the exhibition or event, or other evidence of a significant

risk of loss of revenue to the State. The Department shall

notify concessionaires and other sellers affected by the

imposition of this requirement. In the absence of notification

by the Department, the concessionaires and other sellers shall

file their returns as otherwise required in this Section.

(Source: P.A. 101-10, Article 15, Section 15-25, eff. 6-5-19;

101-10, Article 25, Section 25-120, eff. 6-5-19; 101-27, eff.

6-25-19; 101-32, eff. 6-28-19; 101-604, eff. 12-13-19;

101-636, eff. 6-10-20; 102-634, eff. 8-27-21; 102-700, Article

60, Section 60-30, eff. 4-19-22; 102-700, Article 65, Section

65-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff.

1-1-23; revised 12-13-22.)

Section 215. The Property Tax Code is amended by changing

Sections 10-390, 10-800, 15-168, 15-169, 18-185, 18-190.7,

22-10, and 22-25 as follows:

(35 ILCS 200/10-390)

Sec. 10-390. Valuation of supportive living facilities.

(a) Notwithstanding Section 1-55, to determine the fair

cash value of any supportive living facility established under

Section 5-5.01a of the Illinois Public Aid Code, in assessing

the facility, a local assessment officer must use the income

capitalization approach. For the purposes of this Section,

gross potential income must not exceed the maximum individual

Supplemental Security Income (SSI) amount, minus a resident's

personal allowance as defined at 89 Ill. Adm. Ill Admin. Code

146.205, multiplied by the number of apartments authorized by

the supportive living facility certification.

(b) When assessing supportive living facilities, the local

assessment officer may not consider:

(1) payments from Medicaid for services provided to

residents of supportive living facilities when such

payments constitute income that is attributable to

services and not attributable to the real estate; or

(2) payments by a resident of a supportive living

facility for services that would be paid by Medicaid if

the resident were Medicaid-eligible, when such payments

constitute income that is attributable to services and not

attributable to real estate.

(Source: P.A. 102-16, eff. 6-17-21; revised 2-28-22.)

(35 ILCS 200/10-800)

Sec. 10-800. Southland reactivation property.

(a) For the purposes of this Section:

"Base year" means the last tax year prior to the date of

the application for southland reactivation designation during

which the property was occupied and assessed and had an

equalized assessed value.

"Cook County Land Bank Authority" means the Cook County

Land Bank Authority created by ordinance of the Cook County

Board.

"Municipality" means a city, village, or incorporated town

located in the State.

"Participating entity" means any of the following, either

collectively or individually: the municipality in which the

property is located; the South Suburban Land Bank and

Development Authority; or the Cook County Land Bank

Development Authority.

"Southland reactivation property" means property that:

(1) has been designated by the municipality by

resolution as a priority tax reactivation parcel, site, or

property due to its clear pattern of stagnation and

depressed condition or the decline in its assessed

valuation;

(2) is held by a participating entity; and

(3) meets all of the following criteria:

(A) the property is zoned for commercial or

industrial use;

(B) the property has had its past property taxes

cleared and is now classified as exempt, or the

property has not had a lawful occupant for at least 12

months immediately preceding the application for

certification as southland reactivation property, as

attested to by a supporting affidavit;

(C) the sale or transfer of the property,

following southland reactivation designation, to a

developer would result in investment which would

result a higher assessed value;

(D) the property will be sold by a participating

entity to a buyer of property that has been approved by

the corporate authorities of the municipality or to a

developer that has been approved by the corporate

authorities of the municipality whose redevelopment of

the parcel, site, or property would reverse

long-standing divestment in the area, enhance

inclusive economic growth, create jobs or career

pathways, support equitable recovery of the community,

and stabilize the tax base through investments that

align with local government plans and priorities;

(E) an application for southland reactivation

designation is filed with the participating entity and

a resolution designating the property as southland

reactivation property is passed by the municipality

prior to the sale, rehabilitation, or reoccupation;

(F) if not for the southland reactivation

designation, development or redevelopment of the

property would not occur; and

(G) the property is located in any of the

following Townships in Cook County: Bloom, Bremen,

Calumet, Rich, Thornton, or Worth.

"South Suburban Land Bank and Development Authority" means

the South Suburban Land Bank and Development Authority created

in 2012 by intergovernmental agreement.

"Tax year" means the calendar year for which assessed

value is determined as of January 1 of that year.

(b) Within 5 years after May 27, 2022 (the effective date

of Public Act 102-1010) this amendatory Act of the 102nd

General Assembly, purchasers of real property from any of the

participating entities may apply to that entity to have the

property certified as southland reactivation property if the

property meets the criteria for southland reactivation

property set forth in subsection (a). The participating entity

has 5 years from May 27, 2022 (the effective date of Public Act

102-1010) this amendatory Act of the 102nd General Assembly

within which it may certify the property as southland

reactivation property for the purposes of promoting

rehabilitation of abandoned, vacant, or underutilized property

to attract and enhance economic activities and investment that

stabilize, restore, and grow the tax base in severely blighted

areas within Chicago's south suburbs. This certification is

nonrenewable and shall be transmitted by the municipality, or

by the participating entity on behalf of the municipality, to

the chief county assessment officer as soon as possible after

the property is certified. Southland reactivation designation

is limited to the original applicant unless expressly approved

by the corporate authorities of the municipality and the

property has no change in use.

Support by the corporate authorities of the municipality

for southland reactivation designation shall be considered in

a lawful public meeting, and impacted taxing districts shall

receive notification of the agenda item to consider southland

reactivation of the site not less than 15 days prior to that

meeting.

(c) Beginning with the first tax year after the property

is certified as southland reactivation property and continuing

through the twelfth tax year after the property is certified

as southland reactivation property, for the purpose of

taxation under this Code, the property shall be valued at 50%

of the base year equalized assessed value as established by

the chief county assessment officer, excluding all years with

property tax exemptions applied as a result of the

participating entity's ownership. For the first year after the

property is certified as southland reactivation property, the

aggregate property tax liability for the property shall be no

greater than $100,000 per year. That aggregate property tax

liability, once collected, shall be distributed to the taxing

districts in which the property is located according to each

taxing district's proportionate share of that aggregate

liability. Beginning with the second tax year after the

property is certified as southland reactivation property and

continuing through the twelfth tax year after the property is

certified as southland reactivation property, the property tax

liability for the property for each taxing district in which

the property is located shall be increased over the property

tax liability for the property for the preceding year by 10%.

In no event shall the purchaser's annual tax liability

decrease.

(d) No later than March 1 of each year, the municipality or

the participating entity on behalf of the municipality shall

certify to the county clerk of the county in which the property

is located a percentage southland reactivation reduction to be

applied to property taxes for that calendar year, as provided

in this Section.

(e) The participating entity shall collect the following

information annually for the pilot program period: the number

of program applicants; the street address of each certified

property; the proposed use of certified properties; the amount

of investment; the number of jobs created as a result of the

certification; and copies of the certification of each

southland reactivation site to allow for the evaluation and

assessment of the effectiveness of southland reactivation

designation. The participating entity responsible for seeking

the southland reactivation designation shall present this

information to the governing body of each taxing district

affected by a southland reactivation designation on an annual

basis, and the participating entity shall report the above

information to any requesting members of the General Assembly

at the conclusion of the 5-year designation period.

(f) Any southland reactivation certification granted under

this Section shall be void if the property is conveyed to an

entity or person that is liable for any unpaid, delinquent

property taxes associated with the property.

(Source: P.A. 102-1010, eff. 5-27-22; revised 9-7-22.)

(35 ILCS 200/15-168)

Sec. 15-168. Homestead exemption for persons with

disabilities.

(a) Beginning with taxable year 2007, an annual homestead

exemption is granted to persons with disabilities in the

amount of $2,000, except as provided in subsection (c), to be

deducted from the property's value as equalized or assessed by

the Department of Revenue. The person with a disability shall

receive the homestead exemption upon meeting the following

requirements:

(1) The property must be occupied as the primary

residence by the person with a disability.

(2) The person with a disability must be liable for

paying the real estate taxes on the property.

(3) The person with a disability must be an owner of

record of the property or have a legal or equitable

interest in the property as evidenced by a written

instrument. In the case of a leasehold interest in

property, the lease must be for a single family residence.

A person who has a disability during the taxable year is

eligible to apply for this homestead exemption during that

taxable year. Application must be made during the application

period in effect for the county of residence. If a homestead

exemption has been granted under this Section and the person

awarded the exemption subsequently becomes a resident of a

facility licensed under the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, the

ID/DD Community Care Act, or the MC/DD Act, then the exemption

shall continue (i) so long as the residence continues to be

occupied by the qualifying person's spouse or (ii) if the

residence remains unoccupied but is still owned by the person

qualified for the homestead exemption.

(b) For the purposes of this Section, "person with a

disability" means a person unable to engage in any substantial

gainful activity by reason of a medically determinable

physical or mental impairment which can be expected to result

in death or has lasted or can be expected to last for a

continuous period of not less than 12 months. Persons with

disabilities filing claims under this Act shall submit proof

of disability in such form and manner as the Department shall

by rule and regulation prescribe. Proof that a claimant is

eligible to receive disability benefits under the Federal

Social Security Act shall constitute proof of disability for

purposes of this Act. Issuance of an Illinois Person with a

Disability Identification Card stating that the claimant is

under a Class 2 disability, as defined in Section 4A of the

Illinois Identification Card Act, shall constitute proof that

the person named thereon is a person with a disability for

purposes of this Act. A person with a disability not covered

under the Federal Social Security Act and not presenting an

Illinois Person with a Disability Identification Card stating

that the claimant is under a Class 2 disability shall be

examined by a physician, optometrist (if the person qualifies

because of a visual disability), advanced practice registered

nurse, or physician assistant designated by the Department,

and his status as a person with a disability determined using

the same standards as used by the Social Security

Administration. The costs of any required examination shall be

borne by the claimant.

(c) For land improved with (i) an apartment building owned

and operated as a cooperative or (ii) a life care facility as

defined under Section 2 of the Life Care Facilities Act that is

considered to be a cooperative, the maximum reduction from the

value of the property, as equalized or assessed by the

Department, shall be multiplied by the number of apartments or

units occupied by a person with a disability. The person with a

disability shall receive the homestead exemption upon meeting

the following requirements:

(1) The property must be occupied as the primary

residence by the person with a disability.

(2) The person with a disability must be liable by

contract with the owner or owners of record for paying the

apportioned property taxes on the property of the

cooperative or life care facility. In the case of a life

care facility, the person with a disability must be liable

for paying the apportioned property taxes under a life

care contract as defined in Section 2 of the Life Care

Facilities Act.

(3) The person with a disability must be an owner of

record of a legal or equitable interest in the cooperative

apartment building. A leasehold interest does not meet

this requirement.

If a homestead exemption is granted under this subsection, the

cooperative association or management firm shall credit the

savings resulting from the exemption to the apportioned tax

liability of the qualifying person with a disability. The

chief county assessment officer may request reasonable proof

that the association or firm has properly credited the

exemption. A person who willfully refuses to credit an

exemption to the qualified person with a disability is guilty

of a Class B misdemeanor.

(d) The chief county assessment officer shall determine

the eligibility of property to receive the homestead exemption

according to guidelines established by the Department. After a

person has received an exemption under this Section, an annual

verification of eligibility for the exemption shall be mailed

to the taxpayer.

In counties with fewer than 3,000,000 inhabitants, the

chief county assessment officer shall provide to each person

granted a homestead exemption under this Section a form to

designate any other person to receive a duplicate of any

notice of delinquency in the payment of taxes assessed and

levied under this Code on the person's qualifying property.

The duplicate notice shall be in addition to the notice

required to be provided to the person receiving the exemption

and shall be given in the manner required by this Code. The

person filing the request for the duplicate notice shall pay

an administrative fee of $5 to the chief county assessment

officer. The assessment officer shall then file the executed

designation with the county collector, who shall issue the

duplicate notices as indicated by the designation. A

designation may be rescinded by the person with a disability

in the manner required by the chief county assessment officer.

(d-5) Notwithstanding any other provision of law, each

chief county assessment officer may approve this exemption for

the 2020 taxable year, without application, for any property

that was approved for this exemption for the 2019 taxable

year, provided that:

(1) the county board has declared a local disaster as

provided in the Illinois Emergency Management Agency Act

related to the COVID-19 public health emergency;

(2) the owner of record of the property as of January

1, 2020 is the same as the owner of record of the property

as of January 1, 2019;

(3) the exemption for the 2019 taxable year has not

been determined to be an erroneous exemption as defined by

this Code; and

(4) the applicant for the 2019 taxable year has not

asked for the exemption to be removed for the 2019 or 2020

taxable years.

(d-10) Notwithstanding any other provision of law, each

chief county assessment officer may approve this exemption for

the 2021 taxable year, without application, for any property

that was approved for this exemption for the 2020 taxable

year, if:

(1) the county board has declared a local disaster as

provided in the Illinois Emergency Management Agency Act

related to the COVID-19 public health emergency;

(2) the owner of record of the property as of January

1, 2021 is the same as the owner of record of the property

as of January 1, 2020;

(3) the exemption for the 2020 taxable year has not

been determined to be an erroneous exemption as defined by

this Code; and

(4) the taxpayer for the 2020 taxable year has not

asked for the exemption to be removed for the 2020 or 2021

taxable years.

(d-15) For taxable years 2022 through 2027, in any county

of more than 3,000,000 residents, and in any other county

where the county board has authorized such action by ordinance

or resolution, a chief county assessment officer may renew

this exemption for any person who applied for the exemption

and presented proof of eligibility, as described in subsection

(b) above, without an annual application as required under

subsection (d) above. A chief county assessment officer shall

not automatically renew an exemption under this subsection if:

the physician, advanced practice registered nurse,

optometrist, or physician assistant who examined the claimant

determined that the disability is not expected to continue for

12 months or more; the exemption has been deemed erroneous

since the last application; or the claimant has reported their

ineligibility to receive the exemption. A chief county

assessment officer who automatically renews an exemption under

this subsection shall notify a person of a subsequent

determination not to automatically renew that person's

exemption and shall provide that person with an application to

renew the exemption.

(e) A taxpayer who claims an exemption under Section

15-165 or 15-169 may not claim an exemption under this

Section.

(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;

102-895, eff. 5-23-22; revised 9-7-22.)

(35 ILCS 200/15-169)

Sec. 15-169. Homestead exemption for veterans with

disabilities.

(a) Beginning with taxable year 2007, an annual homestead

exemption, limited to the amounts set forth in subsections (b)

and (b-3), is granted for property that is used as a qualified

residence by a veteran with a disability.

(b) For taxable years prior to 2015, the amount of the

exemption under this Section is as follows:

(1) for veterans with a service-connected disability

of at least (i) 75% for exemptions granted in taxable

years 2007 through 2009 and (ii) 70% for exemptions

granted in taxable year 2010 and each taxable year

thereafter, as certified by the United States Department

of Veterans Affairs, the annual exemption is $5,000; and

(2) for veterans with a service-connected disability

of at least 50%, but less than (i) 75% for exemptions

granted in taxable years 2007 through 2009 and (ii) 70%

for exemptions granted in taxable year 2010 and each

taxable year thereafter, as certified by the United States

Department of Veterans Affairs, the annual exemption is

$2,500.

(b-3) For taxable years 2015 and thereafter:

(1) if the veteran has a service connected disability

of 30% or more but less than 50%, as certified by the

United States Department of Veterans Affairs, then the

annual exemption is $2,500;

(2) if the veteran has a service connected disability

of 50% or more but less than 70%, as certified by the

United States Department of Veterans Affairs, then the

annual exemption is $5,000;

(3) if the veteran has a service connected disability

of 70% or more, as certified by the United States

Department of Veterans Affairs, then the property is

exempt from taxation under this Code; and

(4) for taxable year 2023 and thereafter, if the

taxpayer is the surviving spouse of a veteran whose death

was determined to be service-connected and who is

certified by the United States Department of Veterans

Affairs as a recipient of dependency and indemnity

compensation under federal law, then the property is also

exempt from taxation under this Code.

(b-5) If a homestead exemption is granted under this

Section and the person awarded the exemption subsequently

becomes a resident of a facility licensed under the Nursing

Home Care Act or a facility operated by the United States

Department of Veterans Affairs, then the exemption shall

continue (i) so long as the residence continues to be occupied

by the qualifying person's spouse or (ii) if the residence

remains unoccupied but is still owned by the person who

qualified for the homestead exemption.

(c) The tax exemption under this Section carries over to

the benefit of the veteran's surviving spouse as long as the

spouse holds the legal or beneficial title to the homestead,

permanently resides thereon, and does not remarry. If the

surviving spouse sells the property, an exemption not to

exceed the amount granted from the most recent ad valorem tax

roll may be transferred to his or her new residence as long as

it is used as his or her primary residence and he or she does

not remarry.

As used in this subsection (c):

(1) for taxable years prior to 2015, "surviving

spouse" means the surviving spouse of a veteran who

obtained an exemption under this Section prior to his or

her death;

(2) for taxable years 2015 through 2022, "surviving

spouse" means (i) the surviving spouse of a veteran who

obtained an exemption under this Section prior to his or

her death and (ii) the surviving spouse of a veteran who

was killed in the line of duty at any time prior to the

expiration of the application period in effect for the

exemption for the taxable year for which the exemption is

sought; and

(3) for taxable year 2023 and thereafter, "surviving

spouse" means: (i) the surviving spouse of a veteran who

obtained the exemption under this Section prior to his or

her death; (ii) the surviving spouse of a veteran who was

killed in the line of duty at any time prior to the

expiration of the application period in effect for the

exemption for the taxable year for which the exemption is

sought; (iii) the surviving spouse of a veteran who did

not obtain an exemption under this Section before death,

but who would have qualified for the exemption under this

Section in the taxable year for which the exemption is

sought if he or she had survived, and whose surviving

spouse has been a resident of Illinois from the time of the

veteran's death through the taxable year for which the

exemption is sought; and (iv) the surviving spouse of a

veteran whose death was determined to be

service-connected, but who would not otherwise qualify

under item items (i), (ii), or (iii), if the spouse (A) is

certified by the United States Department of Veterans

Affairs as a recipient of dependency and indemnity

compensation under federal law at any time prior to the

expiration of the application period in effect for the

exemption for the taxable year for which the exemption is

sought and (B) remains eligible for that dependency and

indemnity compensation as of January 1 of the taxable year

for which the exemption is sought.

(c-1) Beginning with taxable year 2015, nothing in this

Section shall require the veteran to have qualified for or

obtained the exemption before death if the veteran was killed

in the line of duty.

(d) The exemption under this Section applies for taxable

year 2007 and thereafter. A taxpayer who claims an exemption

under Section 15-165 or 15-168 may not claim an exemption

under this Section.

(e) Except as otherwise provided in this subsection (e),

each taxpayer who has been granted an exemption under this

Section must reapply on an annual basis. Application must be

made during the application period in effect for the county of

his or her residence. The assessor or chief county assessment

officer may determine the eligibility of residential property

to receive the homestead exemption provided by this Section by

application, visual inspection, questionnaire, or other

reasonable methods. The determination must be made in

accordance with guidelines established by the Department.

On and after May 23, 2022 (the effective date of Public Act

102-895) this amendatory Act of the 102nd General Assembly, if

a veteran has a combined service connected disability rating

of 100% and is deemed to be permanently and totally disabled,

as certified by the United States Department of Veterans

Affairs, the taxpayer who has been granted an exemption under

this Section shall no longer be required to reapply for the

exemption on an annual basis, and the exemption shall be in

effect for as long as the exemption would otherwise be

permitted under this Section.

(e-1) If the person qualifying for the exemption does not

occupy the qualified residence as of January 1 of the taxable

year, the exemption granted under this Section shall be

prorated on a monthly basis. The prorated exemption shall

apply beginning with the first complete month in which the

person occupies the qualified residence.

(e-5) Notwithstanding any other provision of law, each

chief county assessment officer may approve this exemption for

the 2020 taxable year, without application, for any property

that was approved for this exemption for the 2019 taxable

year, provided that:

(1) the county board has declared a local disaster as

provided in the Illinois Emergency Management Agency Act

related to the COVID-19 public health emergency;

(2) the owner of record of the property as of January

1, 2020 is the same as the owner of record of the property

as of January 1, 2019;

(3) the exemption for the 2019 taxable year has not

been determined to be an erroneous exemption as defined by

this Code; and

(4) the applicant for the 2019 taxable year has not

asked for the exemption to be removed for the 2019 or 2020

taxable years.

Nothing in this subsection shall preclude a veteran whose

service connected disability rating has changed since the 2019

exemption was granted from applying for the exemption based on

the subsequent service connected disability rating.

(e-10) Notwithstanding any other provision of law, each

chief county assessment officer may approve this exemption for

the 2021 taxable year, without application, for any property

that was approved for this exemption for the 2020 taxable

year, if:

(1) the county board has declared a local disaster as

provided in the Illinois Emergency Management Agency Act

related to the COVID-19 public health emergency;

(2) the owner of record of the property as of January

1, 2021 is the same as the owner of record of the property

as of January 1, 2020;

(3) the exemption for the 2020 taxable year has not

been determined to be an erroneous exemption as defined by

this Code; and

(4) the taxpayer for the 2020 taxable year has not

asked for the exemption to be removed for the 2020 or 2021

taxable years.

Nothing in this subsection shall preclude a veteran whose

service connected disability rating has changed since the 2020

exemption was granted from applying for the exemption based on

the subsequent service connected disability rating.

(f) For the purposes of this Section:

"Qualified residence" means real property, but less any

portion of that property that is used for commercial purposes,

with an equalized assessed value of less than $250,000 that is

the primary residence of a veteran with a disability. Property

rented for more than 6 months is presumed to be used for

commercial purposes.

"Veteran" means an Illinois resident who has served as a

member of the United States Armed Forces on active duty or

State active duty, a member of the Illinois National Guard, or

a member of the United States Reserve Forces and who has

received an honorable discharge.

(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;

102-895, eff. 5-23-22; revised 9-6-22.)

(35 ILCS 200/18-185)

Sec. 18-185. Short title; definitions. This Division 5

may be cited as the Property Tax Extension Limitation Law. As

used in this Division 5:

"Consumer Price Index" means the Consumer Price Index for

All Urban Consumers for all items published by the United

States Department of Labor.

"Extension limitation" means (a) the lesser of 5% or the

percentage increase in the Consumer Price Index during the

12-month calendar year preceding the levy year or (b) the rate

of increase approved by voters under Section 18-205.

"Affected county" means a county of 3,000,000 or more

inhabitants or a county contiguous to a county of 3,000,000 or

more inhabitants.

"Taxing district" has the same meaning provided in Section

1-150, except as otherwise provided in this Section. For the

1991 through 1994 levy years only, "taxing district" includes

only each non-home rule taxing district having the majority of

its 1990 equalized assessed value within any county or

counties contiguous to a county with 3,000,000 or more

inhabitants. Beginning with the 1995 levy year, "taxing

district" includes only each non-home rule taxing district

subject to this Law before the 1995 levy year and each non-home

rule taxing district not subject to this Law before the 1995

levy year having the majority of its 1994 equalized assessed

value in an affected county or counties. Beginning with the

levy year in which this Law becomes applicable to a taxing

district as provided in Section 18-213, "taxing district" also

includes those taxing districts made subject to this Law as

provided in Section 18-213.

"Aggregate extension" for taxing districts to which this

Law applied before the 1995 levy year means the annual

corporate extension for the taxing district and those special

purpose extensions that are made annually for the taxing

district, excluding special purpose extensions: (a) made for

the taxing district to pay interest or principal on general

obligation bonds that were approved by referendum; (b) made

for any taxing district to pay interest or principal on

general obligation bonds issued before October 1, 1991; (c)

made for any taxing district to pay interest or principal on

bonds issued to refund or continue to refund those bonds

issued before October 1, 1991; (d) made for any taxing

district to pay interest or principal on bonds issued to

refund or continue to refund bonds issued after October 1,

1991 that were approved by referendum; (e) made for any taxing

district to pay interest or principal on revenue bonds issued

before October 1, 1991 for payment of which a property tax levy

or the full faith and credit of the unit of local government is

pledged; however, a tax for the payment of interest or

principal on those bonds shall be made only after the

governing body of the unit of local government finds that all

other sources for payment are insufficient to make those

payments; (f) made for payments under a building commission

lease when the lease payments are for the retirement of bonds

issued by the commission before October 1, 1991, to pay for the

building project; (g) made for payments due under installment

contracts entered into before October 1, 1991; (h) made for

payments of principal and interest on bonds issued under the

Metropolitan Water Reclamation District Act to finance

construction projects initiated before October 1, 1991; (i)

made for payments of principal and interest on limited bonds,

as defined in Section 3 of the Local Government Debt Reform

Act, in an amount not to exceed the debt service extension base

less the amount in items (b), (c), (e), and (h) of this

definition for non-referendum obligations, except obligations

initially issued pursuant to referendum; (j) made for payments

of principal and interest on bonds issued under Section 15 of

the Local Government Debt Reform Act; (k) made by a school

district that participates in the Special Education District

of Lake County, created by special education joint agreement

under Section 10-22.31 of the School Code, for payment of the

school district's share of the amounts required to be

contributed by the Special Education District of Lake County

to the Illinois Municipal Retirement Fund under Article 7 of

the Illinois Pension Code; the amount of any extension under

this item (k) shall be certified by the school district to the

county clerk; (l) made to fund expenses of providing joint

recreational programs for persons with disabilities under

Section 5-8 of the Park District Code or Section 11-95-14 of

the Illinois Municipal Code; (m) made for temporary relocation

loan repayment purposes pursuant to Sections 2-3.77 and

17-2.2d of the School Code; (n) made for payment of principal

and interest on any bonds issued under the authority of

Section 17-2.2d of the School Code; (o) made for contributions

to a firefighter's pension fund created under Article 4 of the

Illinois Pension Code, to the extent of the amount certified

under item (5) of Section 4-134 of the Illinois Pension Code;

and (p) made for road purposes in the first year after a

township assumes the rights, powers, duties, assets, property,

liabilities, obligations, and responsibilities of a road

district abolished under the provisions of Section 6-133 of

the Illinois Highway Code.

"Aggregate extension" for the taxing districts to which

this Law did not apply before the 1995 levy year (except taxing

districts subject to this Law in accordance with Section

18-213) means the annual corporate extension for the taxing

district and those special purpose extensions that are made

annually for the taxing district, excluding special purpose

extensions: (a) made for the taxing district to pay interest

or principal on general obligation bonds that were approved by

referendum; (b) made for any taxing district to pay interest

or principal on general obligation bonds issued before March

1, 1995; (c) made for any taxing district to pay interest or

principal on bonds issued to refund or continue to refund

those bonds issued before March 1, 1995; (d) made for any

taxing district to pay interest or principal on bonds issued

to refund or continue to refund bonds issued after March 1,

1995 that were approved by referendum; (e) made for any taxing

district to pay interest or principal on revenue bonds issued

before March 1, 1995 for payment of which a property tax levy

or the full faith and credit of the unit of local government is

pledged; however, a tax for the payment of interest or

principal on those bonds shall be made only after the

governing body of the unit of local government finds that all

other sources for payment are insufficient to make those

payments; (f) made for payments under a building commission

lease when the lease payments are for the retirement of bonds

issued by the commission before March 1, 1995 to pay for the

building project; (g) made for payments due under installment

contracts entered into before March 1, 1995; (h) made for

payments of principal and interest on bonds issued under the

Metropolitan Water Reclamation District Act to finance

construction projects initiated before October 1, 1991; (h-4)

made for stormwater management purposes by the Metropolitan

Water Reclamation District of Greater Chicago under Section 12

of the Metropolitan Water Reclamation District Act; (h-8) made

for payments of principal and interest on bonds issued under

Section 9.6a of the Metropolitan Water Reclamation District

Act to make contributions to the pension fund established

under Article 13 of the Illinois Pension Code; (i) made for

payments of principal and interest on limited bonds, as

defined in Section 3 of the Local Government Debt Reform Act,

in an amount not to exceed the debt service extension base less

the amount in items (b), (c), and (e) of this definition for

non-referendum obligations, except obligations initially

issued pursuant to referendum and bonds described in

subsections (h) and (h-8) of this definition; (j) made for

payments of principal and interest on bonds issued under

Section 15 of the Local Government Debt Reform Act; (k) made

for payments of principal and interest on bonds authorized by

Public Act 88-503 and issued under Section 20a of the Chicago

Park District Act for aquarium or museum projects and bonds

issued under Section 20a of the Chicago Park District Act for

the purpose of making contributions to the pension fund

established under Article 12 of the Illinois Pension Code; (l)

made for payments of principal and interest on bonds

authorized by Public Act 87-1191 or 93-601 and (i) issued

pursuant to Section 21.2 of the Cook County Forest Preserve

District Act, (ii) issued under Section 42 of the Cook County

Forest Preserve District Act for zoological park projects, or

(iii) issued under Section 44.1 of the Cook County Forest

Preserve District Act for botanical gardens projects; (m) made

pursuant to Section 34-53.5 of the School Code, whether levied

annually or not; (n) made to fund expenses of providing joint

recreational programs for persons with disabilities under

Section 5-8 of the Park District Code or Section 11-95-14 of

the Illinois Municipal Code; (o) made by the Chicago Park

District for recreational programs for persons with

disabilities under subsection (c) of Section 7.06 of the

Chicago Park District Act; (p) made for contributions to a

firefighter's pension fund created under Article 4 of the

Illinois Pension Code, to the extent of the amount certified

under item (5) of Section 4-134 of the Illinois Pension Code;

(q) made by Ford Heights School District 169 under Section

17-9.02 of the School Code; and (r) made for the purpose of

making employer contributions to the Public School Teachers'

Pension and Retirement Fund of Chicago under Section 34-53 of

the School Code.

"Aggregate extension" for all taxing districts to which

this Law applies in accordance with Section 18-213, except for

those taxing districts subject to paragraph (2) of subsection

(e) of Section 18-213, means the annual corporate extension

for the taxing district and those special purpose extensions

that are made annually for the taxing district, excluding

special purpose extensions: (a) made for the taxing district

to pay interest or principal on general obligation bonds that

were approved by referendum; (b) made for any taxing district

to pay interest or principal on general obligation bonds

issued before the date on which the referendum making this Law

applicable to the taxing district is held; (c) made for any

taxing district to pay interest or principal on bonds issued

to refund or continue to refund those bonds issued before the

date on which the referendum making this Law applicable to the

taxing district is held; (d) made for any taxing district to

pay interest or principal on bonds issued to refund or

continue to refund bonds issued after the date on which the

referendum making this Law applicable to the taxing district

is held if the bonds were approved by referendum after the date

on which the referendum making this Law applicable to the

taxing district is held; (e) made for any taxing district to

pay interest or principal on revenue bonds issued before the

date on which the referendum making this Law applicable to the

taxing district is held for payment of which a property tax

levy or the full faith and credit of the unit of local

government is pledged; however, a tax for the payment of

interest or principal on those bonds shall be made only after

the governing body of the unit of local government finds that

all other sources for payment are insufficient to make those

payments; (f) made for payments under a building commission

lease when the lease payments are for the retirement of bonds

issued by the commission before the date on which the

referendum making this Law applicable to the taxing district

is held to pay for the building project; (g) made for payments

due under installment contracts entered into before the date

on which the referendum making this Law applicable to the

taxing district is held; (h) made for payments of principal

and interest on limited bonds, as defined in Section 3 of the

Local Government Debt Reform Act, in an amount not to exceed

the debt service extension base less the amount in items (b),

(c), and (e) of this definition for non-referendum

obligations, except obligations initially issued pursuant to

referendum; (i) made for payments of principal and interest on

bonds issued under Section 15 of the Local Government Debt

Reform Act; (j) made for a qualified airport authority to pay

interest or principal on general obligation bonds issued for

the purpose of paying obligations due under, or financing

airport facilities required to be acquired, constructed,

installed or equipped pursuant to, contracts entered into

before March 1, 1996 (but not including any amendments to such

a contract taking effect on or after that date); (k) made to

fund expenses of providing joint recreational programs for

persons with disabilities under Section 5-8 of the Park

District Code or Section 11-95-14 of the Illinois Municipal

Code; (l) made for contributions to a firefighter's pension

fund created under Article 4 of the Illinois Pension Code, to

the extent of the amount certified under item (5) of Section

4-134 of the Illinois Pension Code; and (m) made for the taxing

district to pay interest or principal on general obligation

bonds issued pursuant to Section 19-3.10 of the School Code.

"Aggregate extension" for all taxing districts to which

this Law applies in accordance with paragraph (2) of

subsection (e) of Section 18-213 means the annual corporate

extension for the taxing district and those special purpose

extensions that are made annually for the taxing district,

excluding special purpose extensions: (a) made for the taxing

district to pay interest or principal on general obligation

bonds that were approved by referendum; (b) made for any

taxing district to pay interest or principal on general

obligation bonds issued before March 7, 1997 (the effective

date of Public Act 89-718); (c) made for any taxing district to

pay interest or principal on bonds issued to refund or

continue to refund those bonds issued before March 7, 1997

(the effective date of Public Act 89-718); (d) made for any

taxing district to pay interest or principal on bonds issued

to refund or continue to refund bonds issued after March 7,

1997 (the effective date of Public Act 89-718) if the bonds

were approved by referendum after March 7, 1997 (the effective

date of Public Act 89-718); (e) made for any taxing district to

pay interest or principal on revenue bonds issued before March

7, 1997 (the effective date of Public Act 89-718) for payment

of which a property tax levy or the full faith and credit of

the unit of local government is pledged; however, a tax for the

payment of interest or principal on those bonds shall be made

only after the governing body of the unit of local government

finds that all other sources for payment are insufficient to

make those payments; (f) made for payments under a building

commission lease when the lease payments are for the

retirement of bonds issued by the commission before March 7,

1997 (the effective date of Public Act 89-718) to pay for the

building project; (g) made for payments due under installment

contracts entered into before March 7, 1997 (the effective

date of Public Act 89-718); (h) made for payments of principal

and interest on limited bonds, as defined in Section 3 of the

Local Government Debt Reform Act, in an amount not to exceed

the debt service extension base less the amount in items (b),

(c), and (e) of this definition for non-referendum

obligations, except obligations initially issued pursuant to

referendum; (i) made for payments of principal and interest on

bonds issued under Section 15 of the Local Government Debt

Reform Act; (j) made for a qualified airport authority to pay

interest or principal on general obligation bonds issued for

the purpose of paying obligations due under, or financing

airport facilities required to be acquired, constructed,

installed or equipped pursuant to, contracts entered into

before March 1, 1996 (but not including any amendments to such

a contract taking effect on or after that date); (k) made to

fund expenses of providing joint recreational programs for

persons with disabilities under Section 5-8 of the Park

District Code or Section 11-95-14 of the Illinois Municipal

Code; and (l) made for contributions to a firefighter's

pension fund created under Article 4 of the Illinois Pension

Code, to the extent of the amount certified under item (5) of

Section 4-134 of the Illinois Pension Code.

"Debt service extension base" means an amount equal to

that portion of the extension for a taxing district for the

1994 levy year, or for those taxing districts subject to this

Law in accordance with Section 18-213, except for those

subject to paragraph (2) of subsection (e) of Section 18-213,

for the levy year in which the referendum making this Law

applicable to the taxing district is held, or for those taxing

districts subject to this Law in accordance with paragraph (2)

of subsection (e) of Section 18-213 for the 1996 levy year,

constituting an extension for payment of principal and

interest on bonds issued by the taxing district without

referendum, but not including excluded non-referendum bonds.

For park districts (i) that were first subject to this Law in

1991 or 1995 and (ii) whose extension for the 1994 levy year

for the payment of principal and interest on bonds issued by

the park district without referendum (but not including

excluded non-referendum bonds) was less than 51% of the amount

for the 1991 levy year constituting an extension for payment

of principal and interest on bonds issued by the park district

without referendum (but not including excluded non-referendum

bonds), "debt service extension base" means an amount equal to

that portion of the extension for the 1991 levy year

constituting an extension for payment of principal and

interest on bonds issued by the park district without

referendum (but not including excluded non-referendum bonds).

A debt service extension base established or increased at any

time pursuant to any provision of this Law, except Section

18-212, shall be increased each year commencing with the later

of (i) the 2009 levy year or (ii) the first levy year in which

this Law becomes applicable to the taxing district, by the

lesser of 5% or the percentage increase in the Consumer Price

Index during the 12-month calendar year preceding the levy

year. The debt service extension base may be established or

increased as provided under Section 18-212. "Excluded

non-referendum bonds" means (i) bonds authorized by Public Act

88-503 and issued under Section 20a of the Chicago Park

District Act for aquarium and museum projects; (ii) bonds

issued under Section 15 of the Local Government Debt Reform

Act; or (iii) refunding obligations issued to refund or to

continue to refund obligations initially issued pursuant to

referendum.

"Special purpose extensions" include, but are not limited

to, extensions for levies made on an annual basis for

unemployment and workers' compensation, self-insurance,

contributions to pension plans, and extensions made pursuant

to Section 6-601 of the Illinois Highway Code for a road

district's permanent road fund whether levied annually or not.

The extension for a special service area is not included in the

aggregate extension.

"Aggregate extension base" means the taxing district's

last preceding aggregate extension as adjusted under Sections

18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with

levy year 2022, for taxing districts that are specified in

Section 18-190.7, the taxing district's aggregate extension

base shall be calculated as provided in Section 18-190.7. An

adjustment under Section 18-135 shall be made for the 2007

levy year and all subsequent levy years whenever one or more

counties within which a taxing district is located (i) used

estimated valuations or rates when extending taxes in the

taxing district for the last preceding levy year that resulted

in the over or under extension of taxes, or (ii) increased or

decreased the tax extension for the last preceding levy year

as required by Section 18-135(c). Whenever an adjustment is

required under Section 18-135, the aggregate extension base of

the taxing district shall be equal to the amount that the

aggregate extension of the taxing district would have been for

the last preceding levy year if either or both (i) actual,

rather than estimated, valuations or rates had been used to

calculate the extension of taxes for the last levy year, or

(ii) the tax extension for the last preceding levy year had not

been adjusted as required by subsection (c) of Section 18-135.

Notwithstanding any other provision of law, for levy year

2012, the aggregate extension base for West Northfield School

District No. 31 in Cook County shall be $12,654,592.

Notwithstanding any other provision of law, for levy year

2022, the aggregate extension base of a home equity assurance

program that levied at least $1,000,000 in property taxes in

levy year 2019 or 2020 under the Home Equity Assurance Act

shall be the amount that the program's aggregate extension

base for levy year 2021 would have been if the program had

levied a property tax for levy year 2021.

"Levy year" has the same meaning as "year" under Section

1-155.

"New property" means (i) the assessed value, after final

board of review or board of appeals action, of new

improvements or additions to existing improvements on any

parcel of real property that increase the assessed value of

that real property during the levy year multiplied by the

equalization factor issued by the Department under Section

17-30, (ii) the assessed value, after final board of review or

board of appeals action, of real property not exempt from real

estate taxation, which real property was exempt from real

estate taxation for any portion of the immediately preceding

levy year, multiplied by the equalization factor issued by the

Department under Section 17-30, including the assessed value,

upon final stabilization of occupancy after new construction

is complete, of any real property located within the

boundaries of an otherwise or previously exempt military

reservation that is intended for residential use and owned by

or leased to a private corporation or other entity, (iii) in

counties that classify in accordance with Section 4 of Article

IX of the Illinois Constitution, an incentive property's

additional assessed value resulting from a scheduled increase

in the level of assessment as applied to the first year final

board of review market value, and (iv) any increase in

assessed value due to oil or gas production from an oil or gas

well required to be permitted under the Hydraulic Fracturing

Regulatory Act that was not produced in or accounted for

during the previous levy year. In addition, the county clerk

in a county containing a population of 3,000,000 or more shall

include in the 1997 recovered tax increment value for any

school district, any recovered tax increment value that was

applicable to the 1995 tax year calculations.

"Qualified airport authority" means an airport authority

organized under the Airport Authorities Act and located in a

county bordering on the State of Wisconsin and having a

population in excess of 200,000 and not greater than 500,000.

"Recovered tax increment value" means, except as otherwise

provided in this paragraph, the amount of the current year's

equalized assessed value, in the first year after a

municipality terminates the designation of an area as a

redevelopment project area previously established under the

Tax Increment Allocation Redevelopment Act in the Illinois

Municipal Code, previously established under the Industrial

Jobs Recovery Law in the Illinois Municipal Code, previously

established under the Economic Development Project Area Tax

Increment Act of 1995, or previously established under the

Economic Development Area Tax Increment Allocation Act, of

each taxable lot, block, tract, or parcel of real property in

the redevelopment project area over and above the initial

equalized assessed value of each property in the redevelopment

project area. For the taxes which are extended for the 1997

levy year, the recovered tax increment value for a non-home

rule taxing district that first became subject to this Law for

the 1995 levy year because a majority of its 1994 equalized

assessed value was in an affected county or counties shall be

increased if a municipality terminated the designation of an

area in 1993 as a redevelopment project area previously

established under the Tax Increment Allocation Redevelopment

Act in the Illinois Municipal Code, previously established

under the Industrial Jobs Recovery Law in the Illinois

Municipal Code, or previously established under the Economic

Development Area Tax Increment Allocation Act, by an amount

equal to the 1994 equalized assessed value of each taxable

lot, block, tract, or parcel of real property in the

redevelopment project area over and above the initial

equalized assessed value of each property in the redevelopment

project area. In the first year after a municipality removes a

taxable lot, block, tract, or parcel of real property from a

redevelopment project area established under the Tax Increment

Allocation Redevelopment Act in the Illinois Municipal Code,

the Industrial Jobs Recovery Law in the Illinois Municipal

Code, or the Economic Development Area Tax Increment

Allocation Act, "recovered tax increment value" means the

amount of the current year's equalized assessed value of each

taxable lot, block, tract, or parcel of real property removed

from the redevelopment project area over and above the initial

equalized assessed value of that real property before removal

from the redevelopment project area.

Except as otherwise provided in this Section, "limiting

rate" means a fraction the numerator of which is the last

preceding aggregate extension base times an amount equal to

one plus the extension limitation defined in this Section and

the denominator of which is the current year's equalized

assessed value of all real property in the territory under the

jurisdiction of the taxing district during the prior levy

year. For those taxing districts that reduced their aggregate

extension for the last preceding levy year, except for school

districts that reduced their extension for educational

purposes pursuant to Section 18-206, the highest aggregate

extension in any of the last 3 preceding levy years shall be

used for the purpose of computing the limiting rate. The

denominator shall not include new property or the recovered

tax increment value. If a new rate, a rate decrease, or a

limiting rate increase has been approved at an election held

after March 21, 2006, then (i) the otherwise applicable

limiting rate shall be increased by the amount of the new rate

or shall be reduced by the amount of the rate decrease, as the

case may be, or (ii) in the case of a limiting rate increase,

the limiting rate shall be equal to the rate set forth in the

proposition approved by the voters for each of the years

specified in the proposition, after which the limiting rate of

the taxing district shall be calculated as otherwise provided.

In the case of a taxing district that obtained referendum

approval for an increased limiting rate on March 20, 2012, the

limiting rate for tax year 2012 shall be the rate that

generates the approximate total amount of taxes extendable for

that tax year, as set forth in the proposition approved by the

voters; this rate shall be the final rate applied by the county

clerk for the aggregate of all capped funds of the district for

tax year 2012.

(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;

102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff.

4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22; revised

8-29-22.)

(35 ILCS 200/18-190.7)

Sec. 18-190.7. Alternative aggregate extension base for

certain taxing districts; recapture.

(a) This Section applies to the following taxing districts

that are subject to this Division 5:

(1) school districts that have a designation of

recognition or review according to the State Board of

Education's School District Financial Profile System as of

the first day of the levy year for which the taxing

district seeks to increase its aggregate extension under

this Section;

(2) park districts;

(3) library districts; and

(4) community college districts.

(b) Subject to the limitations of subsection (c),

beginning in levy year 2022, a taxing district specified in

subsection (a) may recapture certain levy amounts that are

otherwise unavailable to the taxing district as a result of

the taxing district not extending the maximum amount permitted

under this Division 5 in a previous levy year. For that

purpose, the taxing district's aggregate extension base shall

be the greater of: (1) the taxing district's aggregate

extension limit; or (2) the taxing district's last preceding

aggregate extension, as adjusted under Sections 18-135,

18-215, 18-230, 18-206, and 18-233.

(c) Notwithstanding the provisions of this Section, the

aggregate extension of a taxing district that uses an

aggregate extension limit under this Section for a particular

levy year may not exceed the taxing district's aggregate

extension for the immediately preceding levy year by more than

5% unless the increase is approved by the voters under Section

18-205; however, if a taxing district is unable to recapture

the entire unrealized levy amount in a single levy year due to

the limitations of this subsection (c), the taxing district

may increase its aggregate extension in each immediately

succeeding levy year until the entire levy amount is

recaptured, except that the increase in each succeeding levy

year may not exceed the greater of (i) 5% or (ii) the increase

approved by the voters under Section 18-205.

In order to be eligible for recapture under this Section,

the taxing district must certify to the county clerk that the

taxing district did not extend the maximum amount permitted

under this Division 5 for a particular levy year. That

certification must be made not more than 60 days after the

taxing district files its levy ordinance or resolution with

the county clerk for the levy year for which the taxing

district did not extend the maximum amount permitted under

this Division 5.

(d) As used in this Section, "aggregate extension limit"

means the taxing district's last preceding aggregate extension

if the district had utilized the maximum limiting rate

permitted without referendum for each of the 3 immediately

preceding levy years, as adjusted under Sections Section

18-135, 18-215, 18-230, 18-206, and 18-233.

(Source: P.A. 102-895, eff. 5-23-22; revised 9-6-22.)

(35 ILCS 200/22-10)

Sec. 22-10. Notice of expiration of period of redemption.

A purchaser or assignee shall not be entitled to a tax deed to

the property sold unless, not less than 3 months nor more than

6 months prior to the expiration of the period of redemption,

he or she gives notice of the sale and the date of expiration

of the period of redemption to the owners, occupants, and

parties interested in the property, including any mortgagee of

record, as provided below. the

The Notice to be given to the parties shall be in at least

10-point 10 point type in the following form completely filled

in:

TAX DEED NO. .................... FILED ....................

TAKE NOTICE

County of ...............................................

Date Premises Sold ......................................

Certificate No. ........................................

Sold for General Taxes of (year) ........................

Sold for Special Assessment of (Municipality)

and special assessment number ...........................

Warrant No. ................ Inst. No. .................

THIS PROPERTY HAS BEEN SOLD FOR

DELINQUENT TAXES

Property located at .........................................

Legal Description or Property Index No. .....................

.............................................................

.............................................................

This notice is to advise you that the above property has

been sold for delinquent taxes and that the period of

redemption from the sale will expire on .....................

.............................................................

The amount to redeem is subject to increase at 6 month

intervals from the date of sale and may be further increased if

the purchaser at the tax sale or his or her assignee pays any

subsequently accruing taxes or special assessments to redeem

the property from subsequent forfeitures or tax sales. Check

with the county clerk as to the exact amount you owe before

redeeming.

This notice is also to advise you that a petition has been

filed for a tax deed which will transfer title and the right to

possession of this property if redemption is not made on or

before ......................................................

This matter is set for hearing in the Circuit Court of this

county in ...., Illinois on .....

You may be present at this hearing but your right to redeem

will already have expired at that time.

YOU ARE URGED TO REDEEM IMMEDIATELY

TO PREVENT LOSS OF PROPERTY

Redemption can be made at any time on or before .... by

applying to the County Clerk of ...., County, Illinois at the

Office of the County Clerk in ...., Illinois.

For further information contact the County Clerk

ADDRESS:....................

TELEPHONE:..................

..........................

Purchaser or Assignee.

Dated (insert date).

In counties with 3,000,000 or more inhabitants, the notice

shall also state the address, room number, and time at which

the matter is set for hearing.

The changes to this Section made by Public Act 97-557

apply only to matters in which a petition for tax deed is filed

on or after July 1, 2012 (the effective date of Public Act

97-557).

The changes to this Section made by Public Act 102-1003

this amendatory Act of the 102nd General Assembly apply to

matters in which a petition for tax deed is filed on or after

May 27, 2022 (the effective date of Public Act 102-1003) this

amendatory Act of the 102nd General Assembly. Failure of any

party or any public official to comply with the changes made to

this Section by Public Act 102-528 does not invalidate any tax

deed issued prior to May 27, 2022 (the effective date of Public

Act 102-1003) this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 102-528, eff. 1-1-22; 102-813, eff. 5-13-22;

102-1003, eff. 5-27-22; revised 9-1-22.)

(35 ILCS 200/22-25)

Sec. 22-25. Mailed notice. In addition to the notice

required to be served not less than one month nor more than 6

months prior to the expiration of the period of redemption,

the purchaser or his or her assignee shall prepare and deliver

to the clerk of the Circuit Court of the county in which the

property is located, not more than 6 months and not less than

111 days prior to the expiration of the period of redemption,

the notice provided for in this Section, together with the

statutory costs for mailing the notice by certified mail,

return receipt requested. The form of notice to be mailed by

the clerk shall be identical in form to that provided by

Section 22-10 for service upon owners residing upon the

property sold, except that it shall bear the signature of the

clerk instead of the name of the purchaser or assignee and

shall designate the parties to whom it is to be mailed. The

clerk may furnish the form. The clerk shall mail the notices

delivered to him or her by certified mail, return receipt

requested, not less than 3 months prior to the expiration of

the period of redemption. The certificate of the clerk that he

or she has mailed the notices, together with the return

receipts, shall be filed in and made a part of the court

record. The notices shall be mailed to the owners of the

property at their last known addresses, and to those persons

who are entitled to service of notice as occupants.

The changes to this Section made by Public Act 97-557 this

amendatory Act of the 97th General Assembly shall be construed

as being declaratory of existing law and not as a new

enactment.

The changes to this Section made by Public Act 102-1003

this amendatory Act of the 102nd General Assembly apply to

matters in which a petition for tax deed is filed on or after

May 27, 2022 (the effective date of Public Act 102-1003) this

amendatory Act of the 102nd General Assembly. Failure of any

party or any public official to comply with the changes made to

this Section by Public Act 102-528 does not invalidate any tax

deed issued prior to May 27, 2022 (the effective date of Public

Act 102-1003) this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 102-528, eff. 1-1-22; 102-815, eff. 5-13-22;

102-1003, eff. 5-27-22; revised 8-12-22.)

Section 220. The Parking Excise Tax Act is amended by

changing Section 10-20 as follows:

(35 ILCS 525/10-20)

Sec. 10-20. Exemptions. The tax imposed by this Act shall

not apply to:

(1) Parking in a parking area or garage operated by

the federal government or its instrumentalities that has

been issued an active tax exemption number by the

Department under Section 1g of the Retailers' Occupation

Tax Act; for this exemption to apply, the parking area or

garage must be operated by the federal government or its

instrumentalities; the exemption under this paragraph (1)

does not apply if the parking area or garage is operated by

a third party, whether under a lease or other contractual

arrangement, or any other manner whatsoever.

(2) Residential off-street parking for home or

apartment tenants or condominium occupants, if the

arrangement for such parking is provided in the home or

apartment lease or in a separate writing between the

landlord and tenant, or in a condominium agreement between

the condominium association and the owner, occupant, or

guest of a unit, whether the parking charge is payable to

the landlord, condominium association, or to the operator

of the parking spaces.

(3) Parking by hospital employees in a parking space

that is owned and operated by the hospital for which they

work.

(4) Parking in a parking area or garage where 3 or

fewer motor vehicles are stored, housed, or parked for

hire, charge, fee, or other valuable consideration, if the

operator of the parking area or garage does not act as the

operator of more than a total of 3 parking spaces located

in the State; if any operator of parking areas or garages,

including any facilitator or aggregator, acts as an

operator of more than 3 parking spaces in total that are

located in the State, then this exemption shall not apply

to any of those spaces.

(5) For the duration of the Illinois State Fair or the

DuQuoin State Fair, parking in a parking area or garage

operated for the use of attendees, vendors, or employees

of the State Fair and not otherwise subject to taxation

under this Act in the ordinary course of business.

(6) Parking in a parking area or garage operated by

the State, a State university created by statute, or a

unit of local government that has been issued an active

tax exemption number by the Department under Section 1g of

the Retailers' Occupation Tax Act; the parking area or

garage must be operated by the State, State university, or

unit of local government; the exemption under this

paragraph does not apply if the parking area or garage is

operated by a third party, whether under a lease or other

contractual arrangement, or held in any other manner,

unless the parking area or garage is exempt under

paragraph (5).

(7) Parking in a parking area or garage owned and

operated by a person engaged in the business of renting

real estate if the parking area or garage is used by the

lessee to park motor vehicles, recreational vehicles, or

self-propelled vehicles for the lessee's own use and not

for the purpose of subleasing parking spaces for

consideration.

(8) The purchase of a parking space by the State, a

State university created by statute, or a unit of local

government that has been issued an active tax exemption

number by the Department under Section 1g of the

Retailers' Occupation Tax Act, for use by employees of the

State, State university, or unit of local government,

provided that the purchase price is paid directly by the

governmental entity.

(9) Parking in a parking space leased to a

governmental entity that is exempt pursuant to paragraph

(1) or (6) when the exempt entity rents or leases the

parking spaces in the parking area or garage to the

public; the purchase price must be paid by the

governmental entity; the exempt governmental entity is

exempt from collecting tax subject to the provisions of

paragraph (1) or (6), as applicable, when renting or

leasing the parking spaces to the public.

(Source: P.A. 101-31, eff. 6-28-19; 102-920, eff. 5-27-22;

revised 9-6-22.)

Section 225. The Illinois Pension Code is amended by

changing Sections 7-144, 16-203, and 17-149 as follows:

(40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)

Sec. 7-144. Retirement annuities; suspended annuities -

suspended during employment.

(a) If any person receiving any annuity again becomes an

employee and receives earnings from employment in a position

requiring him, or entitling him to elect, to become a

participating employee, then the annuity payable to such

employee shall be suspended as of the first 1st day of the

month coincidental with or next following the date upon which

such person becomes such an employee, unless the person is

authorized under subsection (b) of Section 7-137.1 of this

Code to continue receiving a retirement annuity during that

period. Upon proper qualification of the participating

employee payment of such annuity may be resumed on the first

1st day of the month following such qualification and upon

proper application therefor. The participating employee in

such case shall be entitled to a supplemental annuity arising

from service and credits earned subsequent to such re-entry as

a participating employee.

Notwithstanding any other provision of this Article, an

annuitant shall be considered a participating employee if he

or she returns to work as an employee with a participating

employer and works more than 599 hours annually (or 999 hours

annually with a participating employer that has adopted a

resolution pursuant to subsection (e) of Section 7-137 of this

Code). Each of these annual periods shall commence on the

month and day upon which the annuitant is first employed with

the participating employer following the effective date of the

annuity.

(a-5) If any annuitant under this Article must be

considered a participating employee per the provisions of

subsection (a) of this Section, and the participating

municipality or participating instrumentality that employs or

re-employs that annuitant knowingly fails to notify the Board

to suspend the annuity, the participating municipality or

participating instrumentality may be required to reimburse the

Fund for an amount up to one-half of the total of any annuity

payments made to the annuitant after the date the annuity

should have been suspended, as determined by the Board. In no

case shall the total amount repaid by the annuitant plus any

amount reimbursed by the employer to the Fund be more than the

total of all annuity payments made to the annuitant after the

date the annuity should have been suspended. This subsection

shall not apply if the annuitant returned to work for the

employer for less than 12 months.

The Fund shall notify all annuitants that they must notify

the Fund immediately if they return to work for any

participating employer. The notification by the Fund shall

occur upon retirement and no less than annually thereafter in

a format determined by the Fund. The Fund shall also develop

and maintain a system to track annuitants who have returned to

work and notify the participating employer and annuitant at

least annually of the limitations on returning to work under

this Section.

(b) Supplemental annuities to persons who return to

service for less than 48 months shall be computed under the

provisions of Sections 7-141, 7-142, and 7-143. In determining

whether an employee is eligible for an annuity which requires

a minimum period of service, his entire period of service

shall be taken into consideration but the supplemental annuity

shall be based on earnings and service in the supplemental

period only. The effective date of the suspended and

supplemental annuity for the purpose of increases after

retirement shall be considered to be the effective date of the

suspended annuity.

(c) Supplemental annuities to persons who return to

service for 48 months or more shall be a monthly amount

determined as follows:

(1) An amount shall be computed under subparagraph b

of paragraph (1) of subsection (a) of Section 7-142,

considering all of the service credits of the employee. ;

(2) The actuarial value in monthly payments for life

of the annuity payments made before suspension shall be

determined and subtracted from the amount determined in

paragraph (1) above. ;

(3) The monthly amount of the suspended annuity, with

any applicable increases after retirement computed from

the effective date to the date of reinstatement, shall be

subtracted from the amount determined in paragraph (2)

above and the remainder shall be the amount of the

supplemental annuity provided that this amount shall not

be less than the amount computed under subsection (b) of

this Section.

(4) The suspended annuity shall be reinstated at an

amount including any increases after retirement from the

effective date to date of reinstatement.

(5) The effective date of the combined suspended and

supplemental annuities for the purposes of increases after

retirement shall be considered to be the effective date of

the supplemental annuity.

(d) If a Tier 2 regular employee becomes a member or

participant under any other system or fund created by this

Code and is employed on a full-time basis, except for those

members or participants exempted from the provisions of

subsection (a) of Section 1-160 of this Code (other than a

participating employee under this Article), then the person's

retirement annuity shall be suspended during that employment.

Upon termination of that employment, the person's retirement

annuity shall resume and be recalculated as required by this

Section.

(e) If a Tier 2 regular employee first began participation

on or after January 1, 2012 and is receiving a retirement

annuity and accepts on a contractual basis a position to

provide services to a governmental entity from which he or she

has retired, then that person's annuity or retirement pension

shall be suspended during that contractual service,

notwithstanding the provisions of any other Section in this

Article. Such annuitant shall notify the Fund, as well as his

or her contractual employer, of his or her retirement status

before accepting contractual employment. A person who fails to

submit such notification shall be guilty of a Class A

misdemeanor and required to pay a fine of $1,000. Upon

termination of that contractual employment, the person's

retirement annuity shall resume and be recalculated as

required by this Section.

(Source: P.A. 102-210, eff. 1-1-22; revised 8-19-22.)

(40 ILCS 5/16-203)

Sec. 16-203. Application and expiration of new benefit

increases.

(a) As used in this Section, "new benefit increase" means

an increase in the amount of any benefit provided under this

Article, or an expansion of the conditions of eligibility for

any benefit under this Article, that results from an amendment

to this Code that takes effect after June 1, 2005 (the

effective date of Public Act 94-4). "New benefit increase",

however, does not include any benefit increase resulting from

the changes made to Article 1 or this Article by Public Act

95-910, Public Act 100-23, Public Act 100-587, Public Act

100-743, Public Act 100-769, Public Act 101-10, Public Act

101-49, Public Act 102-16, or Public Act 102-871 Public Act

102-16 this amendatory Act of the 102nd General Assembly.

(b) Notwithstanding any other provision of this Code or

any subsequent amendment to this Code, every new benefit

increase is subject to this Section and shall be deemed to be

granted only in conformance with and contingent upon

compliance with the provisions of this Section.

(c) The Public Act enacting a new benefit increase must

identify and provide for payment to the System of additional

funding at least sufficient to fund the resulting annual

increase in cost to the System as it accrues.

Every new benefit increase is contingent upon the General

Assembly providing the additional funding required under this

subsection. The Commission on Government Forecasting and

Accountability shall analyze whether adequate additional

funding has been provided for the new benefit increase and

shall report its analysis to the Public Pension Division of

the Department of Insurance. A new benefit increase created by

a Public Act that does not include the additional funding

required under this subsection is null and void. If the Public

Pension Division determines that the additional funding

provided for a new benefit increase under this subsection is

or has become inadequate, it may so certify to the Governor and

the State Comptroller and, in the absence of corrective action

by the General Assembly, the new benefit increase shall expire

at the end of the fiscal year in which the certification is

made.

(d) Every new benefit increase shall expire 5 years after

its effective date or on such earlier date as may be specified

in the language enacting the new benefit increase or provided

under subsection (c). This does not prevent the General

Assembly from extending or re-creating a new benefit increase

by law.

(e) Except as otherwise provided in the language creating

the new benefit increase, a new benefit increase that expires

under this Section continues to apply to persons who applied

and qualified for the affected benefit while the new benefit

increase was in effect and to the affected beneficiaries and

alternate payees of such persons, but does not apply to any

other person, including, without limitation, a person who

continues in service after the expiration date and did not

apply and qualify for the affected benefit while the new

benefit increase was in effect.

(Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19;

101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff.

8-20-21; 102-813, eff. 5-13-22; 102-871, eff. 5-13-22; revised

7-26-22.)

(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)

Sec. 17-149. Cancellation of pensions.

(a) If any person receiving a disability retirement

pension from the Fund is re-employed as a teacher by an

Employer, the pension shall be cancelled on the date the

re-employment begins, or on the first day of a payroll period

for which service credit was validated, whichever is earlier.

(b) If any person receiving a service retirement pension

from the Fund is re-employed as a teacher on a permanent or

annual basis by an Employer, the pension shall be cancelled on

the date the re-employment begins, or on the first day of a

payroll period for which service credit was validated,

whichever is earlier. However, subject to the limitations and

requirements of subsection subsections (c-5) or (c-10), (c-6),

and (c-7), or (c-10), the pension shall not be cancelled in the

case of a service retirement pensioner who is re-employed on a

temporary and non-annual basis or on an hourly basis.

(c) If the date of re-employment on a permanent or annual

basis occurs within 5 school months after the date of previous

retirement, exclusive of any vacation period, the member shall

be deemed to have been out of service only temporarily and not

permanently retired. Such person shall be entitled to pension

payments for the time he could have been employed as a teacher

and received salary, but shall not be entitled to pension for

or during the summer vacation prior to his return to service.

When the member again retires on pension, the time of

service and the money contributed by him during re-employment

shall be added to the time and money previously credited. Such

person must acquire 3 consecutive years of additional

contributing service before he may retire again on a pension

at a rate and under conditions other than those in force or

attained at the time of his previous retirement.

(c-5) For school years beginning on or after July 1, 2019

and before July 1, 2022, the service retirement pension shall

not be cancelled in the case of a service retirement pensioner

who is re-employed as a teacher on a temporary and non-annual

basis or on an hourly basis, so long as the person (1) does not

work as a teacher for compensation on more than 120 days in a

school year or (2) does not accept gross compensation for the

re-employment in a school year in excess of (i) $30,000 or (ii)

in the case of a person who retires with at least 5 years of

service as a principal, an amount that is equal to the daily

rate normally paid to retired principals multiplied by 100.

These limitations apply only to school years that begin on or

after July 1, 2019 and before July 1, 2022. Such re-employment

does not require contributions, result in service credit, or

constitute active membership in the Fund.

The service retirement pension shall not be cancelled in

the case of a service retirement pensioner who is re-employed

as a teacher on a temporary and non-annual basis or on an

hourly basis, so long as the person (1) does not work as a

teacher for compensation on more than 100 days in a school year

or (2) does not accept gross compensation for the

re-employment in a school year in excess of (i) $30,000 or (ii)

in the case of a person who retires with at least 5 years of

service as a principal, an amount that is equal to the daily

rate normally paid to retired principals multiplied by 100.

These limitations apply only to school years that begin on or

after August 8, 2012 (the effective date of Public Act 97-912)

and before July 1, 2019. Such re-employment does not require

contributions, result in service credit, or constitute active

membership in the Fund.

Notwithstanding the 120-day limit set forth in item (1) of

this subsection (c-5), the service retirement pension shall

not be cancelled in the case of a service retirement pensioner

who teaches only driver education courses after regular school

hours and does not teach any other subject area, so long as the

person does not work as a teacher for compensation for more

than 900 hours in a school year. The $30,000 limit set forth in

subitem (i) of item (2) of this subsection (c-5) shall apply to

a service retirement pensioner who teaches only driver

education courses after regular school hours and does not

teach any other subject area.

To be eligible for such re-employment without cancellation

of pension, the pensioner must notify the Fund and the Board of

Education of his or her intention to accept re-employment

under this subsection (c-5) before beginning that

re-employment (or if the re-employment began before August 8,

2012 (the effective date of Public Act 97-912) this amendatory

Act, then within 30 days after that effective date).

An Employer must certify to the Fund the temporary and

non-annual or hourly status and the compensation of each

pensioner re-employed under this subsection at least

quarterly, and when the pensioner is approaching the earnings

limitation under this subsection.

If the pensioner works more than 100 days or accepts

excess gross compensation for such re-employment in any school

year that begins on or after August 8, 2012 (the effective date

of Public Act 97-912), the service retirement pension shall

thereupon be cancelled.

If the pensioner who only teaches drivers education

courses after regular school hours works more than 900 hours

or accepts excess gross compensation for such re-employment in

any school year that begins on or after August 12, 2016 (the

effective date of Public Act 99-786) this amendatory Act of

the 99th General Assembly, the service retirement pension

shall thereupon be cancelled.

If the pensioner works more than 120 days or accepts

excess gross compensation for such re-employment in any school

year that begins on or after July 1, 2019, the service

retirement pension shall thereupon be cancelled.

The Board of the Fund shall adopt rules for the

implementation and administration of this subsection.

(c-6) For school years beginning on or after July 1, 2022

and before July 1, 2024, the service retirement pension shall

not be cancelled in the case of a service retirement pensioner

who is re-employed as a teacher or an administrator on a

temporary and non-annual basis or on an hourly basis bases, so

long as the person does not work as a teacher or an

administrator for compensation on more than 140 days in a

school year. Such re-employment does not require

contributions, result in service credit, or constitute active

membership in the Fund.

(c-7) For school years beginning on or after July 1, 2024,

the service retirement pension shall not be cancelled in the

case of a service retirement pensioner who is re-employed as a

teacher or an administrator on a temporary and non-annual

basis or on an hourly basis, so long as the person does not

work as a teacher or an administrator for compensation on more

than 120 days in a school year. Such re-employment does not

require contributions, result in service credit, or constitute

active membership in the Fund.

(c-10) Until June 30, 2024, the service retirement pension

of a service retirement pensioner shall not be cancelled if

the service retirement pensioner is employed in a subject

shortage area and the Employer that is employing the service

retirement pensioner meets the following requirements:

(1) If the Employer has honorably dismissed, within

the calendar year preceding the beginning of the school

term for which it seeks to employ a service retirement

pensioner under this subsection, any teachers who are

legally qualified to hold positions in the subject

shortage area and have not yet begun to receive their

service retirement pensions under this Article, the vacant

positions must first be tendered to those teachers.

(2) For a period of at least 90 days during the 6

months preceding the beginning of either the fall or

spring term for which it seeks to employ a service

retirement pensioner under this subsection, the Employer

must, on an ongoing basis, (i) advertise its vacancies in

the subject shortage area in employment bulletins

published by college and university placement offices

located near the school; (ii) search for teachers legally

qualified to fill those vacancies through the Illinois

Education Job Bank; and (iii) post all vacancies on the

Employer's website and list the vacancy in an online job

portal or database.

An Employer of a teacher who is unable to continue

employment with the Employer because of documented illness,

injury, or disability that occurred after being hired by the

Employer under this subsection is exempt from the provisions

of paragraph (2) for 90 school days. However, the Employer

must on an ongoing basis comply with items (i), (ii), and (iii)

of paragraph (2).

The Employer must submit documentation of its compliance

with this subsection to the regional superintendent. Upon

receiving satisfactory documentation from the Employer, the

regional superintendent shall certify the Employer's

compliance with this subsection to the Fund.

(d) Notwithstanding Sections 1-103.1 and 17-157, the

changes to this Section made by Public Act 90-32 apply without

regard to whether termination of service occurred before the

effective date of that Act and apply retroactively to August

23, 1989.

Notwithstanding Sections 1-103.1 and 17-157, the changes

to this Section and Section 17-106 made by Public Act 92-599

apply without regard to whether termination of service

occurred before June 28, 2002 (the effective date of Public

Act 92-599) that Act.

Notwithstanding Sections 1-103.1 and 17-157, the changes

to this Section made by Public Act 97-912 this amendatory Act

of the 97th General Assembly apply without regard to whether

termination of service occurred before August 8, 2012 (the

effective date of Public Act 97-912) this amendatory Act.

(Source: P.A. 101-340, eff. 8-9-19; 102-1013, eff. 5-27-22;

102-1090, eff. 6-10-22; revised 7-27-22.)

Section 230. The Public Building Commission Act is amended

by changing Section 3 as follows:

(50 ILCS 20/3) (from Ch. 85, par. 1033)

Sec. 3. The following terms, wherever used, or referred to

in this Act, mean unless the context clearly requires a

different meaning:

(a) "Commission" means a Public Building Commission

created pursuant to this Act.

(b) "Commissioner" or "Commissioners" means a

Commissioner or Commissioners of a Public Building

Commission.

(c) "County seat" means a city, village, or town which

is the county seat of a county.

(d) "Municipality" means any city, village, or

incorporated town of the State of Illinois.

(e) "Municipal corporation" includes a county, city,

village, town, (including a county seat), park district,

school district in a county of 3,000,000 or more

population, board of education of a school district in a

county of 3,000,000 or more population, sanitary district,

airport authority contiguous with the County Seat as of

July 1, 1969, and any other municipal body or governmental

agency of the State, and, until July 1, 2011, a school

district that (i) was organized prior to 1860, (ii) is

located in part in a city originally incorporated prior to

1840, and (iii) entered into a lease with a Commission

prior to 1993, and its board of education, but does not

include a school district in a county of less than

3,000,000 population, a board of education of a school

district in a county of less than 3,000,000 population, or

a community college district in a county of less than

3,000,000 population, except that, until July 1, 2011, a

school district that (i) was organized prior to 1860, (ii)

is located in part in a city originally incorporated prior

to 1840, and (iii) entered into a lease with a Commission

prior to 1993, and its board of education, are included.

(f) "Governing body" includes a city council, county

board, or any other body or board, by whatever name it may

be known, charged with the governing of a municipal

corporation.

(g) "Presiding officer" includes the mayor or

president of a city, village, or town, the presiding

officer of a county board, or the presiding officer of any

other board or commission, as the case may be.

(h) "Oath" means oath or affirmation.

(i) "Building" means an improvement to real estate to

be made available for use by a municipal corporation for

the furnishing of governmental services to its citizens,

together with any land or interest in land necessary or

useful in connection with the improvement.

(j) "Delivery system" means the design and

construction approach used to develop and construct a

project.

(k) "Design-bid-build" means the traditional delivery

system used on public projects that incorporates the Local

Government Professional Services Selection Act (50 ILCS

510/) and the principles of competitive selection.

(l) "Design-build" means a delivery system that

provides responsibility within a single contract for the

furnishing of architecture, engineering, land surveying,

and related services as required, and the labor,

materials, equipment, and other construction services for

the project.

(m) "Design-build contract" means a contract for a

public project under this Act between the Commission and a

design-build entity to furnish architecture, engineering,

land surveying, and related services as required, and to

furnish the labor, materials, equipment, and other

construction services for the project. The design-build

contract may be conditioned upon subsequent refinements in

scope and price and may allow the Commission to make

modifications in the project scope without invalidating

the design-build contract.

(n) "Design-build entity" means any individual, sole

proprietorship, firm, partnership, joint venture,

corporation, professional corporation, or other entity

that proposes to design and construct any public project

under this Act. A design-build entity and associated

design-build professionals shall conduct themselves in

accordance with the laws of this State and the related

provisions of the Illinois Administrative Code, as

referenced by the licensed design professionals Acts of

this State.

(o) "Design professional" means any individual, sole

proprietorship, firm, partnership, joint venture,

corporation, professional corporation, or other entity

that offers services under the Illinois Architecture

Practice Act of 1989 (225 ILCS 305/), the Professional

Engineering Practice Act of 1989 (225 ILCS 325/), the

Structural Engineering Practice Licensing Act of 1989 (225

ILCS 340/), or the Illinois Professional Land Surveyor Act

of 1989 (225 ILCS 330/).

(p) "Evaluation criteria" means the requirements for

the separate phases of the selection process for

design-build proposals as defined in this Act and may

include the specialized experience, technical

qualifications and competence, capacity to perform, past

performance, experience with similar projects, assignment

of personnel to the project, and other appropriate

factors. Price may not be used as a factor in the

evaluation of Phase I proposals.

(q) "Proposal" means the offer to enter into a

design-build contract as submitted by a design-build

entity in accordance with this Act.

(r) "Request for proposal" means the document used by

the Commission to solicit proposals for a design-build

contract.

(s) "Scope and performance criteria" means the

requirements for the public project, including, but not

limited to, the intended usage, capacity, size, scope,

quality and performance standards, life-cycle costs, and

other programmatic criteria that are expressed in

performance-oriented and quantifiable specifications and

drawings that can be reasonably inferred and are suited to

allow a design-build entity to develop a proposal.

(t) "Guaranteed maximum price" means a form of

contract in which compensation may vary according to the

scope of work involved but in any case may not exceed an

agreed total amount.

Definitions in this Section with respect to design-build

shall have no effect beginning on June 1, 2023; provided that

any design-build contracts entered into before such date or

any procurement of a project under this Act commenced before

such date, and the contracts resulting from those

procurements, shall remain effective. The actions of any

person or entity taken on or after June 1, 2013 and before

January 7, 2014 (the effective date of Public Act 98-619) this

amendatory Act of the 98th General Assembly in reliance on the

provisions of this Section with respect to design-build

continuing to be effective are hereby validated.

(Source: P.A. 100-736, eff. 1-1-19; revised 8-23-22.)

Section 235. The Illinois Police Training Act is amended

by changing Sections 7, 8.1, 10.6, and 10.19 as follows:

(50 ILCS 705/7)

(Text of Section before amendment by P.A. 102-982)

Sec. 7. Rules and standards for schools. The Board shall

adopt rules and minimum standards for such schools which shall

include, but not be limited to, the following:

a. The curriculum for probationary law enforcement

officers which shall be offered by all certified schools

shall include, but not be limited to, courses of

procedural justice, arrest and use and control tactics,

search and seizure, including temporary questioning, civil

rights, human rights, human relations, cultural

competency, including implicit bias and racial and ethnic

sensitivity, criminal law, law of criminal procedure,

constitutional and proper use of law enforcement

authority, crisis intervention training, vehicle and

traffic law including uniform and non-discriminatory

enforcement of the Illinois Vehicle Code, traffic control

and accident investigation, techniques of obtaining

physical evidence, court testimonies, statements, reports,

firearms training, training in the use of electronic

control devices, including the psychological and

physiological effects of the use of those devices on

humans, first-aid (including cardiopulmonary

resuscitation), training in the administration of opioid

antagonists as defined in paragraph (1) of subsection (e)

of Section 5-23 of the Substance Use Disorder Act,

handling of juvenile offenders, recognition of mental

conditions and crises, including, but not limited to, the

disease of addiction, which require immediate assistance

and response and methods to safeguard and provide

assistance to a person in need of mental treatment,

recognition of abuse, neglect, financial exploitation, and

self-neglect of adults with disabilities and older adults,

as defined in Section 2 of the Adult Protective Services

Act, crimes against the elderly, law of evidence, the

hazards of high-speed police vehicle chases with an

emphasis on alternatives to the high-speed chase, and

physical training. The curriculum shall include specific

training in techniques for immediate response to and

investigation of cases of domestic violence and of sexual

assault of adults and children, including cultural

perceptions and common myths of sexual assault and sexual

abuse as well as interview techniques that are age

sensitive and are trauma informed, victim centered, and

victim sensitive. The curriculum shall include training in

techniques designed to promote effective communication at

the initial contact with crime victims and ways to

comprehensively explain to victims and witnesses their

rights under the Rights of Crime Victims and Witnesses Act

and the Crime Victims Compensation Act. The curriculum

shall also include training in effective recognition of

and responses to stress, trauma, and post-traumatic stress

experienced by law enforcement officers that is consistent

with Section 25 of the Illinois Mental Health First Aid

Training Act in a peer setting, including recognizing

signs and symptoms of work-related cumulative stress,

issues that may lead to suicide, and solutions for

intervention with peer support resources. The curriculum

shall include a block of instruction addressing the

mandatory reporting requirements under the Abused and

Neglected Child Reporting Act. The curriculum shall also

include a block of instruction aimed at identifying and

interacting with persons with autism and other

developmental or physical disabilities, reducing barriers

to reporting crimes against persons with autism, and

addressing the unique challenges presented by cases

involving victims or witnesses with autism and other

developmental disabilities. The curriculum shall include

training in the detection and investigation of all forms

of human trafficking. The curriculum shall also include

instruction in trauma-informed responses designed to

ensure the physical safety and well-being of a child of an

arrested parent or immediate family member; this

instruction must include, but is not limited to: (1)

understanding the trauma experienced by the child while

maintaining the integrity of the arrest and safety of

officers, suspects, and other involved individuals; (2)

de-escalation tactics that would include the use of force

when reasonably necessary; and (3) inquiring whether a

child will require supervision and care. The curriculum

for probationary law enforcement officers shall include:

(1) at least 12 hours of hands-on, scenario-based

role-playing; (2) at least 6 hours of instruction on use

of force techniques, including the use of de-escalation

techniques to prevent or reduce the need for force

whenever safe and feasible; (3) specific training on

officer safety techniques, including cover, concealment,

and time; and (4) at least 6 hours of training focused on

high-risk traffic stops. The curriculum for permanent law

enforcement officers shall include, but not be limited to:

(1) refresher and in-service training in any of the

courses listed above in this subparagraph, (2) advanced

courses in any of the subjects listed above in this

subparagraph, (3) training for supervisory personnel, and

(4) specialized training in subjects and fields to be

selected by the board. The training in the use of

electronic control devices shall be conducted for

probationary law enforcement officers, including

University police officers. The curriculum shall also

include training on the use of a firearms restraining

order by providing instruction on the process used to file

a firearms restraining order and how to identify

situations in which a firearms restraining order is

appropriate.

b. Minimum courses of study, attendance requirements

and equipment requirements.

c. Minimum requirements for instructors.

d. Minimum basic training requirements, which a

probationary law enforcement officer must satisfactorily

complete before being eligible for permanent employment as

a local law enforcement officer for a participating local

governmental or State governmental agency. Those

requirements shall include training in first aid

(including cardiopulmonary resuscitation).

e. Minimum basic training requirements, which a

probationary county corrections officer must

satisfactorily complete before being eligible for

permanent employment as a county corrections officer for a

participating local governmental agency.

f. Minimum basic training requirements which a

probationary court security officer must satisfactorily

complete before being eligible for permanent employment as

a court security officer for a participating local

governmental agency. The Board shall establish those

training requirements which it considers appropriate for

court security officers and shall certify schools to

conduct that training.

A person hired to serve as a court security officer

must obtain from the Board a certificate (i) attesting to

the officer's successful completion of the training

course; (ii) attesting to the officer's satisfactory

completion of a training program of similar content and

number of hours that has been found acceptable by the

Board under the provisions of this Act; or (iii) attesting

to the Board's determination that the training course is

unnecessary because of the person's extensive prior law

enforcement experience.

Individuals who currently serve as court security

officers shall be deemed qualified to continue to serve in

that capacity so long as they are certified as provided by

this Act within 24 months of June 1, 1997 (the effective

date of Public Act 89-685). Failure to be so certified,

absent a waiver from the Board, shall cause the officer to

forfeit his or her position.

All individuals hired as court security officers on or

after June 1, 1997 (the effective date of Public Act

89-685) shall be certified within 12 months of the date of

their hire, unless a waiver has been obtained by the

Board, or they shall forfeit their positions.

The Sheriff's Merit Commission, if one exists, or the

Sheriff's Office if there is no Sheriff's Merit

Commission, shall maintain a list of all individuals who

have filed applications to become court security officers

and who meet the eligibility requirements established

under this Act. Either the Sheriff's Merit Commission, or

the Sheriff's Office if no Sheriff's Merit Commission

exists, shall establish a schedule of reasonable intervals

for verification of the applicants' qualifications under

this Act and as established by the Board.

g. Minimum in-service training requirements, which a

law enforcement officer must satisfactorily complete every

3 years. Those requirements shall include constitutional

and proper use of law enforcement authority, procedural

justice, civil rights, human rights, reporting child abuse

and neglect, and cultural competency, including implicit

bias and racial and ethnic sensitivity. These trainings

shall consist of at least 30 hours of training every 3

years.

h. Minimum in-service training requirements, which a

law enforcement officer must satisfactorily complete at

least annually. Those requirements shall include law

updates, emergency medical response training and

certification, crisis intervention training, and officer

wellness and mental health.

i. Minimum in-service training requirements as set

forth in Section 10.6.

The amendatory changes to this Section made by Public Act

101-652 shall take effect January 1, 2022.

Notwithstanding any provision of law to the contrary, the

changes made to this Section by this amendatory Act of the

102nd General Assembly, Public Act 101-652, and Public Act

102-28, and Public Act 102-694 take effect July 1, 2022.

(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;

101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.

8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section

10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.

1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,

eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 7. Rules and standards for schools. The Board shall

adopt rules and minimum standards for such schools which shall

include, but not be limited to, the following:

a. The curriculum for probationary law enforcement

officers which shall be offered by all certified schools

shall include, but not be limited to, courses of

procedural justice, arrest and use and control tactics,

search and seizure, including temporary questioning, civil

rights, human rights, human relations, cultural

competency, including implicit bias and racial and ethnic

sensitivity, criminal law, law of criminal procedure,

constitutional and proper use of law enforcement

authority, crisis intervention training, vehicle and

traffic law including uniform and non-discriminatory

enforcement of the Illinois Vehicle Code, traffic control

and crash investigation, techniques of obtaining physical

evidence, court testimonies, statements, reports, firearms

training, training in the use of electronic control

devices, including the psychological and physiological

effects of the use of those devices on humans, first-aid

(including cardiopulmonary resuscitation), training in the

administration of opioid antagonists as defined in

paragraph (1) of subsection (e) of Section 5-23 of the

Substance Use Disorder Act, handling of juvenile

offenders, recognition of mental conditions and crises,

including, but not limited to, the disease of addiction,

which require immediate assistance and response and

methods to safeguard and provide assistance to a person in

need of mental treatment, recognition of abuse, neglect,

financial exploitation, and self-neglect of adults with

disabilities and older adults, as defined in Section 2 of

the Adult Protective Services Act, crimes against the

elderly, law of evidence, the hazards of high-speed police

vehicle chases with an emphasis on alternatives to the

high-speed chase, and physical training. The curriculum

shall include specific training in techniques for

immediate response to and investigation of cases of

domestic violence and of sexual assault of adults and

children, including cultural perceptions and common myths

of sexual assault and sexual abuse as well as interview

techniques that are age sensitive and are trauma informed,

victim centered, and victim sensitive. The curriculum

shall include training in techniques designed to promote

effective communication at the initial contact with crime

victims and ways to comprehensively explain to victims and

witnesses their rights under the Rights of Crime Victims

and Witnesses Act and the Crime Victims Compensation Act.

The curriculum shall also include training in effective

recognition of and responses to stress, trauma, and

post-traumatic stress experienced by law enforcement

officers that is consistent with Section 25 of the

Illinois Mental Health First Aid Training Act in a peer

setting, including recognizing signs and symptoms of

work-related cumulative stress, issues that may lead to

suicide, and solutions for intervention with peer support

resources. The curriculum shall include a block of

instruction addressing the mandatory reporting

requirements under the Abused and Neglected Child

Reporting Act. The curriculum shall also include a block

of instruction aimed at identifying and interacting with

persons with autism and other developmental or physical

disabilities, reducing barriers to reporting crimes

against persons with autism, and addressing the unique

challenges presented by cases involving victims or

witnesses with autism and other developmental

disabilities. The curriculum shall include training in the

detection and investigation of all forms of human

trafficking. The curriculum shall also include instruction

in trauma-informed responses designed to ensure the

physical safety and well-being of a child of an arrested

parent or immediate family member; this instruction must

include, but is not limited to: (1) understanding the

trauma experienced by the child while maintaining the

integrity of the arrest and safety of officers, suspects,

and other involved individuals; (2) de-escalation tactics

that would include the use of force when reasonably

necessary; and (3) inquiring whether a child will require

supervision and care. The curriculum for probationary law

enforcement officers shall include: (1) at least 12 hours

of hands-on, scenario-based role-playing; (2) at least 6

hours of instruction on use of force techniques, including

the use of de-escalation techniques to prevent or reduce

the need for force whenever safe and feasible; (3)

specific training on officer safety techniques, including

cover, concealment, and time; and (4) at least 6 hours of

training focused on high-risk traffic stops. The

curriculum for permanent law enforcement officers shall

include, but not be limited to: (1) refresher and

in-service training in any of the courses listed above in

this subparagraph, (2) advanced courses in any of the

subjects listed above in this subparagraph, (3) training

for supervisory personnel, and (4) specialized training in

subjects and fields to be selected by the board. The

training in the use of electronic control devices shall be

conducted for probationary law enforcement officers,

including University police officers. The curriculum shall

also include training on the use of a firearms restraining

order by providing instruction on the process used to file

a firearms restraining order and how to identify

situations in which a firearms restraining order is

appropriate.

b. Minimum courses of study, attendance requirements

and equipment requirements.

c. Minimum requirements for instructors.

d. Minimum basic training requirements, which a

probationary law enforcement officer must satisfactorily

complete before being eligible for permanent employment as

a local law enforcement officer for a participating local

governmental or State governmental agency. Those

requirements shall include training in first aid

(including cardiopulmonary resuscitation).

e. Minimum basic training requirements, which a

probationary county corrections officer must

satisfactorily complete before being eligible for

permanent employment as a county corrections officer for a

participating local governmental agency.

f. Minimum basic training requirements which a

probationary court security officer must satisfactorily

complete before being eligible for permanent employment as

a court security officer for a participating local

governmental agency. The Board shall establish those

training requirements which it considers appropriate for

court security officers and shall certify schools to

conduct that training.

A person hired to serve as a court security officer

must obtain from the Board a certificate (i) attesting to

the officer's successful completion of the training

course; (ii) attesting to the officer's satisfactory

completion of a training program of similar content and

number of hours that has been found acceptable by the

Board under the provisions of this Act; or (iii) attesting

to the Board's determination that the training course is

unnecessary because of the person's extensive prior law

enforcement experience.

Individuals who currently serve as court security

officers shall be deemed qualified to continue to serve in

that capacity so long as they are certified as provided by

this Act within 24 months of June 1, 1997 (the effective

date of Public Act 89-685). Failure to be so certified,

absent a waiver from the Board, shall cause the officer to

forfeit his or her position.

All individuals hired as court security officers on or

after June 1, 1997 (the effective date of Public Act

89-685) shall be certified within 12 months of the date of

their hire, unless a waiver has been obtained by the

Board, or they shall forfeit their positions.

The Sheriff's Merit Commission, if one exists, or the

Sheriff's Office if there is no Sheriff's Merit

Commission, shall maintain a list of all individuals who

have filed applications to become court security officers

and who meet the eligibility requirements established

under this Act. Either the Sheriff's Merit Commission, or

the Sheriff's Office if no Sheriff's Merit Commission

exists, shall establish a schedule of reasonable intervals

for verification of the applicants' qualifications under

this Act and as established by the Board.

g. Minimum in-service training requirements, which a

law enforcement officer must satisfactorily complete every

3 years. Those requirements shall include constitutional

and proper use of law enforcement authority, procedural

justice, civil rights, human rights, reporting child abuse

and neglect, and cultural competency, including implicit

bias and racial and ethnic sensitivity. These trainings

shall consist of at least 30 hours of training every 3

years.

h. Minimum in-service training requirements, which a

law enforcement officer must satisfactorily complete at

least annually. Those requirements shall include law

updates, emergency medical response training and

certification, crisis intervention training, and officer

wellness and mental health.

i. Minimum in-service training requirements as set

forth in Section 10.6.

The amendatory changes to this Section made by Public Act

101-652 shall take effect January 1, 2022.

Notwithstanding any provision of law to the contrary, the

changes made to this Section by this amendatory Act of the

102nd General Assembly, Public Act 101-652, and Public Act

102-28, and Public Act 102-694 take effect July 1, 2022.

(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;

101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.

8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section

10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.

1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,

eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23;

revised 8-11-22.)

(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)

Sec. 8.1. Full-time law enforcement and county corrections

officers.

(a) No person shall receive a permanent appointment as a

law enforcement officer or a permanent appointment as a county

corrections officer unless that person has been awarded,

within 6 months of the officer's initial full-time employment,

a certificate attesting to the officer's successful completion

of the Minimum Standards Basic Law Enforcement or County

Correctional Training Course as prescribed by the Board; or

has been awarded a certificate attesting to the officer's

satisfactory completion of a training program of similar

content and number of hours and which course has been found

acceptable by the Board under the provisions of this Act; or a

training waiver by reason of extensive prior law enforcement

or county corrections experience the basic training

requirement is determined by the Board to be illogical and

unreasonable.

If such training is required and not completed within the

applicable 6 months, then the officer must forfeit the

officer's position, or the employing agency must obtain a

waiver from the Board extending the period for compliance.

Such waiver shall be issued only for good and justifiable

reasons, and in no case shall extend more than 90 days beyond

the initial 6 months. Any hiring agency that fails to train a

law enforcement officer within this period shall be prohibited

from employing this individual in a law enforcement capacity

for one year from the date training was to be completed. If an

agency again fails to train the individual a second time, the

agency shall be permanently barred from employing this

individual in a law enforcement capacity.

An individual who is not certified by the Board or whose

certified status is inactive shall not function as a law

enforcement officer, be assigned the duties of a law

enforcement officer by an employing agency, or be authorized

to carry firearms under the authority of the employer, except

as otherwise authorized to carry a firearm under State or

federal law. Sheriffs who are elected as of January 1, 2022

(the effective date of Public Act 101-652) this amendatory Act

of the 101st General Assembly, are exempt from the requirement

of certified status. Failure to be certified in accordance

with this Act shall cause the officer to forfeit the officer's

position.

An employing agency may not grant a person status as a law

enforcement officer unless the person has been granted an

active law enforcement officer certification by the Board.

(b) Inactive status. A person who has an inactive law

enforcement officer certification has no law enforcement

authority.

(1) A law enforcement officer's certification becomes

inactive upon termination, resignation, retirement, or

separation from the officer's employing law enforcement

agency for any reason. The Board shall re-activate a

certification upon written application from the law

enforcement officer's law enforcement agency that shows

the law enforcement officer: (i) has accepted a full-time

law enforcement position with that law enforcement agency,

(ii) is not the subject of a decertification proceeding,

and (iii) meets all other criteria for re-activation

required by the Board. The Board may also establish

special training requirements to be completed as a

condition for re-activation.

The Board shall review a notice for reactivation from

a law enforcement agency and provide a response within 30

days. The Board may extend this review. A law enforcement

officer shall be allowed to be employed as a full-time law

enforcement officer while the law enforcement officer

reactivation waiver is under review.

A law enforcement officer who is refused reactivation

or an employing agency of a law enforcement officer who is

refused reactivation under this Section may request a

hearing in accordance with the hearing procedures as

outlined in subsection (h) of Section 6.3 of this Act.

The Board may refuse to re-activate the certification

of a law enforcement officer who was involuntarily

terminated for good cause by an employing agency for

conduct subject to decertification under this Act or

resigned or retired after receiving notice of a law

enforcement agency's investigation.

(2) A law enforcement agency may place an officer who

is currently certified on inactive status by sending a

written request to the Board. A law enforcement officer

whose certificate has been placed on inactive status shall

not function as a law enforcement officer until the

officer has completed any requirements for reactivating

the certificate as required by the Board. A request for

inactive status in this subsection shall be in writing,

accompanied by verifying documentation, and shall be

submitted to the Board with a copy to the chief

administrator of the law enforcement officer's current or

new employing agency.

(3) Certification that has become inactive under

paragraph (2) of this subsection (b), shall be reactivated

by written notice from the law enforcement officer's

agency upon a showing that the law enforcement officer is:

(i) is employed in a full-time law enforcement position

with the same law enforcement agency, (ii) is not the

subject of a decertification proceeding, and (iii) meets

all other criteria for re-activation required by the

Board.

(4) Notwithstanding paragraph (3) of this subsection

(b), a law enforcement officer whose certification has

become inactive under paragraph (2) may have the officer's

employing agency submit a request for a waiver of training

requirements to the Board in writing and accompanied by

any verifying documentation.. A grant of a waiver is

within the discretion of the Board. Within 7 days of

receiving a request for a waiver under this Section

section, the Board shall notify the law enforcement

officer and the chief administrator of the law enforcement

officer's employing agency, whether the request has been

granted, denied, or if the Board will take additional time

for information. A law enforcement agency, whose request

for a waiver under this subsection is denied, is entitled

to request a review of the denial by the Board. The law

enforcement agency must request a review within 20 days of

the waiver being denied. The burden of proof shall be on

the law enforcement agency to show why the law enforcement

officer is entitled to a waiver of the legislatively

required training and eligibility requirements.

(c) No provision of this Section shall be construed to

mean that a county corrections officer employed by a

governmental agency at the time of the effective date of this

amendatory Act, either as a probationary county corrections

officer or as a permanent county corrections officer, shall

require certification under the provisions of this Section. No

provision of this Section shall be construed to apply to

certification of elected county sheriffs.

(d) Within 14 days, a law enforcement officer shall report

to the Board: (1) any name change; (2) any change in

employment; or (3) the filing of any criminal indictment or

charges against the officer alleging that the officer

committed any offense as enumerated in Section 6.1 of this

Act.

(e) All law enforcement officers must report the

completion of the training requirements required in this Act

in compliance with Section 8.4 of this Act.

(e-1) Each employing law enforcement agency shall allow

and provide an opportunity for a law enforcement officer to

complete the mandated requirements in this Act. All mandated

training shall will be provided for at no cost to the

employees. Employees shall be paid for all time spent

attending mandated training.

(e-2) Each agency, academy, or training provider shall

maintain proof of a law enforcement officer's completion of

legislatively required training in a format designated by the

Board. The report of training shall be submitted to the Board

within 30 days following completion of the training. A copy of

the report shall be submitted to the law enforcement officer.

Upon receipt of a properly completed report of training, the

Board will make the appropriate entry into the training

records of the law enforcement officer.

(f) This Section does not apply to part-time law

enforcement officers or probationary part-time law enforcement

officers.

(g) Notwithstanding any provision of law to the contrary,

the changes made to this Section by this amendatory Act of the

102nd General Assembly, Public Act 101-652, and Public Act

102-28, and Public Act 102-694 take effect July 1, 2022.

(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;

102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)

(50 ILCS 705/10.6)

Sec. 10.6. Mandatory training to be completed every 3

years.

(a) The Board shall adopt rules and minimum standards for

in-service training requirements as set forth in this Section.

The training shall provide officers with knowledge of policies

and laws regulating the use of force; equip officers with

tactics and skills, including de-escalation techniques, to

prevent or reduce the need to use force or, when force must be

used, to use force that is objectively reasonable, necessary,

and proportional under the totality of the circumstances; and

ensure appropriate supervision and accountability. The

training shall include:

(1) At least 12 hours of hands-on, scenario-based

role-playing.

(2) At least 6 hours of instruction on use of force

techniques, including the use of de-escalation techniques

to prevent or reduce the need for force whenever safe and

feasible.

(3) Specific training on the law concerning stops,

searches, and the use of force under the Fourth Amendment

to the United States Constitution.

(4) Specific training on officer safety techniques,

including cover, concealment, and time.

(5) At least 6 hours of training focused on high-risk

traffic stops.

(b) Notwithstanding any provision of law to the contrary,

the changes made to this Section by this amendatory Act of the

102nd General Assembly, Public Act 101-652, and Public Act

102-28, and Public Act 102-694 take effect July 1, 2022.

This Section takes effect January 1, 2022.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

102-694, eff. 1-7-22; revised 2-3-22.)

(50 ILCS 705/10.19)

Sec. 10.19. Training; administration of epinephrine.

(a) This Section, along with Section 40 of the Illinois

State Police Act, may be referred to as the Annie LeGere Law.

(b) For purposes of this Section, "epinephrine

auto-injector" means a single-use device used for the

automatic injection of a pre-measured dose of epinephrine into

the human body prescribed in the name of a local law

enforcement agency.

(c) The Board shall conduct or approve an optional

advanced training program for law enforcement officers to

recognize and respond to anaphylaxis, including the

administration of an epinephrine auto-injector. The training

must include, but is not limited to:

(1) how to recognize symptoms of an allergic reaction;

(2) how to respond to an emergency involving an

allergic reaction;

(3) how to administer an epinephrine auto-injector;

(4) how to respond to an individual with a known

allergy as well as an individual with a previously unknown

allergy;

(5) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an

epinephrine auto-injector; and

(6) other criteria as determined in rules adopted by

the Board.

(d) A local law enforcement agency may authorize a law

enforcement officer who has completed an optional advanced

training program under subsection (c) to carry, administer, or

assist with the administration of epinephrine auto-injectors

provided by the local law enforcement agency whenever the

officer is performing official duties.

(e) A local law enforcement agency that authorizes its

officers to carry and administer epinephrine auto-injectors

under subsection (d) must establish a policy to control the

acquisition, storage, transportation, administration, and

disposal of epinephrine auto-injectors and to provide

continued training in the administration of epinephrine

auto-injectors.

(f) A physician, physician physician's assistant with

prescriptive authority, or advanced practice registered nurse

with prescriptive authority may provide a standing protocol or

prescription for epinephrine auto-injectors in the name of a

local law enforcement agency to be maintained for use when

necessary.

(g) When a law enforcement officer administers an

epinephrine auto-injector in good faith, the law enforcement

officer and local law enforcement agency, and its employees

and agents, including a physician, physician physician's

assistant with prescriptive authority, or advanced practice

registered nurse with prescriptive authority who provides a

standing order or prescription for an epinephrine

auto-injector, incur no civil or professional liability,

except for willful and wanton conduct, or as a result of any

injury or death arising from the use of an epinephrine

auto-injector.

(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;

102-694, eff. 1-7-22; revised 2-3-22.)

Section 240. The Police and Community Relations

Improvement Act is amended by changing Section 1-10 as

follows:

(50 ILCS 727/1-10)

Sec. 1-10. Investigation of officer-involved deaths;

requirements.

(a) Each law enforcement agency shall have a written

policy regarding the investigation of officer-involved deaths

that involve a law enforcement officer employed by that law

enforcement agency.

(b) Each officer-involved death investigation shall be

conducted by at least 2 investigators, or an entity or agency

comprised of at least 2 investigators, one of whom is the lead

investigator. The lead investigator shall be a person

certified by the Illinois Law Enforcement Training Standards

Board as a Lead Homicide Investigator, or similar training

approved by the Illinois Law Enforcement Training Standards

Board or the Illinois State Police, or similar training

provided at an Illinois Law Enforcement Training Standards

Board certified school. No investigator involved in the

investigation may be employed by the law enforcement agency

that employs the officer involved in the officer-involved

death, unless the investigator is employed by the Illinois

State Police and is not assigned to the same division or unit

as the officer involved in the death.

(c) In addition to the requirements of subsection (b) of

this Section, if the officer-involved death being investigated

involves a motor vehicle crash, at least one investigator

shall be certified by the Illinois Law Enforcement Training

Standards Board as a Crash Reconstruction Specialist, or

similar training approved by the Illinois Law Enforcement

Training Standards Board or the Illinois State Police, or

similar training provided at an Illinois Law Enforcement

Training Standards Board certified school. Notwithstanding the

requirements of subsection (b) of this Section, the policy for

a law enforcement agency, when the officer-involved death

being investigated involves a motor vehicle collision, may

allow the use of an investigator who is employed by that law

enforcement agency and who is certified by the Illinois Law

Enforcement Training Standards Board as a Crash Reconstruction

Specialist, or similar training approved by the Illinois Law

Enforcement Training Standards Board, or similar certified

training approved by the Illinois State Police, or similar

training provided at an Illinois Law Enforcement Training

Standards Board certified school.

(d) The investigators conducting the investigation shall,

in an expeditious manner, provide a complete report to the

State's Attorney of the county in which the officer-involved

death occurred.

(e) If the State's Attorney, or a designated special

prosecutor, determines there is no basis to prosecute the law

enforcement officer involved in the officer-involved death, or

if the law enforcement officer is not otherwise charged or

indicted, the investigators shall publicly release a report.

(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23;

102-1071, eff. 6-10-22; revised 12-13-22.)

Section 245. The Emergency Telephone System Act is amended

by changing Section 15.4a as follows:

(50 ILCS 750/15.4a)

(Section scheduled to be repealed on December 31, 2023)

Sec. 15.4a. Consolidation.

(a) By July 1, 2017, and except as otherwise provided in

this Section, Emergency Telephone System Boards, Joint

Emergency Telephone System Boards, and PSAPs shall be

consolidated as follows, subject to subsections (b) and (c) of

this Section:

(1) In any county with a population of at least

250,000 that has a single Emergency Telephone System Board

and more than 2 PSAPs, the 9-1-1 Authority shall reduce

the number of PSAPs by at least 50% or to 2 PSAPs,

whichever is greater. Nothing in this paragraph shall

preclude consolidation resulting in one PSAP in the

county.

(2) In any county with a population of at least

250,000 that has more than one Emergency Telephone System

Board or , Joint Emergency Telephone System Board, any

9-1-1 Authority serving a population of less than 25,000

shall be consolidated such that no 9-1-1 Authority in the

county serves a population of less than 25,000.

(3) In any county with a population of at least

250,000 but less than 1,000,000 that has more than one

Emergency Telephone System Board or , Joint Emergency

Telephone System Board, each 9-1-1 Authority shall reduce

the number of PSAPs by at least 50% or to 2 PSAPs,

whichever is greater. Nothing in this paragraph shall

preclude consolidation of a 9-1-1 Authority into a Joint

Emergency Telephone System Board, and nothing in this

paragraph shall preclude consolidation resulting in one

PSAP in the county.

(4) In any county with a population of less than

250,000 that has a single Emergency Telephone System Board

and more than 2 PSAPs, the 9-1-1 Authority shall reduce

the number of PSAPs by at least 50% or to 2 PSAPs,

whichever is greater. Nothing in this paragraph shall

preclude consolidation resulting in one PSAP in the

county.

(5) In any county with a population of less than

250,000 that has more than one Emergency Telephone System

Board or Joint Emergency Telephone System Board and more

than 2 PSAPS, the 9-1-1 Authorities shall be consolidated

into a single joint board, and the number of PSAPs shall be

reduced by at least 50% or to 2 PSAPs, whichever is

greater. Nothing in this paragraph shall preclude

consolidation resulting in one PSAP in the county.

(6) Any 9-1-1 Authority that does not have a PSAP

within its jurisdiction shall be consolidated through an

intergovernmental agreement with an existing 9-1-1

Authority that has a PSAP to create a Joint Emergency

Telephone Board.

(7) The corporate authorities of each county that has

no 9-1-1 service as of January 1, 2016 shall provide 9-1-1

wireline and wireless 9-1-1 service for that county by

either (i) entering into an intergovernmental agreement

with an existing Emergency Telephone System Board to

create a new Joint Emergency Telephone System Board, or

(ii) entering into an intergovernmental agreement with the

corporate authorities that have created an existing Joint

Emergency Telephone System Board.

(b) By July 1, 2016, each county required to consolidate

pursuant to paragraph (7) of subsection (a) of this Section

and each 9-1-1 Authority required to consolidate pursuant to

paragraphs (1) through (6) of subsection (a) of this Section

shall file a plan for consolidation or a request for a waiver

pursuant to subsection (c) of this Section with the Office of

the Statewide 9-1-1 Administrator.

(1) No county or 9-1-1 Authority may avoid the

requirements of this Section by converting primary PSAPs

to secondary or virtual answering points; however, a PSAP

may be decommissioned. Staff from decommissioned PSAPs may

remain to perform nonemergency police, fire, or EMS

responsibilities. Any county or 9-1-1 Authority not in

compliance with this Section shall be ineligible to

receive consolidation grant funds issued under Section

15.4b of this Act or monthly disbursements otherwise due

under Section 30 of this Act, until the county or 9-1-1

Authority is in compliance.

(2) Within 60 calendar days of receiving a

consolidation plan or waiver, the Statewide 9-1-1 Advisory

Board shall hold at least one public hearing on the plan

and provide a recommendation to the Administrator. Notice

of the hearing shall be provided to the respective entity

to which the plan applies.

(3) Within 90 calendar days of receiving a

consolidation plan, the Administrator shall approve the

plan or waiver, approve the plan as modified, or grant a

waiver pursuant to subsection (c) of this Section. In

making his or her decision, the Administrator shall

consider any recommendation from the Statewide 9-1-1

Advisory Board regarding the plan. If the Administrator

does not follow the recommendation of the Board, the

Administrator shall provide a written explanation for the

deviation in his or her decision.

(4) The deadlines provided in this subsection may be

extended upon agreement between the Administrator and

entity which submitted the plan.

(c) A waiver from a consolidation required under

subsection (a) of this Section may be granted if the

Administrator finds that the consolidation will result in a

substantial threat to public safety, is economically

unreasonable, or is technically infeasible.

(d) Any decision of the Administrator under this Section

shall be deemed a final administrative decision and shall be

subject to judicial review under the Administrative Review

Law.

(Source: P.A. 102-9, eff. 6-3-21; revised 2-28-22.)

Section 250. The Counties Code is amended by changing

Sections 3-3013, 5-1006.7, 5-1182, 5-45025, and 6-30002 and

the heading of Division 4-13 as follows:

(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)

(Text of Section before amendment by P.A. 102-982)

Sec. 3-3013. Preliminary investigations; blood and urine

analysis; summoning jury; reports. Every coroner, whenever,

as soon as he knows or is informed that the dead body of any

person is found, or lying within his county, whose death is

suspected of being:

(a) A sudden or violent death, whether apparently

suicidal, homicidal, or accidental, including, but not

limited to, deaths apparently caused or contributed to by

thermal, traumatic, chemical, electrical, or radiational

injury, or a complication of any of them, or by drowning or

suffocation, or as a result of domestic violence as

defined in the Illinois Domestic Violence Act of 1986;

(b) A death due to a sex crime;

(c) A death where the circumstances are suspicious,

obscure, mysterious, or otherwise unexplained or where, in

the written opinion of the attending physician, the cause

of death is not determined;

(d) A death where addiction to alcohol or to any drug

may have been a contributory cause; or

(e) A death where the decedent was not attended by a

licensed physician;

shall go to the place where the dead body is, and take charge

of the same and shall make a preliminary investigation into

the circumstances of the death. In the case of death without

attendance by a licensed physician, the body may be moved with

the coroner's consent from the place of death to a mortuary in

the same county. Coroners in their discretion shall notify

such physician as is designated in accordance with Section

3-3014 to attempt to ascertain the cause of death, either by

autopsy or otherwise.

In cases of accidental death involving a motor vehicle in

which the decedent was (1) the operator or a suspected

operator of a motor vehicle, or (2) a pedestrian 16 years of

age or older, the coroner shall require that a blood specimen

of at least 30 cc., and if medically possible a urine specimen

of at least 30 cc. or as much as possible up to 30 cc., be

withdrawn from the body of the decedent in a timely fashion

after the accident causing his death, by such physician as has

been designated in accordance with Section 3-3014, or by the

coroner or deputy coroner or a qualified person designated by

such physician, coroner, or deputy coroner. If the county does

not maintain laboratory facilities for making such analysis,

the blood and urine so drawn shall be sent to the Illinois

State Police or any other accredited or State-certified

laboratory for analysis of the alcohol, carbon monoxide, and

dangerous or narcotic drug content of such blood and urine

specimens. Each specimen submitted shall be accompanied by

pertinent information concerning the decedent upon a form

prescribed by such laboratory. Any person drawing blood and

urine and any person making any examination of the blood and

urine under the terms of this Division shall be immune from all

liability, civil or criminal, that might otherwise be incurred

or imposed.

In all other cases coming within the jurisdiction of the

coroner and referred to in subparagraphs (a) through (e)

above, blood, and, whenever possible, urine samples shall be

analyzed for the presence of alcohol and other drugs. When the

coroner suspects that drugs may have been involved in the

death, either directly or indirectly, a toxicological

examination shall be performed which may include analyses of

blood, urine, bile, gastric contents, and other tissues. When

the coroner suspects a death is due to toxic substances, other

than drugs, the coroner shall consult with the toxicologist

prior to collection of samples. Information submitted to the

toxicologist shall include information as to height, weight,

age, sex, and race of the decedent as well as medical history,

medications used by, and the manner of death of the decedent.

When the coroner or medical examiner finds that the cause

of death is due to homicidal means, the coroner or medical

examiner shall cause blood and buccal specimens (tissue may be

submitted if no uncontaminated blood or buccal specimen can be

obtained), whenever possible, to be withdrawn from the body of

the decedent in a timely fashion. For proper preservation of

the specimens, collected blood and buccal specimens shall be

dried and tissue specimens shall be frozen if available

equipment exists. As soon as possible, but no later than 30

days after the collection of the specimens, the coroner or

medical examiner shall release those specimens to the police

agency responsible for investigating the death. As soon as

possible, but no later than 30 days after the receipt from the

coroner or medical examiner, the police agency shall submit

the specimens using the agency case number to a National DNA

Index System (NDIS) participating laboratory within this

State, such as the Illinois State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings. The results of the analysis and categorizing into

genetic marker groupings shall be provided to the Illinois

State Police and shall be maintained by the Illinois State

Police in the State central repository in the same manner, and

subject to the same conditions, as provided in Section 5-4-3

of the Unified Code of Corrections. The requirements of this

paragraph are in addition to any other findings, specimens, or

information that the coroner or medical examiner is required

to provide during the conduct of a criminal investigation.

In all counties, in cases of apparent suicide, homicide,

or accidental death or in other cases, within the discretion

of the coroner, the coroner may summon 8 persons of lawful age

from those persons drawn for petit jurors in the county. The

summons shall command these persons to present themselves

personally at such a place and time as the coroner shall

determine, and may be in any form which the coroner shall

determine and may incorporate any reasonable form of request

for acknowledgment which the coroner deems practical and

provides a reliable proof of service. The summons may be

served by first class mail. From the 8 persons so summoned, the

coroner shall select 6 to serve as the jury for the inquest.

Inquests may be continued from time to time, as the coroner may

deem necessary. The 6 jurors selected in a given case may view

the body of the deceased. If at any continuation of an inquest

one or more of the original jurors shall be unable to continue

to serve, the coroner shall fill the vacancy or vacancies. A

juror serving pursuant to this paragraph shall receive

compensation from the county at the same rate as the rate of

compensation that is paid to petit or grand jurors in the

county. The coroner shall furnish to each juror without fee at

the time of his discharge a certificate of the number of days

in attendance at an inquest, and, upon being presented with

such certificate, the county treasurer shall pay to the juror

the sum provided for his services.

In counties which have a jury commission, in cases of

apparent suicide or homicide or of accidental death, the

coroner may conduct an inquest. The jury commission shall

provide at least 8 jurors to the coroner, from whom the coroner

shall select any 6 to serve as the jury for the inquest.

Inquests may be continued from time to time as the coroner may

deem necessary. The 6 jurors originally chosen in a given case

may view the body of the deceased. If at any continuation of an

inquest one or more of the 6 jurors originally chosen shall be

unable to continue to serve, the coroner shall fill the

vacancy or vacancies. At the coroner's discretion, additional

jurors to fill such vacancies shall be supplied by the jury

commission. A juror serving pursuant to this paragraph in such

county shall receive compensation from the county at the same

rate as the rate of compensation that is paid to petit or grand

jurors in the county.

In every case in which a fire is determined to be a

contributing factor in a death, the coroner shall report the

death to the Office of the State Fire Marshal. The coroner

shall provide a copy of the death certificate (i) within 30

days after filing the permanent death certificate and (ii) in

a manner that is agreed upon by the coroner and the State Fire

Marshal.

In every case in which a drug overdose is determined to be

the cause or a contributing factor in the death, the coroner or

medical examiner shall report the death to the Department of

Public Health. The Department of Public Health shall adopt

rules regarding specific information that must be reported in

the event of such a death. If possible, the coroner shall

report the cause of the overdose. As used in this Section,

"overdose" has the same meaning as it does in Section 414 of

the Illinois Controlled Substances Act. The Department of

Public Health shall issue a semiannual report to the General

Assembly summarizing the reports received. The Department

shall also provide on its website a monthly report of overdose

death figures organized by location, age, and any other

factors, the Department deems appropriate.

In addition, in every case in which domestic violence is

determined to be a contributing factor in a death, the coroner

shall report the death to the Illinois State Police.

All deaths in State institutions and all deaths of wards

of the State or youth in care as defined in Section 4d of the

Children and Family Services Act in private care facilities or

in programs funded by the Department of Human Services under

its powers relating to mental health and developmental

disabilities or alcoholism and substance abuse or funded by

the Department of Children and Family Services shall be

reported to the coroner of the county in which the facility is

located. If the coroner has reason to believe that an

investigation is needed to determine whether the death was

caused by maltreatment or negligent care of the ward of the

State or youth in care as defined in Section 4d of the Children

and Family Services Act, the coroner may conduct a preliminary

investigation of the circumstances of such death as in cases

of death under circumstances set forth in subparagraphs

paragraphs (a) through (e) of this Section.

(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;

revised 8-23-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 3-3013. Preliminary investigations; blood and urine

analysis; summoning jury; reports. Every coroner, whenever,

as soon as he knows or is informed that the dead body of any

person is found, or lying within his county, whose death is

suspected of being:

(a) A sudden or violent death, whether apparently

suicidal, homicidal, or accidental, including, but not

limited to, deaths apparently caused or contributed to by

thermal, traumatic, chemical, electrical, or radiational

injury, or a complication of any of them, or by drowning or

suffocation, or as a result of domestic violence as

defined in the Illinois Domestic Violence Act of 1986;

(b) A death due to a sex crime;

(c) A death where the circumstances are suspicious,

obscure, mysterious, or otherwise unexplained or where, in

the written opinion of the attending physician, the cause

of death is not determined;

(d) A death where addiction to alcohol or to any drug

may have been a contributory cause; or

(e) A death where the decedent was not attended by a

licensed physician;

shall go to the place where the dead body is, and take charge

of the same and shall make a preliminary investigation into

the circumstances of the death. In the case of death without

attendance by a licensed physician, the body may be moved with

the coroner's consent from the place of death to a mortuary in

the same county. Coroners in their discretion shall notify

such physician as is designated in accordance with Section

3-3014 to attempt to ascertain the cause of death, either by

autopsy or otherwise.

In cases of accidental death involving a motor vehicle in

which the decedent was (1) the operator or a suspected

operator of a motor vehicle, or (2) a pedestrian 16 years of

age or older, the coroner shall require that a blood specimen

of at least 30 cc., and if medically possible a urine specimen

of at least 30 cc. or as much as possible up to 30 cc., be

withdrawn from the body of the decedent in a timely fashion

after the crash causing his death, by such physician as has

been designated in accordance with Section 3-3014, or by the

coroner or deputy coroner or a qualified person designated by

such physician, coroner, or deputy coroner. If the county does

not maintain laboratory facilities for making such analysis,

the blood and urine so drawn shall be sent to the Illinois

State Police or any other accredited or State-certified

laboratory for analysis of the alcohol, carbon monoxide, and

dangerous or narcotic drug content of such blood and urine

specimens. Each specimen submitted shall be accompanied by

pertinent information concerning the decedent upon a form

prescribed by such laboratory. Any person drawing blood and

urine and any person making any examination of the blood and

urine under the terms of this Division shall be immune from all

liability, civil or criminal, that might otherwise be incurred

or imposed.

In all other cases coming within the jurisdiction of the

coroner and referred to in subparagraphs (a) through (e)

above, blood, and, whenever possible, urine samples shall be

analyzed for the presence of alcohol and other drugs. When the

coroner suspects that drugs may have been involved in the

death, either directly or indirectly, a toxicological

examination shall be performed which may include analyses of

blood, urine, bile, gastric contents, and other tissues. When

the coroner suspects a death is due to toxic substances, other

than drugs, the coroner shall consult with the toxicologist

prior to collection of samples. Information submitted to the

toxicologist shall include information as to height, weight,

age, sex, and race of the decedent as well as medical history,

medications used by, and the manner of death of the decedent.

When the coroner or medical examiner finds that the cause

of death is due to homicidal means, the coroner or medical

examiner shall cause blood and buccal specimens (tissue may be

submitted if no uncontaminated blood or buccal specimen can be

obtained), whenever possible, to be withdrawn from the body of

the decedent in a timely fashion. For proper preservation of

the specimens, collected blood and buccal specimens shall be

dried and tissue specimens shall be frozen if available

equipment exists. As soon as possible, but no later than 30

days after the collection of the specimens, the coroner or

medical examiner shall release those specimens to the police

agency responsible for investigating the death. As soon as

possible, but no later than 30 days after the receipt from the

coroner or medical examiner, the police agency shall submit

the specimens using the agency case number to a National DNA

Index System (NDIS) participating laboratory within this

State, such as the Illinois State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings. The results of the analysis and categorizing into

genetic marker groupings shall be provided to the Illinois

State Police and shall be maintained by the Illinois State

Police in the State central repository in the same manner, and

subject to the same conditions, as provided in Section 5-4-3

of the Unified Code of Corrections. The requirements of this

paragraph are in addition to any other findings, specimens, or

information that the coroner or medical examiner is required

to provide during the conduct of a criminal investigation.

In all counties, in cases of apparent suicide, homicide,

or accidental death or in other cases, within the discretion

of the coroner, the coroner may summon 8 persons of lawful age

from those persons drawn for petit jurors in the county. The

summons shall command these persons to present themselves

personally at such a place and time as the coroner shall

determine, and may be in any form which the coroner shall

determine and may incorporate any reasonable form of request

for acknowledgment which the coroner deems practical and

provides a reliable proof of service. The summons may be

served by first class mail. From the 8 persons so summoned, the

coroner shall select 6 to serve as the jury for the inquest.

Inquests may be continued from time to time, as the coroner may

deem necessary. The 6 jurors selected in a given case may view

the body of the deceased. If at any continuation of an inquest

one or more of the original jurors shall be unable to continue

to serve, the coroner shall fill the vacancy or vacancies. A

juror serving pursuant to this paragraph shall receive

compensation from the county at the same rate as the rate of

compensation that is paid to petit or grand jurors in the

county. The coroner shall furnish to each juror without fee at

the time of his discharge a certificate of the number of days

in attendance at an inquest, and, upon being presented with

such certificate, the county treasurer shall pay to the juror

the sum provided for his services.

In counties which have a jury commission, in cases of

apparent suicide or homicide or of accidental death, the

coroner may conduct an inquest. The jury commission shall

provide at least 8 jurors to the coroner, from whom the coroner

shall select any 6 to serve as the jury for the inquest.

Inquests may be continued from time to time as the coroner may

deem necessary. The 6 jurors originally chosen in a given case

may view the body of the deceased. If at any continuation of an

inquest one or more of the 6 jurors originally chosen shall be

unable to continue to serve, the coroner shall fill the

vacancy or vacancies. At the coroner's discretion, additional

jurors to fill such vacancies shall be supplied by the jury

commission. A juror serving pursuant to this paragraph in such

county shall receive compensation from the county at the same

rate as the rate of compensation that is paid to petit or grand

jurors in the county.

In every case in which a fire is determined to be a

contributing factor in a death, the coroner shall report the

death to the Office of the State Fire Marshal. The coroner

shall provide a copy of the death certificate (i) within 30

days after filing the permanent death certificate and (ii) in

a manner that is agreed upon by the coroner and the State Fire

Marshal.

In every case in which a drug overdose is determined to be

the cause or a contributing factor in the death, the coroner or

medical examiner shall report the death to the Department of

Public Health. The Department of Public Health shall adopt

rules regarding specific information that must be reported in

the event of such a death. If possible, the coroner shall

report the cause of the overdose. As used in this Section,

"overdose" has the same meaning as it does in Section 414 of

the Illinois Controlled Substances Act. The Department of

Public Health shall issue a semiannual report to the General

Assembly summarizing the reports received. The Department

shall also provide on its website a monthly report of overdose

death figures organized by location, age, and any other

factors, the Department deems appropriate.

In addition, in every case in which domestic violence is

determined to be a contributing factor in a death, the coroner

shall report the death to the Illinois State Police.

All deaths in State institutions and all deaths of wards

of the State or youth in care as defined in Section 4d of the

Children and Family Services Act in private care facilities or

in programs funded by the Department of Human Services under

its powers relating to mental health and developmental

disabilities or alcoholism and substance abuse or funded by

the Department of Children and Family Services shall be

reported to the coroner of the county in which the facility is

located. If the coroner has reason to believe that an

investigation is needed to determine whether the death was

caused by maltreatment or negligent care of the ward of the

State or youth in care as defined in Section 4d of the Children

and Family Services Act, the coroner may conduct a preliminary

investigation of the circumstances of such death as in cases

of death under circumstances set forth in subparagraphs

paragraphs (a) through (e) of this Section.

(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;

102-982, eff. 7-1-23; revised 8-23-22.)

(55 ILCS 5/Div. 4-13 heading)

Division 4-13. Penalty for Violations .

(55 ILCS 5/5-1006.7)

Sec. 5-1006.7. School facility and resources occupation

taxes.

(a) In any county, a tax shall be imposed upon all persons

engaged in the business of selling tangible personal property,

other than personal property titled or registered with an

agency of this State's government, at retail in the county on

the gross receipts from the sales made in the course of

business to provide revenue to be used exclusively for (i)

school facility purposes (except as otherwise provided in this

Section), (ii) school resource officers and mental health

professionals, or (iii) school facility purposes, school

resource officers, and mental health professionals if a

proposition for the tax has been submitted to the electors of

that county and approved by a majority of those voting on the

question as provided in subsection (c). The tax under this

Section shall be imposed only in one-quarter percent

increments and may not exceed 1%.

This additional tax may not be imposed on tangible

personal property taxed at the 1% rate under the Retailers'

Occupation Tax Act (or at the 0% rate imposed under Public Act

102-700 this amendatory Act of the 102nd General Assembly).

Beginning December 1, 2019 and through December 31, 2020, this

tax is not imposed on sales of aviation fuel unless the tax

revenue is expended for airport-related purposes. If the

county does not have an airport-related purpose to which it

dedicates aviation fuel tax revenue, then aviation fuel is

excluded from the tax. The county must comply with the

certification requirements for airport-related purposes under

Section 2-22 of the Retailers' Occupation Tax Act. For

purposes of this Section, "airport-related purposes" has the

meaning ascribed in Section 6z-20.2 of the State Finance Act.

Beginning January 1, 2021, this tax is not imposed on sales of

aviation fuel for so long as the revenue use requirements of 49

U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county.

The Department of Revenue has full power to administer and

enforce this subsection, to collect all taxes and penalties

due under this subsection, to dispose of taxes and penalties

so collected in the manner provided in this subsection, and to

determine all rights to credit memoranda arising on account of

the erroneous payment of a tax or penalty under this

subsection. The Department shall deposit all taxes and

penalties collected under this subsection into a special fund

created for that purpose.

In the administration of and compliance with this

subsection, the Department and persons who are subject to this

subsection (i) have the same rights, remedies, privileges,

immunities, powers, and duties, (ii) are subject to the same

conditions, restrictions, limitations, penalties, and

definitions of terms, and (iii) shall employ the same modes of

procedure as are set forth in Sections 1 through 1o, 2 through

2-70 (in respect to all provisions contained in those Sections

other than the State rate of tax), 2a through 2h, 3 (except as

to the disposition of taxes and penalties collected, and

except that the retailer's discount is not allowed for taxes

paid on aviation fuel that are subject to the revenue use

requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5,

5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c,

6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'

Occupation Tax Act and all provisions of the Uniform Penalty

and Interest Act as if those provisions were set forth in this

subsection.

The certificate of registration that is issued by the

Department to a retailer under the Retailers' Occupation Tax

Act permits the retailer to engage in a business that is

taxable without registering separately with the Department

under an ordinance or resolution under this subsection.

Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their

seller's tax liability by separately stating that tax as an

additional charge, which may be stated in combination, in a

single amount, with State tax that sellers are required to

collect under the Use Tax Act, pursuant to any bracketed

schedules set forth by the Department.

(b) If a tax has been imposed under subsection (a), then a

service occupation tax must also be imposed at the same rate

upon all persons engaged, in the county, in the business of

making sales of service, who, as an incident to making those

sales of service, transfer tangible personal property within

the county as an incident to a sale of service.

This tax may not be imposed on tangible personal property

taxed at the 1% rate under the Service Occupation Tax Act (or

at the 0% rate imposed under Public Act 102-700 this

amendatory Act of the 102nd General Assembly). Beginning

December 1, 2019 and through December 31, 2020, this tax is not

imposed on sales of aviation fuel unless the tax revenue is

expended for airport-related purposes. If the county does not

have an airport-related purpose to which it dedicates aviation

fuel tax revenue, then aviation fuel is excluded from the tax.

The county must comply with the certification requirements for

airport-related purposes under Section 2-22 of the Retailers'

Occupation Tax Act. For purposes of this Section,

"airport-related purposes" has the meaning ascribed in Section

6z-20.2 of the State Finance Act. Beginning January 1, 2021,

this tax is not imposed on sales of aviation fuel for so long

as the revenue use requirements of 49 U.S.C. 47107(b) and 49

U.S.C. 47133 are binding on the county.

The tax imposed under this subsection and all civil

penalties that may be assessed as an incident thereof shall be

collected and enforced by the Department and deposited into a

special fund created for that purpose. The Department has full

power to administer and enforce this subsection, to collect

all taxes and penalties due under this subsection, to dispose

of taxes and penalties so collected in the manner provided in

this subsection, and to determine all rights to credit

memoranda arising on account of the erroneous payment of a tax

or penalty under this subsection.

In the administration of and compliance with this

subsection, the Department and persons who are subject to this

subsection shall (i) have the same rights, remedies,

privileges, immunities, powers and duties, (ii) be subject to

the same conditions, restrictions, limitations, penalties and

definition of terms, and (iii) employ the same modes of

procedure as are set forth in Sections 2 (except that that

reference to State in the definition of supplier maintaining a

place of business in this State means the county), 2a through

2d, 3 through 3-50 (in respect to all provisions contained in

those Sections other than the State rate of tax), 4 (except

that the reference to the State shall be to the county), 5, 7,

8 (except that the jurisdiction to which the tax is a debt to

the extent indicated in that Section 8 is the county), 9

(except as to the disposition of taxes and penalties

collected, and except that the retailer's discount is not

allowed for taxes paid on aviation fuel that are subject to the

revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

47133), 10, 11, 12 (except the reference therein to Section 2b

of the Retailers' Occupation Tax Act), 13 (except that any

reference to the State means the county), Section 15, 16, 17,

18, 19, and 20 of the Service Occupation Tax Act and all

provisions of the Uniform Penalty and Interest Act, as fully

as if those provisions were set forth herein.

Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their

serviceman's tax liability by separately stating the tax as an

additional charge, which may be stated in combination, in a

single amount, with State tax that servicemen are authorized

to collect under the Service Use Tax Act, pursuant to any

bracketed schedules set forth by the Department.

(c) The tax under this Section may not be imposed until the

question of imposing the tax has been submitted to the

electors of the county at a regular election and approved by a

majority of the electors voting on the question. For all

regular elections held prior to August 23, 2011 (the effective

date of Public Act 97-542), upon a resolution by the county

board or a resolution by school district boards that represent

at least 51% of the student enrollment within the county, the

county board must certify the question to the proper election

authority in accordance with the Election Code.

For all regular elections held prior to August 23, 2011

(the effective date of Public Act 97-542), the election

authority must submit the question in substantially the

following form:

Shall (name of county) be authorized to impose a

retailers' occupation tax and a service occupation tax

(commonly referred to as a "sales tax") at a rate of

(insert rate) to be used exclusively for school facility

purposes?

The election authority must record the votes as "Yes" or

"No".

If a majority of the electors voting on the question vote

in the affirmative, then the county may, thereafter, impose

the tax.

For all regular elections held on or after August 23, 2011

(the effective date of Public Act 97-542), the regional

superintendent of schools for the county must, upon receipt of

a resolution or resolutions of school district boards that

represent more than 50% of the student enrollment within the

county, certify the question to the proper election authority

for submission to the electors of the county at the next

regular election at which the question lawfully may be

submitted to the electors, all in accordance with the Election

Code.

For all regular elections held on or after August 23, 2011

(the effective date of Public Act 97-542) and before August

23, 2019 (the effective date of Public Act 101-455), the

election authority must submit the question in substantially

the following form:

Shall a retailers' occupation tax and a service

occupation tax (commonly referred to as a "sales tax") be

imposed in (name of county) at a rate of (insert rate) to

be used exclusively for school facility purposes?

The election authority must record the votes as "Yes" or

"No".

If a majority of the electors voting on the question vote

in the affirmative, then the tax shall be imposed at the rate

set forth in the question.

For all regular elections held on or after August 23, 2019

(the effective date of Public Act 101-455), the election

authority must submit the question as follows:

(1) If the referendum is to expand the use of revenues

from a currently imposed tax exclusively for school

facility purposes to include school resource officers and

mental health professionals, the question shall be in

substantially the following form:

In addition to school facility purposes, shall

(name of county) school districts be authorized to use

revenues from the tax commonly referred to as the

school facility sales tax that is currently imposed in

(name of county) at a rate of (insert rate) for school

resource officers and mental health professionals?

(2) If the referendum is to increase the rate of a tax

currently imposed exclusively for school facility purposes

at less than 1% and dedicate the additional revenues for

school resource officers and mental health professionals,

the question shall be in substantially the following form:

Shall the tax commonly referred to as the school

facility sales tax that is currently imposed in (name

of county) at the rate of (insert rate) be increased to

a rate of (insert rate) with the additional revenues

used exclusively for school resource officers and

mental health professionals?

(3) If the referendum is to impose a tax in a county

that has not previously imposed a tax under this Section

exclusively for school facility purposes, the question

shall be in substantially the following form:

Shall a retailers' occupation tax and a service

occupation tax (commonly referred to as a sales tax)

be imposed in (name of county) at a rate of (insert

rate) to be used exclusively for school facility

purposes?

(4) If the referendum is to impose a tax in a county

that has not previously imposed a tax under this Section

exclusively for school resource officers and mental health

professionals, the question shall be in substantially the

following form:

Shall a retailers' occupation tax and a service

occupation tax (commonly referred to as a sales tax)

be imposed in (name of county) at a rate of (insert

rate) to be used exclusively for school resource

officers and mental health professionals?

(5) If the referendum is to impose a tax in a county

that has not previously imposed a tax under this Section

exclusively for school facility purposes, school resource

officers, and mental health professionals, the question

shall be in substantially the following form:

Shall a retailers' occupation tax and a service

occupation tax (commonly referred to as a sales tax)

be imposed in (name of county) at a rate of (insert

rate) to be used exclusively for school facility

purposes, school resource officers, and mental health

professionals?

The election authority must record the votes as "Yes" or

"No".

If a majority of the electors voting on the question vote

in the affirmative, then the tax shall be imposed at the rate

set forth in the question.

For the purposes of this subsection (c), "enrollment"

means the head count of the students residing in the county on

the last school day of September of each year, which must be

reported on the Illinois State Board of Education Public

School Fall Enrollment/Housing Report.

(d) Except as otherwise provided, the Department shall

immediately pay over to the State Treasurer, ex officio, as

trustee, all taxes and penalties collected under this Section

to be deposited into the School Facility Occupation Tax Fund,

which shall be an unappropriated trust fund held outside the

State treasury. Taxes and penalties collected on aviation fuel

sold on or after December 1, 2019 and through December 31,

2020, shall be immediately paid over by the Department to the

State Treasurer, ex officio, as trustee, for deposit into the

Local Government Aviation Trust Fund. The Department shall

only pay moneys into the Local Government Aviation Trust Fund

under this Section for so long as the revenue use requirements

of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

county.

On or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to the regional

superintendents of schools in counties from which retailers or

servicemen have paid taxes or penalties to the Department

during the second preceding calendar month. The amount to be

paid to each regional superintendent of schools and disbursed

to him or her in accordance with Section 3-14.31 of the School

Code, is equal to the amount (not including credit memoranda

and not including taxes and penalties collected on aviation

fuel sold on or after December 1, 2019 and through December 31,

2020) collected from the county under this Section during the

second preceding calendar month by the Department, (i) less 2%

of that amount (except the amount collected on aviation fuel

sold on or after December 1, 2019 and through December 31,

2020), of which 50% shall be deposited into the Tax Compliance

and Administration Fund and shall be used by the Department,

subject to appropriation, to cover the costs of the Department

in administering and enforcing the provisions of this Section,

on behalf of the county, and 50% shall be distributed to the

regional superintendent of schools to cover the costs in

administering and enforcing the provisions of this Section; ,

(ii) plus an amount that the Department determines is

necessary to offset any amounts that were erroneously paid to

a different taxing body; (iii) less an amount equal to the

amount of refunds made during the second preceding calendar

month by the Department on behalf of the county; and (iv) less

any amount that the Department determines is necessary to

offset any amounts that were payable to a different taxing

body but were erroneously paid to the county. When certifying

the amount of a monthly disbursement to a regional

superintendent of schools under this Section, the Department

shall increase or decrease the amounts by an amount necessary

to offset any miscalculation of previous disbursements within

the previous 6 months from the time a miscalculation is

discovered.

Within 10 days after receipt by the Comptroller from the

Department of the disbursement certification to the regional

superintendents of the schools provided for in this Section,

the Comptroller shall cause the orders to be drawn for the

respective amounts in accordance with directions contained in

the certification.

If the Department determines that a refund should be made

under this Section to a claimant instead of issuing a credit

memorandum, then the Department shall notify the Comptroller,

who shall cause the order to be drawn for the amount specified

and to the person named in the notification from the

Department. The refund shall be paid by the Treasurer out of

the School Facility Occupation Tax Fund or the Local

Government Aviation Trust Fund, as appropriate.

(e) For the purposes of determining the local governmental

unit whose tax is applicable, a retail sale by a producer of

coal or another mineral mined in Illinois is a sale at retail

at the place where the coal or other mineral mined in Illinois

is extracted from the earth. This subsection does not apply to

coal or another mineral when it is delivered or shipped by the

seller to the purchaser at a point outside Illinois so that the

sale is exempt under the United States Constitution as a sale

in interstate or foreign commerce.

(f) Nothing in this Section may be construed to authorize

a tax to be imposed upon the privilege of engaging in any

business that under the Constitution of the United States may

not be made the subject of taxation by this State.

(g) If a county board imposes a tax under this Section

pursuant to a referendum held before August 23, 2011 (the

effective date of Public Act 97-542) at a rate below the rate

set forth in the question approved by a majority of electors of

that county voting on the question as provided in subsection

(c), then the county board may, by ordinance, increase the

rate of the tax up to the rate set forth in the question

approved by a majority of electors of that county voting on the

question as provided in subsection (c). If a county board

imposes a tax under this Section pursuant to a referendum held

before August 23, 2011 (the effective date of Public Act

97-542), then the board may, by ordinance, discontinue or

reduce the rate of the tax. If a tax is imposed under this

Section pursuant to a referendum held on or after August 23,

2011 (the effective date of Public Act 97-542) and before

August 23, 2019 (the effective date of Public Act 101-455),

then the county board may reduce or discontinue the tax, but

only in accordance with subsection (h-5) of this Section. If a

tax is imposed under this Section pursuant to a referendum

held on or after August 23, 2019 (the effective date of Public

Act 101-455), then the county board may reduce or discontinue

the tax, but only in accordance with subsection (h-10). If,

however, a school board issues bonds that are secured by the

proceeds of the tax under this Section, then the county board

may not reduce the tax rate or discontinue the tax if that rate

reduction or discontinuance would adversely affect the school

board's ability to pay the principal and interest on those

bonds as they become due or necessitate the extension of

additional property taxes to pay the principal and interest on

those bonds. If the county board reduces the tax rate or

discontinues the tax, then a referendum must be held in

accordance with subsection (c) of this Section in order to

increase the rate of the tax or to reimpose the discontinued

tax.

Until January 1, 2014, the results of any election that

imposes, reduces, or discontinues a tax under this Section

must be certified by the election authority, and any ordinance

that increases or lowers the rate or discontinues the tax must

be certified by the county clerk and, in each case, filed with

the Illinois Department of Revenue either (i) on or before the

first day of April, whereupon the Department shall proceed to

administer and enforce the tax or change in the rate as of the

first day of July next following the filing; or (ii) on or

before the first day of October, whereupon the Department

shall proceed to administer and enforce the tax or change in

the rate as of the first day of January next following the

filing.

Beginning January 1, 2014, the results of any election

that imposes, reduces, or discontinues a tax under this

Section must be certified by the election authority, and any

ordinance that increases or lowers the rate or discontinues

the tax must be certified by the county clerk and, in each

case, filed with the Illinois Department of Revenue either (i)

on or before the first day of May, whereupon the Department

shall proceed to administer and enforce the tax or change in

the rate as of the first day of July next following the filing;

or (ii) on or before the first day of October, whereupon the

Department shall proceed to administer and enforce the tax or

change in the rate as of the first day of January next

following the filing.

(h) For purposes of this Section, "school facility

purposes" means (i) the acquisition, development,

construction, reconstruction, rehabilitation, improvement,

financing, architectural planning, and installation of capital

facilities consisting of buildings, structures, and durable

equipment and for the acquisition and improvement of real

property and interest in real property required, or expected

to be required, in connection with the capital facilities and

(ii) the payment of bonds or other obligations heretofore or

hereafter issued, including bonds or other obligations

heretofore or hereafter issued to refund or to continue to

refund bonds or other obligations issued, for school facility

purposes, provided that the taxes levied to pay those bonds

are abated by the amount of the taxes imposed under this

Section that are used to pay those bonds. "School facility

purposes" also includes fire prevention, safety, energy

conservation, accessibility, school security, and specified

repair purposes set forth under Section 17-2.11 of the School

Code.

(h-5) A county board in a county where a tax has been

imposed under this Section pursuant to a referendum held on or

after August 23, 2011 (the effective date of Public Act

97-542) and before August 23, 2019 (the effective date of

Public Act 101-455) may, by ordinance or resolution, submit to

the voters of the county the question of reducing or

discontinuing the tax. In the ordinance or resolution, the

county board shall certify the question to the proper election

authority in accordance with the Election Code. The election

authority must submit the question in substantially the

following form:

Shall the school facility retailers' occupation tax

and service occupation tax (commonly referred to as the

"school facility sales tax") currently imposed in (name of

county) at a rate of (insert rate) be (reduced to (insert

rate))(discontinued)?

If a majority of the electors voting on the question vote in

the affirmative, then, subject to the provisions of subsection

(g) of this Section, the tax shall be reduced or discontinued

as set forth in the question.

(h-10) A county board in a county where a tax has been

imposed under this Section pursuant to a referendum held on or

after August 23, 2019 (the effective date of Public Act

101-455) may, by ordinance or resolution, submit to the voters

of the county the question of reducing or discontinuing the

tax. In the ordinance or resolution, the county board shall

certify the question to the proper election authority in

accordance with the Election Code. The election authority must

submit the question in substantially the following form:

Shall the school facility and resources retailers'

occupation tax and service occupation tax (commonly

referred to as the school facility and resources sales

tax) currently imposed in (name of county) at a rate of

(insert rate) be (reduced to (insert rate))

(discontinued)?

The election authority must record the votes as "Yes" or

"No".

If a majority of the electors voting on the question vote

in the affirmative, then, subject to the provisions of

subsection (g) of this Section, the tax shall be reduced or

discontinued as set forth in the question.

(i) This Section does not apply to Cook County.

(j) This Section may be cited as the County School

Facility and Resources Occupation Tax Law.

(Source: P.A. 101-10, eff. 6-5-19; 101-455, eff. 8-23-19;

101-604, eff. 12-13-19; 102-700, eff. 4-19-22; 102-1062, eff.

7-1-22; revised 8-10-22.)

(55 ILCS 5/5-1182)

(Text of Section before amendment by P.A. 102-982)

Sec. 5-1182. Charitable organizations; solicitation.

(a) No county may prohibit a charitable organization, as

defined in Section 2 of the Charitable Games Act, from

soliciting for charitable purposes, including solicitations

taking place on public roadways from passing motorists, if all

of the following requirements are met: .

(1) The persons to be engaged in the solicitation are

law enforcement personnel, firefighters, or other persons

employed to protect the public safety of a local agency,

and those persons are soliciting solely in an area that is

within the service area of that local agency.

(2) The charitable organization files an application

with the county having jurisdiction over the location or

locations where the solicitation is to occur. The

application applications shall be filed not later than 10

business days before the date that the solicitation is to

begin and shall include all of the following:

(A) The date or dates and times of day when the

solicitation is to occur.

(B) The location or locations where the

solicitation is to occur along with a list of 3

alternate locations listed in order of preference.

(C) The manner and conditions under which the

solicitation is to occur.

(D) Proof of a valid liability insurance policy in

the amount of at least $1,000,000 insuring the charity

or local agency against bodily injury and property

damage arising out of or in connection with the

solicitation.

The county shall approve the application within 5 business

days after the filing date of the application, but may impose

reasonable conditions in writing that are consistent with the

intent of this Section and are based on articulated public

safety concerns. If the county determines that the applicant's

location cannot be permitted due to significant safety

concerns, such as high traffic volumes, poor geometrics,

construction, maintenance operations, or past accident

history, then the county may deny the application for that

location and must approve one of the 3 alternate locations

following the order of preference submitted by the applicant

on the alternate location list. By acting under this Section,

a local agency does not waive or limit any immunity from

liability provided by any other provision of law.

(b) For purposes of this Section, "local agency" means a

county, special district, fire district, joint powers of

authority, or other political subdivision of the State of

Illinois.

(c) A home rule unit may not regulate a charitable

organization in a manner that is inconsistent with this

Section. This Section is a limitation under subsection (i) of

Section 6 of Article VII of the Illinois Constitution on the

concurrent exercise by home rule units of powers and functions

exercised by the State.

(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13;

revised 8-23-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 5-1182. Charitable organizations; solicitation.

(a) No county may prohibit a charitable organization, as

defined in Section 2 of the Charitable Games Act, from

soliciting for charitable purposes, including solicitations

taking place on public roadways from passing motorists, if all

of the following requirements are met: .

(1) The persons to be engaged in the solicitation are

law enforcement personnel, firefighters, or other persons

employed to protect the public safety of a local agency,

and those persons are soliciting solely in an area that is

within the service area of that local agency.

(2) The charitable organization files an application

with the county having jurisdiction over the location or

locations where the solicitation is to occur. The

application applications shall be filed not later than 10

business days before the date that the solicitation is to

begin and shall include all of the following:

(A) The date or dates and times of day when the

solicitation is to occur.

(B) The location or locations where the

solicitation is to occur along with a list of 3

alternate locations listed in order of preference.

(C) The manner and conditions under which the

solicitation is to occur.

(D) Proof of a valid liability insurance policy in

the amount of at least $1,000,000 insuring the charity

or local agency against bodily injury and property

damage arising out of or in connection with the

solicitation.

The county shall approve the application within 5 business

days after the filing date of the application, but may impose

reasonable conditions in writing that are consistent with the

intent of this Section and are based on articulated public

safety concerns. If the county determines that the applicant's

location cannot be permitted due to significant safety

concerns, such as high traffic volumes, poor geometrics,

construction, maintenance operations, or past crash history,

then the county may deny the application for that location and

must approve one of the 3 alternate locations following the

order of preference submitted by the applicant on the

alternate location list. By acting under this Section, a local

agency does not waive or limit any immunity from liability

provided by any other provision of law.

(b) For purposes of this Section, "local agency" means a

county, special district, fire district, joint powers of

authority, or other political subdivision of the State of

Illinois.

(c) A home rule unit may not regulate a charitable

organization in a manner that is inconsistent with this

Section. This Section is a limitation under subsection (i) of

Section 6 of Article VII of the Illinois Constitution on the

concurrent exercise by home rule units of powers and functions

exercised by the State.

(Source: P.A. 102-982, eff. 7-1-23; revised 8-23-22.)

(55 ILCS 5/5-45025)

Sec. 5-45025. Procedures for Selection.

(a) The county must use a two-phase procedure for the

selection of the successful design-build entity. Phase I of

the procedure will evaluate and shortlist the design-build

entities based on qualifications, and Phase II will evaluate

the technical and cost proposals.

(b) The county shall include in the request for proposal

the evaluating factors to be used in Phase I. These factors are

in addition to any prequalification requirements of

design-build entities that the county has set forth. Each

request for proposal shall establish the relative importance

assigned to each evaluation factor and subfactor, including

any weighting of criteria to be employed by the county. The

county must maintain a record of the evaluation scoring to be

disclosed in event of a protest regarding the solicitation.

The county shall include the following criteria in every

Phase I evaluation of design-build entities: (i) experience of

personnel; (ii) successful experience with similar project

types; (iii) financial capability; (iv) timeliness of past

performance; (v) experience with similarly sized projects;

(vi) successful reference checks of the firm; (vii) commitment

to assign personnel for the duration of the project and

qualifications of the entity's consultants; and (viii) ability

or past performance in meeting or exhausting good faith

efforts to meet the utilization goals for business enterprises

established in the Business Enterprise for Minorities, Women,

and Persons with Disabilities Act and with Section 2-105 of

the Illinois Human Rights Act. The county may include any

additional relevant criteria in Phase I that it deems

necessary for a proper qualification review.

The county may not consider any design-build entity for

evaluation or award if the entity has any pecuniary interest

in the project or has other relationships or circumstances,

including, but not limited to, long-term leasehold, mutual

performance, or development contracts with the county, that

may give the design-build entity a financial or tangible

advantage over other design-build entities in the preparation,

evaluation, or performance of the design-build contract or

that create the appearance of impropriety. No proposal shall

be considered that does not include an entity's plan to comply

with the requirements established in the Business Enterprise

for Minorities, Women, and Persons with Disabilities Act, for

both the design and construction areas of performance, and

with Section 2-105 of the Illinois Human Rights Act.

Upon completion of the qualifications evaluation, the

county shall create a shortlist of the most highly qualified

design-build entities. The county, in its discretion, is not

required to shortlist the maximum number of entities as

identified for Phase II evaluation, provided that no less than

2 design-build entities nor more than 6 are selected to submit

Phase II proposals.

The county shall notify the entities selected for the

shortlist in writing. This notification shall commence the

period for the preparation of the Phase II technical and cost

evaluations. The county must allow sufficient time for the

shortlist entities to prepare their Phase II submittals

considering the scope and detail requested by the county.

(c) The county shall include in the request for proposal

the evaluating factors to be used in the technical and cost

submission components of Phase II. Each request for proposal

shall establish, for both the technical and cost submission

components of Phase II, the relative importance assigned to

each evaluation factor and subfactor, including any weighting

of criteria to be employed by the county. The county must

maintain a record of the evaluation scoring to be disclosed in

event of a protest regarding the solicitation.

The county shall include the following criteria in every

Phase II technical evaluation of design-build entities: (i)

compliance with objectives of the project; (ii) compliance of

proposed services to the request for proposal requirements;

(iii) quality of products or materials proposed; (iv) quality

of design parameters; (v) design concepts; (vi) innovation in

meeting the scope and performance criteria; and (vii)

constructability of the proposed project. The county may

include any additional relevant technical evaluation factors

it deems necessary for proper selection.

The county shall include the following criteria in every

Phase II cost evaluation: the total project cost, the

construction costs, and the time of completion. The county may

include any additional relevant technical evaluation factors

it deems necessary for proper selection. The total project

cost criteria weighting weighing factor shall not exceed 30%.

The county shall directly employ or retain a licensed

design professional or a public art designer to evaluate the

technical and cost submissions to determine if the technical

submissions are in accordance with generally accepted industry

standards. Upon completion of the technical submissions and

cost submissions evaluation, the county may award the

design-build contract to the highest overall ranked entity.

(Source: P.A. 102-954, eff. 1-1-23; revised 12-16-22.)

(55 ILCS 5/6-30002) (from Ch. 34, par. 6-30002)

Sec. 6-30002. Disbursement to county treasurer for

distribution to appropriate recipient. Notwithstanding any

other provision to the contrary, any State funds disbursed by

the State, or federal funds authorized to be disbursed by the

State, to any county official of a county with a population of

less than 2,000,000, or to any county department, agency

program or entity of a such county shall be disbursed only to

the county treasurer of such county for distribution by the

county treasurer to the appropriate county recipient. This

Division shall not apply to funds disbursed by a regional

superintendent of schools, a regional educational service

center, or the Department of Human Services with respect to

its functions pertaining to mental health and developmental

disabilities.

(Source: P.A. 89-262, eff. 8-10-95; 89-507, eff. 7-1-97;

revised 5-27-22.)

Section 255. The Illinois Municipal Code is amended by

changing Sections 8-4-27, 8-10-17, 8-10-18, 9-2-119, 9-2-127,

10-1-29, 10-1-31, 11-1.5-5, and 11-92-1 and the heading of

Division 31 of Article 11 as follows:

(65 ILCS 5/8-4-27)

(Section scheduled to be repealed on January 1, 2024)

Sec. 8-4-27. Municipal Water and Wastewater Funding Study

Committee.

(a) The Municipal Water and Wastewater Funding Study

Committee is established.

(b) The Committee shall be comprised of the following

members, and the appointed members of the Committee shall be

appointed to the Committee no later than 30 days after May 13,

2022 (the effective date of Public Act 102-865) this

amendatory Act of the 102nd General Assembly:

(1) 1) The Governor, or his or her designee, who shall

serve as chairperson.

(2) The Director of the Illinois Environmental

Protection Agency, or his or her designee.

(3) One member appointed by the President of the

Senate.

(4) One member appointed by the Minority Leader of the

Senate.

(5) One member appointed by the Speaker of the House

of Representatives.

(6) One member appointed by the Minority Leader of the

House of Representatives.

(7) Members appointed by the Director of the Illinois

Environmental Protection Agency as follows:

(A) one member who is a representative of a

publicly owned publicly-owned drinking water or

wastewater utility with a service population of 25,000

or less;

(B) one member who is a representative of a

publicly owned publicly-owned drinking water or

wastewater utility with a service population over

25,000 people to 125,000 people;

(C) one member who is a representative of a

publicly owned publicly-owned drinking water or

wastewater utility with a service population over

125,000 people;

(D) one member who is a representative of a

statewide organization representing wastewater

agencies; and

(E) one member who is a representative of a

statewide organization representing drinking water

agencies.

The Committee shall meet at the call of the chair. Committee

members shall serve without compensation. If a vacancy occurs

in the Committee membership, the vacancy shall be filled in

the same manner as the original appointment for the remainder

of the Committee.

(c) The Committee shall study and make recommendations

concerning any needed modifications to Illinois Environmental

Protection Agency and Illinois Pollution Control Board

regulations and policies as they relate to municipal water and

wastewater funding to ensure that the State's revolving loan

fund programs account for and prioritize the following

principles, to the fullest extent allowed by federal law:

(1) A community shall not be deemed ineligible for

disadvantaged community status based on size or service

area of any size, with regard to special rates, loan

terms, and eligibility for loan or grant funds.

(2) In determining whether a community is

disadvantaged, consideration should be given to impacts of

funding on water and wastewater expenses for low-income

populations.

(3) In determining whether a community is eligible for

funds and special rates or loan terms, environmental

justice concepts should be considered.

(4) In determining how funding is allocated, a

community facing water supply shortages should be

considered a high priority based on urgency of need.

(5) The funding programs should promote formation and

implementation of regional water partnerships.

(6) Targeted funding should be provided for addressing

emerging contaminants, including PFAS.

(7) In determining eligibility for assistance, the

role that the State revolving fund programs play for small

communities should be understood and fully considered.

(8) Any recommendations for changes to the programs

must be fully consistent with federal law and must not

adversely affect any community's eligibility for loans

under federal law.

(d) The Committee shall prepare a report that summarizes

its work and makes recommendations resulting from its study.

The Committee shall submit the report of its findings and

recommendations to the Governor and the General Assembly no

later than January 31, 2023. Once the Committee has submitted

the report to the General Assembly and Governor, the Committee

is dissolved.

(e) (f) This Section is repealed on January 1, 2024.

(Source: P.A. 102-865, eff. 5-13-22; revised 8-23-22.)

(65 ILCS 5/8-10-17) (from Ch. 24, par. 8-10-17)

Sec. 8-10-17. The corporate authorities of any such

municipality may establish a revolving fund in such amount as

may be necessary to enable the purchasing agent to purchase

items of common usage in advance of immediate need, the

revolving fund to be reimbursed from the annual appropriation

of the requisitioning agencies. Neither the purchasing agent,

nor any officer or employee employe of his office, nor any

member of the board of standardization hereinafter provided

for, shall be financially interested, directly or indirectly,

in any purchase order or contract coming under the purview of

his official duties. The above named officials and employees

employes are expressly prohibited from accepting, directly or

indirectly, from any person, company, firm, or corporation to

which any purchase order or contract may be awarded, any

rebate, gift, money, or anything of value whatsoever. Any

officer or employee employe, as above defined, convicted of

violating this Section section, shall be guilty of a business

offense and shall be fined not to exceed $10,000 and shall

forfeit the right to his public office, trust, or employment

and shall be removed therefrom.

(Source: P.A. 77-2500; revised 8-23-22.)

(65 ILCS 5/8-10-18) (from Ch. 24, par. 8-10-18)

Sec. 8-10-18. No department, office, institution,

commission, board, agency, or instrumentality of any such

municipality, or any officer or employee employe thereof,

shall be empowered to execute any purchase order or contract

as defined in Section 8-10-3 except as herein specifically

authorized, but all such purchase orders or contracts shall be

executed by the purchasing agent in conformity with the

provisions of this Division 10.

(Source: Laws 1961, p. 576; revised 8-23-22.)

(65 ILCS 5/9-2-119) (from Ch. 24, par. 9-2-119)

Sec. 9-2-119. For the purpose of anticipating the

collection of the second and succeeding installments, provided

for in this Division 2, a municipality may issue bonds,

payable out of these installments, bearing interest at a rate

specified in the ordinance referred to in Section 9-2-10

2-9-10 of this the Illinois Municipal Code and not more than

the rate the installments of the assessment against which the

bonds are issued bear, payable annually and signed by such

officers as may be by ordinance prescribed. Bonds shall be

issued in sums of $100, or some multiple thereof, and shall be

dated and draw interest from the date of their issuance. Each

bond shall state on its face out of which installment it is

payable, and shall state, by number or other designation, the

assessment to which that installment belongs. The principal of

these bonds shall not exceed, in the aggregate, the amount of

the deferred installments, and shall be divided into as many

series as there are deferred installments.

However, if there is a surplus to the credit of any such

installment which is not required for the payment of any

vouchers or bonds issued against that installment, that

surplus shall be applied toward the payment of any outstanding

vouchers or bonds already issued or to be issued, as the case

may be, against any other installment or installments.

Each series shall become due at some time in the year in

which the corresponding installment will mature, the date to

conform, as nearly as may be, to the time when that installment

will be actually collected. This time shall be estimated and

determined by the municipal officers issuing the bonds. But it

is lawful to provide in the case of any one or more of the

bonds in any series, that that bond or bonds shall not become

due until some subsequent date, not later than December 31

next succeeding the January in which the installment against

which that series is issued will mature.

The bonds may be in the following form:

State of Illinois)

) ss

County of .......)

$............................ Series No. ................... Bond No. ..................... ............................. of ...........................

Improvement Bond

The .... of .... in .... County, Illinois, for value

received, promises to pay to the bearer on (insert date) the

sum of .... dollars, with interest thereon from date hereof,

at the rate of ....%, payable annually on presentation of the

coupons hereto annexed.

Both principal and interest of this bond are payable at

the office of the treasurer of said .... of .....

This bond is issued to anticipate the collection of a part

of the .... installment of special assessment No. .... levied

for the purpose of .... which installment bears interest from

(insert date), and this bond and the interest thereon are

payable solely out of the installment when collected.

Dated (insert date).

The bond may have coupons attached to represent the

interest to accrue thereon.

In lieu of the bonds described in this Section, a

municipality may issue bonds of the type described in Section

9-2-127, but all bonds issued under any one special assessment

proceeding must be of the same type.

Public Act 77-1185 This amendatory Act of 1971 is not a

limit upon any municipality which is a home rule unit.

(Source: P.A. 91-357, eff. 7-29-99; revised 2-28-22.)

(65 ILCS 5/9-2-127) (from Ch. 24, par. 9-2-127)

Sec. 9-2-127. In lieu of the bonds authorized in Section

9-2-119, the municipality upon the written request of the

holders of all of the outstanding and unpaid vouchers issued

in payment of the work, may issue and deliver to such voucher

holders, in exchange for such vouchers, bonds provided for in

this Section 9-2-127, provided that prior to the receipt of

such request the municipality has not issued or has not made

any commitment to issue any bonds the funds from which are to

be used toward paying such outstanding and unpaid vouchers in

full. The bonds shall be dated as of and shall draw interest

from the date of their issuance, except when issued in

exchange for vouchers theretofore issued in payment of the

work. In such latter case the bonds shall be issued in the

principal amount of the unpaid balance of the vouchers and

shall bear the same date as the vouchers for which they are

exchanged or the date to which interest was last paid on the

vouchers, and the bonds shall draw interest from such date.

The bonds shall be issued at not less than their par value. The

bonds shall be executed by such officers as may be prescribed

by ordinance of such municipality, with the corporate seal

attached. The bonds shall bear interest at a rate specified in

the ordinance referred to in Section 9-2-10 2-9-10 of this the

Illinois Municipal Code and of not more than the rate the

installments of the assessment against which the bonds are

issued bear. The bonds shall recite specifically that they are

payable solely and only from the assessment levied for the

payment of the cost of the improvement, designating the

improvement for which the assessment has been levied, and

shall mature on or before December 31 next succeeding the

January 2 on which the last installment shall mature. Interest

coupons attached to the bonds shall bear the official or

facsimile signatures of the same officers who signed the bonds

and shall be made payable at the office of the treasurer of the

municipality. The bonds shall be numbered consecutively

beginning with number one upwards and shall be payable in

their numerical order and redeemable prior to maturity in

numerical order as hereinafter provided. Each of the bonds

issued pursuant to this Section 9-2-127 shall bear a legend on

the face of the bond printed in bold face type and in a

paragraph by itself to the effect that the bond is one of a

series of bonds which are to be paid and redeemed in numerical

order and not on a pro-rata basis.

As used in this Section and in Sections 9-2-128 and

9-2-129, "treasurer" with respect to municipalities in which a

comptroller is elected or appointed means treasurer or

comptroller.

Public Act 77-1185 This amendatory Act of 1971 is not a

limit upon any municipality which is a home rule unit.

(Source: P.A. 82-642; revised 2-28-22.)

(65 ILCS 5/10-1-29) (from Ch. 24, par. 10-1-29)

Sec. 10-1-29. No person shall, in any room or building

occupied for the discharge of official duties by any officer

or employee employe in any municipality which adopts this

Division 1, solicit, orally or by written communication,

delivered therein, or in any other manner, or receive any

contribution of money or other thing of value, for any party or

political purpose whatever. No officer, agent, clerk, or

employee under the government of such municipality, who may

have charge or control of any building, office, or room,

occupied for any purpose of such government, shall permit any

person to enter the same for the purpose of therein soliciting

or delivering written solicitations for receiving or giving

notice of any political assessments.

(Source: Laws 1961, p. 3252; revised 8-23-22.)

(65 ILCS 5/10-1-31) (from Ch. 24, par. 10-1-31)

Sec. 10-1-31. No officer or employee of such municipality

shall discharge or degrade or promote, or in any manner change

the official rank or compensation of any other officer or

employee employe, or promise or threaten to do so for giving or

withholding or neglecting to make any contribution of any

money or other valuable thing for any party or political

purpose, or for refusal or neglect to render any party or

political service.

(Source: Laws 1961, p. 3252; revised 8-23-22.)

(65 ILCS 5/11-1.5-5)

(Section scheduled to be repealed on January 1, 2029)

Sec. 11-1.5-5. Definitions. As used in this Division

Section:

"Department" means the East St. Louis Police Department,

the Peoria Police Department, the Springfield Police

Department, or the Waukegan Police Department.

"Social Worker" means a licensed clinical social worker or

licensed social worker, as those terms are defined in the

Clinical Social Work and Social Work Practice Act.

"Station adjustment" has the meaning given to that term in

Section 1-3 of the Juvenile Court Act of 1987.

"Unit" means a co-responder unit created under this

Division.

(Source: P.A. 102-756, eff. 5-10-22; revised 8-23-22.)

(65 ILCS 5/Art. 11 Div. 31 heading)

DIVISION 31. UNSAFE PROPERTY .

(65 ILCS 5/11-92-1) (from Ch. 24, par. 11-92-1)

Sec. 11-92-1. "Harbor", as used in this Division 92,

includes harbors, marinas, slips, docks, piers, breakwaters,

and all buildings, structures, facilities, connections,

equipment, parking areas, and all other improvements for use

in connection therewith.

"Public water" has the same meaning as ascribed to that

term in Section 18 of the Rivers, Lakes, and Streams Act "An

Act in relation to the regulation of rivers, lakes and streams

of the State of Illinois", approved June 10, 1911, as

heretofore and hereafter amended.

"Artificially made or reclaimed land" includes all land

which formerly was submerged under the public waters of the

State state, the title to which is in the State state, and

which has been artificially made or reclaimed in whole or in

part.

(Source: Laws 1961, p. 576; revised 2-28-22.)

Section 260. The Forest Preserve District and Conservation

District Design-Build Authorization Act is amended by changing

Section 25 as follows:

(70 ILCS 860/25)

Sec. 25. Procedures for selection.

(a) The forest preserve district or conservation district

must use a two-phase procedure for the selection of the

successful design-build entity. Phase I of the procedure will

evaluate and shortlist the design-build entities based on

qualifications, and Phase II will evaluate the technical and

cost proposals.

(b) The forest preserve district or conservation district

shall include in the request for proposal the evaluating

factors to be used in Phase I. These factors are in addition to

any prequalification requirements of design-build entities

that the forest preserve district or conservation district has

set forth. Each request for proposal shall establish the

relative importance assigned to each evaluation factor and

subfactor, including any weighting of criteria to be employed

by the forest preserve district or conservation district. The

forest preserve district or conservation district must

maintain a record of the evaluation scoring to be disclosed in

the event of a protest regarding the solicitation.

The forest preserve district or conservation district

shall include the following criteria in every Phase I

evaluation of design-build entities: (i) experience of

personnel; (ii) successful experience with similar project

types; (iii) financial capability; (iv) timeliness of past

performance; (v) experience with similarly sized projects;

(vi) successful reference checks of the firm; (vii) commitment

to assign personnel for the duration of the project and

qualifications of the entity's consultants; and (viii) ability

or past performance in meeting or exhausting good faith

efforts to meet the utilization goals for business enterprises

established in the Business Enterprise for Minorities, Women,

and Persons with Disabilities Act and with Section 2-105 of

the Illinois Human Rights Act. The forest preserve district or

conservation district may include any additional relevant

criteria in Phase I that it deems necessary for a proper

qualification review.

The forest preserve district or conservation district may

not consider any design-build entity for evaluation or award

if the entity has any pecuniary interest in the project or has

other relationships or circumstances, including, but not

limited to, long-term leasehold, mutual performance, or

development contracts with the forest preserve district or

conservation district, that may give the design-build entity a

financial or tangible advantage over other design-build

entities in the preparation, evaluation, or performance of the

design-build contract or that create the appearance of

impropriety. No proposal shall be considered that does not

include an entity's plan to comply with the requirements

established in the Business Enterprise for Minorities, Women,

and Persons with Disabilities Act, for both the design and

construction areas of performance, and with Section 2-105 of

the Illinois Human Rights Act.

Upon completion of the qualifications evaluation, the

forest preserve district or conservation district shall create

a shortlist of the most highly qualified design-build

entities. The forest preserve district or conservation

district, in its discretion, is not required to shortlist the

maximum number of entities as identified for Phase II

evaluation, provided that no less than 2 design-build entities

nor more than 6 are selected to submit Phase II proposals.

The forest preserve district or conservation district

shall notify the entities selected for the shortlist in

writing. This notification shall commence the period for the

preparation of the Phase II technical and cost evaluations.

The forest preserve district or conservation district must

allow sufficient time for the shortlist entities to prepare

their Phase II submittals considering the scope and detail

requested by the forest preserve district or conservation

district.

(c) The forest preserve district or conservation district

shall include in the request for proposal the evaluating

factors to be used in the technical and cost submission

components of Phase II. Each request for proposal shall

establish, for both the technical and cost submission

components of Phase II, the relative importance assigned to

each evaluation factor and subfactor, including any weighting

of criteria to be employed by the forest preserve district or

conservation district. The forest preserve district or

conservation district must maintain a record of the evaluation

scoring to be disclosed in the event of a protest regarding the

solicitation.

The forest preserve district or conservation district

shall include the following criteria in every Phase II

technical evaluation of design-build entities: (i) compliance

with objectives of the project; (ii) compliance of proposed

services to the request for proposal requirements; (iii)

quality of products or materials proposed; (iv) quality of

design parameters; (v) design concepts; (vi) innovation in

meeting the scope and performance criteria; and (vii)

constructability of the proposed project. The forest preserve

district or conservation district may include any additional

relevant technical evaluation factors it deems necessary for

proper selection.

The forest preserve district or conservation district

shall include the following criteria in every Phase II cost

evaluation: the total project cost, the construction costs,

and the time of completion. The forest preserve or

conservation district may include any additional relevant

technical evaluation factors it deems necessary for proper

selection. The total project cost criteria weighting weighing

factor shall not exceed 30%.

The forest preserve or conservation district shall

directly employ or retain a licensed design professional or a

public art designer to evaluate the technical and cost

submissions to determine if the technical submissions are in

accordance with generally accepted industry standards.

Upon completion of the technical submissions and cost

submissions evaluation, the forest preserve or conservation

district may award the design-build contract to the highest

overall ranked entity.

(Source: P.A. 102-460, eff. 6-1-22; revised 2-28-22.)

Section 265. The Park Annuity and Benefit Fund Civil

Service Act is amended by changing Section 23 as follows:

(70 ILCS 1215/23) (from Ch. 24 1/2, par. 136)

Sec. 23. No person shall solicit, orally or in writing, or

be in any manner concerned in soliciting any assessment,

contribution, or payment for any party or political purpose

whatever from any officer or employee employe in the

classified civil service.

(Source: Laws 1939, p. 418; revised 9-2-22.)

Section 270. The Chicago Park District Act is amended by

changing Section 14 as follows:

(70 ILCS 1505/14) (from Ch. 105, par. 333.14)

Sec. 14. Civil service. The Park System Civil Service Act

shall apply to the Chicago Park District, and upon the coming

into effect of this Act act there shall be appointed but one

Director of Human Resources and but one civil service board

for such district.

Every officer and employee employe in the classified civil

service at the time this Act takes effect shall be assigned to

a position having, so far as possible, duties equivalent to

his former office or employment, and such officers and

employees employes shall have the same standing, grade, and

privilege which they respectively had in the districts from

which they were transferred, subject, however, to existing and

future civil service laws. This Section shall not be construed

to require the retention of more officers and employees

employes than are necessary to the proper performance of the

functions of the Chicago Park District and the rules of the

civil service board made in pursuance of the civil service law

shall control in the making of layoffs and reinstatements of

such officers and employees employes as are not necessary to

be retained. This Act act shall in no way be construed to

affect the operation of Article 5 or Article 12 of the Illinois

Pension Code nor to affect the rights of employees to pensions

or annuities nor any taxes authorized to be levied therefor.

In the case of employees employes and policemen of superseded

park districts not having annuity benefit funds retained as

employees employes or policemen of the Chicago Park District

such employees employes and policemen shall have the right to

enter as new employees employes and policemen.

(Source: P.A. 91-918, eff. 7-7-00; revised 2-5-23.)

Section 275. The Joliet Regional Port District Act is

amended by changing Section 7 as follows:

(70 ILCS 1825/7) (from Ch. 19, par. 257)

Sec. 7. The District has power to procure and enter into

contracts for any type of insurance or indemnity against loss

or damage to property from any cause, including loss of use and

occupancy, against death or injury of any person, against

employers' liability, against any act of any member, officer,

or employee employe of the District in the performance of the

duties of his office or employment or any other insurable

risk.

(Source: Laws 1957, p. 1302; revised 9-2-22.)

Section 280. The Metropolitan Water Reclamation District

Act is amended by changing Section 11.19 as follows:

(70 ILCS 2605/11.19) (from Ch. 42, par. 331.19)

Sec. 11.19. No department, office, agency or

instrumentality, officer or employee employe of the sanitary

district, shall be empowered to execute any purchase order or

contract except as expressly authorized by this Act.

(Source: Laws 1963, p. 2498; revised 9-2-22.)

Section 285. The Illinois Local Library Act is amended by

changing Section 5-2 as follows:

(75 ILCS 5/5-2) (from Ch. 81, par. 5-2)

Sec. 5-2. If the corporate authorities approve the action

of the library board under Section 5-1, they may, by

ordinance, or by resolution in the case of a township, provide

that the bonds of the city, village, incorporated town or

township be issued for the payment of the cost (so estimated as

aforesaid) of constructing a building, or remodeling,

repairing, improving an existing library building or the

erection of an addition thereto, or purchasing a building,

site or equipment, or the acquisition of library materials

such as books, periodicals, recordings and electronic data

storage and retrieval facilities in connection with either the

purchase or construction of a new library building or the

expansion of an existing library building, or any or all of

these things in which event the ordinance or resolution shall

also state the time or times when such bonds, and the interest

thereon shall become payable. However, the whole of the

principal of such bonds and the interest thereon shall be

payable within 20 years, and the interest on such bonds shall

not exceed the rate permitted in the Bond Authorization Act

"An Act to authorize public corporations to issue bonds, other

evidences of indebtedness and tax anticipation warrants

subject to interest rate limitations set forth therein",

approved May 26, 1970, as now or hereafter amended. The

interest may be made payable at such times (annually or

semi-annually) as the ordinance or resolution may prescribe.

In case the corporate authorities provide for such payment by

the issuance of bonds, they shall make provision at or before

the issuance thereof, by ordinance or by resolution in the

case of a township, which shall be irrepealable, for the levy

and collection of a direct annual tax upon all the taxable

property within such city, village, incorporated town or

township sufficient to meet the principal and interest of the

bonds as they mature, which tax shall be in addition to that

otherwise authorized to be levied and collected for corporate

purposes.

If, however, the corporate authorities do not provide that

the bonds of the city, village, incorporated town or township

be issued, but otherwise approve the action of the library

board, then the library board shall divide the total cost of

constructing and financing a building, or remodeling,

repairing, improving an existing library building or the

erection of an addition thereto, or purchasing and financing a

building, site or equipment, or the acquisition of library

materials such as books, periodicals, recordings and

electronic data storage and retrieval facilities in connection

with either the purchase or construction of a new library

building or the expansion of an existing library building, or

any or all of these things, into as many parts as the trustees

determine to spread the collection thereof, and shall certify

the amount of one of these parts to the corporate authorities

each year during the term over which the trustees have

determined to spread the collection. This action by the

library board Board shall be irrepealable. The library board

shall specify in its certificate the portion, if any, of the

amount to be included in the annual appropriation and library

tax levy, and the amount of the special tax required to pay the

same as has been approved by the voters.

(Source: P.A. 84-770; revised 5-27-22.)

Section 290. The School Code is amended by changing

Sections 2-3.195, 10-20.13, 10-21.9, 10-22.24b, 13-40,

13B-20.5, 18-8.15, 21B-20, 21B-45, 24-6, 26-2, 27-22, 27A-5,

34-18.5, and 34-21.6 and by setting forth, renumbering, and

changing multiple versions of Section 10-20.83 and 34-18.78 as

follows:

(105 ILCS 5/2-3.195)

Sec. 2-3.195. Direct support professional training

program. Beginning with the 2025-2026 school year and

continuing for not less than 2 years, the State Board of

Education shall make available a model program of study that

incorporates the training and experience necessary to serve as

a direct support professional. By July 1, 2023, the State

Board shall submit recommendations developed in consultation

with stakeholders, including, but not limited to,

organizations representing community-based providers serving

children and adults with intellectual or developmental

disabilities, and education practitioners, including, but not

limited to, teachers, administrators, special education

directors, and regional superintendents of schools, to the

Department of Human Services for the training that would be

required in order to be complete the model program of study.

(Source: P.A. 102-874, eff. 1-1-23; revised 12-16-22.)

(105 ILCS 5/10-20.13)

Sec. 10-20.13. Textbooks for children of parents unable to

buy them; waiver of and other fees and fines.

(a) To purchase, at the expense of the district, a

sufficient number of textbooks for children whose parents are

unable to buy them, including, but not limited to, children

living in households that meet the free lunch or breakfast

eligibility guidelines established by the federal government

pursuant to Section 1758 of the federal Richard B. Russell

National School Lunch Act (42 U.S.C. 1758; 7 CFR C.F.R. 245 et

seq.) and homeless children and youth as defined in Section

11434a of the federal McKinney-Vento Homeless Assistance Act

(42 U.S.C. 11434a), subject to verification as set forth in

subsection (c) of this Section. Such textbooks shall be loaned

only, and the directors shall require the teacher to see that

they are properly cared for and returned at the end of each

term of school.

(b) To waive all fees and any fines for the loss of school

property assessed by the district on children whose parents

are unable to afford them, including, but not limited to:

(1) children living in households that meet the free

lunch or breakfast eligibility guidelines established by

the federal government pursuant to Section 1758 of the

federal Richard B. Russell National School Lunch Act (42

U.S.C. 1758; 7 CFR C.F.R. 245 et seq.) and students whose

parents are veterans or active duty military personnel

with income at or below 200% of the federal poverty line,

subject to verification as set forth in subsection (c) of

this Section, and

(2) homeless children and youth as defined in Section

11434a of the federal McKinney-Vento Homeless Assistance

Act (42 U.S.C. 11434a).

Notice of waiver availability shall be given to parents or

guardians with every bill for fees or fines. The school board

shall adopt written policies and procedures for such waiver of

fees in accordance with regulations promulgated by the State

Board of Education.

(c) Any school board that participates in a federally

funded, school-based child nutrition program and uses a

student's application for, eligibility for, or participation

in the federally funded, school-based child nutrition program

(42 U.S.C. 1758; 7 CFR C.F.R. 245 et seq.) as the basis for

waiving fees assessed by the school district must follow the

verification requirements of the federally funded,

school-based child nutrition program (42 U.S.C. 1758; 7 CFR

C.F.R. 245.6a).

A school board that establishes a process for the

determination of eligibility for waiver of fees assessed by

the school district that is completely independent of a

student's application for, eligibility for, or participation

in a federally funded, school-based child nutrition program

may provide for fee waiver verification no more often than

once per academic year. Information obtained during the

independent, fee waiver verification process indicating that

the student does not meet free lunch or breakfast eligibility

guidelines may be used to deny the waiver of the student's fees

or fines for the loss of school property, provided that any

information obtained through this independent process for

determining or verifying eligibility for fee waivers shall not

be used to determine or verify eligibility for any federally

funded, school-based child nutrition program. This subsection

shall not preclude children from obtaining waivers at any

point during the academic year.

(Source: P.A. 102-805, eff. 1-1-23; 102-1032, eff. 5-27-22;

revised 12-13-22.)

(105 ILCS 5/10-20.83)

Sec. 10-20.83. COVID-19 paid administrative leave.

(a) In this Section:

"Employee" means a person employed by a school district on

or after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

"Fully vaccinated against COVID-19" means:

(1) 2 weeks after receiving the second dose in a

2-dose series of a COVID-19 vaccine authorized for

emergency use, licensed, or otherwise approved by the

United States Food and Drug Administration; or

(2) 2 weeks after receiving a single dose of a

COVID-19 vaccine authorized for emergency use, licensed,

or otherwise approved by the United States Food and Drug

Administration.

"Fully vaccinated against COVID-19" also includes any

recommended booster doses for which the individual is eligible

upon the adoption by the Department of Public Health of any

changes made by the Centers for Disease Control and Prevention

of the United States Department of Health and Human Services

to the definition of "fully vaccinated against COVID-19" to

include any such booster doses. For purposes of this Section,

individuals who are eligible for a booster dose but have not

received a booster dose by 5 weeks after the Department of

Public Health adopts a revised definition of "fully vaccinated

against COVID-19" are not considered fully vaccinated for

determining eligibility for future paid administrative leave

pursuant to this Section.

"School district" includes charter schools established

under Article 27A of this Code, but does not include the

Department of Juvenile Justice School District.

(b) During any time when the Governor has declared a

disaster due to a public health emergency pursuant to Section

7 of the Illinois Emergency Management Agency Act and a school

district, the State or any of its agencies, or a local public

health department has issued guidance, mandates, or rules

related to COVID-19 that restrict an employee of the school

district from being on school district property because the

employee (i) has a confirmed positive COVID-19 diagnosis via a

molecular amplification diagnostic test, such as a polymerase

chain reaction (PCR) test for COVID-19, (ii) has a probable

COVID-19 diagnosis via an antigen diagnostic test, (iii) has

been in close contact with a person who had a confirmed case of

COVID-19 and is required to be excluded from the school, or

(iv) is required by the school or school district policy to be

excluded from school district property due to COVID-19

symptoms, the employee of the school district shall receive as

many days of administrative leave as required to abide by the

public health guidance, mandates, and requirements issued by

the Department of Public Health, unless a longer period of

paid administrative leave has been negotiated with the

exclusive bargaining representative if any. Such leave shall

be provided to an employee for any days for which the employee

was required to be excluded from school property prior to

April 5, 2022 (the effective date of Public Act 102-697) this

amendatory Act of the 102nd General Assembly, provided that

the employee receives all doses required to meet the

definition of "fully vaccinated against COVID-19" under this

Section no later than 5 weeks after April 5, 2022 (the

effective date of Public Act 102-697) this amendatory Act of

the 102nd General Assembly.

(c) An employee of a school district shall receive paid

administrative leave pursuant to subsection (b) of this

Section, unless a longer period of paid administrative leave

has been negotiated with the exclusive bargaining

representative if any, to care for a child of the employee if

the child is unable to attend elementary or secondary school

because the child has:

(1) a confirmed positive COVID-19 diagnosis via a

molecular amplification diagnostic test, such as a

polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen

diagnostic test;

(3) been in close contact with a person who has a

confirmed case of COVID-19 and is required to be excluded

from school; or

(4) been required by the school or school district

policy to be excluded from school district property due to

COVID-19 symptoms.

Such leave shall be provided to an employee for any days needed

to care for a child of the employee prior to April 5, 2022 (the

effective date of Public Act 102-697) this amendatory Act of

the 102nd General Assembly, provided that the employee

receives the doses required to meet the definition of "fully

vaccinated against COVID-19" under this Section no later than

5 weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

(d) An employee of a school district who is on paid

administrative leave pursuant to this Section must provide all

documentation requested by the school board.

(e) An employee of a school district who is on paid

administrative leave pursuant to this Section shall receive

the employee's regular rate of pay. The use of a paid

administrative leave day or days by an employee pursuant to

this Section may not diminish any other leave or benefits of

the employee.

(f) An employee of a school district may not accrue paid

administrative leave pursuant to this Section.

(g) For an employee of a school district to be eligible to

receive paid administrative leave pursuant to this Section,

the employee must:

(1) have received all required doses to be fully

vaccinated against COVID-19, as defined in this Section;

and

(2) participate in the COVID-19 testing program

adopted by the school district to the extent such a

testing program requires participation by individuals who

are fully vaccinated against COVID-19.

(h) Nothing in this Section is intended to affect any

right or remedy under federal law.

(i) No paid administrative leave awarded to or used by a

fully vaccinated employee prior to the Department of Public

Health's adoption of a revised definition of the term "fully

vaccinated against COVID-19" may be rescinded on the basis

that the employee no longer meets the definition of "fully

vaccinated against COVID-19" based on the revised definition.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-3-22.)

(105 ILCS 5/10-20.84)

Sec. 10-20.84 10-20.83. College and career readiness

systems.

(a) Subject to subsection (d) of this Section, by July 1,

2025, a school district that enrolls students in any of grades

6 through 12 shall adopt and commence implementation of career

exploration and career development activities in accordance

with a postsecondary and career expectations framework for

each of grades 6 through 12 served by the district that

substantially aligns to the model framework adopted by State

agencies pursuant to Section 15 of the Postsecondary and

Workforce Readiness Act. The local postsecondary and career

expectations framework shall be available on a prominent

location on the school district's website.

The career exploration and career development activities

offered in alignment with the postsecondary and career

expectations framework shall prepare students enrolled in

grades 6 through 12 to make informed plans and decisions about

their future education and career goals, including possible

participation in a career and technical education pathway, by

providing students with opportunities to explore a wide

variety of high-skill, high-wage, and in-demand career fields.

(b) By no later than July 1, 2025, a school district that

enrolls students in any of grades 9 through 12 shall either

elect to implement College and Career Pathway Endorsements in

accordance with subsection (c) of this Section or opt out of

implementation in accordance with subsection (d) of this

Section.

(c) A school district that enrolls students in any of

grades 9 through 12 electing to implement College and Career

Pathway Endorsements shall become an eligible school district

and either (i) independently, (ii) through an area career

center, or (iii) through an inter-district cooperative, award

College and Career Pathway Endorsements pursuant to the

Postsecondary and Workforce Readiness Act and pursuant to the

following schedule:

(1) for the high school graduating class of 2027, a

school district shall offer College and Career Pathway

Endorsements in at least one endorsement area;

(2) for the high school graduating class of 2029, a

school district shall offer College and Career Pathway

Endorsements in at least 2 endorsement areas; and

(3) for the high school graduating class of 2031, a

school district with a grade 9 through 12 enrollment of

more than 350 students, as calculated by the State Board

of Education for the 2022-2023 school year, shall offer

College and Career Pathway Endorsements in at least 3

endorsement areas.

A school district may elect to implement College and

Career Pathway Endorsements by July 1, 2025, either by

submitting the necessary application materials to the State

Board of Education to award the number of endorsements

required by this subsection or by the school board of the

district adopting a timeline for implementation consistent

with the requirements of this subsection.

(d) The school board of any school district may, by action

of the board, opt out of implementation of all or any part of

this Section through adoption of a set of findings that

considers the following:

(1) the school district's current systems for college

and career readiness;

(2) the school district's cost of implementation

balanced against the potential benefits to students and

families through improved postsecondary education and

career outcomes;

(3) the willingness and capacity of local businesses

to partner with the school district for successful

implementation of pathways other than education;

(4) the willingness of institutions of higher

education to partner with the school district for

successful implementation of the pathway and whether the

district has sought and established a partnership

agreement with a community college district incorporating

the provisions of the Model Partnership Agreement under

the Dual Credit Quality Act;

(5) the availability of a statewide database of

participating local business partners, as provided under

the Postsecondary and Workforce Readiness Act, for the

purpose of career readiness and the accessibility of those

work experiences and apprenticeships listed in the

database to the students of the school district; and

(6) the availability of properly licensed teachers or

teachers meeting faculty credential standards for dual

credit courses to instruct in the program required for the

endorsement areas.

A school district must report its board findings and

decision on implementation to the State Board of Education. A

school district electing to opt out of implementation may

reverse its decision in whole or in part at any time.

(e) The State Board of Education may adopt any rules

necessary to implement this Section.

(Source: P.A. 102-917, eff. 1-1-23; revised 1-10-23.)

(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)

(Text of Section before amendment by P.A. 102-702)

Sec. 10-21.9. Criminal history records checks and checks

of the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database.

(a) Licensed and nonlicensed applicants for employment

with a school district, except school bus driver applicants,

are required as a condition of employment to authorize a

fingerprint-based criminal history records check to determine

if such applicants have been convicted of any disqualifying,

enumerated criminal or drug offenses in subsection (c) of this

Section or have been convicted, within 7 years of the

application for employment with the school district, of any

other felony under the laws of this State or of any offense

committed or attempted in any other state or against the laws

of the United States that, if committed or attempted in this

State, would have been punishable as a felony under the laws of

this State. Authorization for the check shall be furnished by

the applicant to the school district, except that if the

applicant is a substitute teacher seeking employment in more

than one school district, a teacher seeking concurrent

part-time employment positions with more than one school

district (as a reading specialist, special education teacher

or otherwise), or an educational support personnel employee

seeking employment positions with more than one district, any

such district may require the applicant to furnish

authorization for the check to the regional superintendent of

the educational service region in which are located the school

districts in which the applicant is seeking employment as a

substitute or concurrent part-time teacher or concurrent

educational support personnel employee. Upon receipt of this

authorization, the school district or the appropriate regional

superintendent, as the case may be, shall submit the

applicant's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois State Police, to the Illinois State

Police. The regional superintendent submitting the requisite

information to the Illinois State Police shall promptly notify

the school districts in which the applicant is seeking

employment as a substitute or concurrent part-time teacher or

concurrent educational support personnel employee that the

check of the applicant has been requested. The Illinois State

Police and the Federal Bureau of Investigation shall furnish,

pursuant to a fingerprint-based criminal history records

check, records of convictions, forever and hereinafter, until

expunged, to the president of the school board for the school

district that requested the check, or to the regional

superintendent who requested the check. The Illinois State

Police shall charge the school district or the appropriate

regional superintendent a fee for conducting such check, which

fee shall be deposited in the State Police Services Fund and

shall not exceed the cost of the inquiry; and the applicant

shall not be charged a fee for such check by the school

district or by the regional superintendent, except that those

applicants seeking employment as a substitute teacher with a

school district may be charged a fee not to exceed the cost of

the inquiry. Subject to appropriations for these purposes, the

State Superintendent of Education shall reimburse school

districts and regional superintendents for fees paid to obtain

criminal history records checks under this Section.

(a-5) The school district or regional superintendent shall

further perform a check of the Statewide Sex Offender

Database, as authorized by the Sex Offender Community

Notification Law, for each applicant. The check of the

Statewide Sex Offender Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(a-6) The school district or regional superintendent shall

further perform a check of the Statewide Murderer and Violent

Offender Against Youth Database, as authorized by the Murderer

and Violent Offender Against Youth Community Notification Law,

for each applicant. The check of the Murderer and Violent

Offender Against Youth Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(b) Any information concerning the record of convictions

obtained by the president of the school board or the regional

superintendent shall be confidential and may only be

transmitted to the superintendent of the school district or

his designee, the appropriate regional superintendent if the

check was requested by the school district, the presidents of

the appropriate school boards if the check was requested from

the Illinois State Police by the regional superintendent, the

State Board of Education and a school district as authorized

under subsection (b-5), the State Superintendent of Education,

the State Educator Preparation and Licensure Board, any other

person necessary to the decision of hiring the applicant for

employment, or for clarification purposes the Illinois State

Police or Statewide Sex Offender Database, or both. A copy of

the record of convictions obtained from the Illinois State

Police shall be provided to the applicant for employment. Upon

the check of the Statewide Sex Offender Database or Statewide

Murderer and Violent Offender Against Youth Database, the

school district or regional superintendent shall notify an

applicant as to whether or not the applicant has been

identified in the Database. If a check of an applicant for

employment as a substitute or concurrent part-time teacher or

concurrent educational support personnel employee in more than

one school district was requested by the regional

superintendent, and the Illinois State Police upon a check

ascertains that the applicant has not been convicted of any of

the enumerated criminal or drug offenses in subsection (c) of

this Section or has not been convicted, within 7 years of the

application for employment with the school district, of any

other felony under the laws of this State or of any offense

committed or attempted in any other state or against the laws

of the United States that, if committed or attempted in this

State, would have been punishable as a felony under the laws of

this State and so notifies the regional superintendent and if

the regional superintendent upon a check ascertains that the

applicant has not been identified in the Sex Offender Database

or Statewide Murderer and Violent Offender Against Youth

Database, then the regional superintendent shall issue to the

applicant a certificate evidencing that as of the date

specified by the Illinois State Police the applicant has not

been convicted of any of the enumerated criminal or drug

offenses in subsection (c) of this Section or has not been

convicted, within 7 years of the application for employment

with the school district, of any other felony under the laws of

this State or of any offense committed or attempted in any

other state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State and

evidencing that as of the date that the regional

superintendent conducted a check of the Statewide Sex Offender

Database or Statewide Murderer and Violent Offender Against

Youth Database, the applicant has not been identified in the

Database. The school board of any school district may rely on

the certificate issued by any regional superintendent to that

substitute teacher, concurrent part-time teacher, or

concurrent educational support personnel employee or may

initiate its own criminal history records check of the

applicant through the Illinois State Police and its own check

of the Statewide Sex Offender Database or Statewide Murderer

and Violent Offender Against Youth Database as provided in

this Section. Any unauthorized release of confidential

information may be a violation of Section 7 of the Criminal

Identification Act.

(b-5) If a criminal history records check or check of the

Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database is performed by a

regional superintendent for an applicant seeking employment as

a substitute teacher with a school district, the regional

superintendent may disclose to the State Board of Education

whether the applicant has been issued a certificate under

subsection (b) based on those checks. If the State Board

receives information on an applicant under this subsection,

then it must indicate in the Educator Licensure Information

System for a 90-day period that the applicant has been issued

or has not been issued a certificate.

(c) No school board shall knowingly employ a person who

has been convicted of any offense that would subject him or her

to license suspension or revocation pursuant to Section 21B-80

of this Code, except as provided under subsection (b) of

Section 21B-80. Further, no school board shall knowingly

employ a person who has been found to be the perpetrator of

sexual or physical abuse of any minor under 18 years of age

pursuant to proceedings under Article II of the Juvenile Court

Act of 1987. As a condition of employment, each school board

must consider the status of a person who has been issued an

indicated finding of abuse or neglect of a child by the

Department of Children and Family Services under the Abused

and Neglected Child Reporting Act or by a child welfare agency

of another jurisdiction.

(d) No school board shall knowingly employ a person for

whom a criminal history records check and a Statewide Sex

Offender Database check have not been initiated.

(e) Within 10 days after a superintendent, regional office

of education, or entity that provides background checks of

license holders to public schools receives information of a

pending criminal charge against a license holder for an

offense set forth in Section 21B-80 of this Code, the

superintendent, regional office of education, or entity must

notify the State Superintendent of Education of the pending

criminal charge.

If permissible by federal or State law, no later than 15

business days after receipt of a record of conviction or of

checking the Statewide Murderer and Violent Offender Against

Youth Database or the Statewide Sex Offender Database and

finding a registration, the superintendent of the employing

school board or the applicable regional superintendent shall,

in writing, notify the State Superintendent of Education of

any license holder who has been convicted of a crime set forth

in Section 21B-80 of this Code. Upon receipt of the record of a

conviction of or a finding of child abuse by a holder of any

license issued pursuant to Article 21B or Section 34-8.1 of

this Code, the State Superintendent of Education may initiate

licensure suspension and revocation proceedings as authorized

by law. If the receipt of the record of conviction or finding

of child abuse is received within 6 months after the initial

grant of or renewal of a license, the State Superintendent of

Education may rescind the license holder's license.

(e-5) The superintendent of the employing school board

shall, in writing, notify the State Superintendent of

Education and the applicable regional superintendent of

schools of any license holder whom he or she has reasonable

cause to believe has committed an intentional act of abuse or

neglect with the result of making a child an abused child or a

neglected child, as defined in Section 3 of the Abused and

Neglected Child Reporting Act, and that act resulted in the

license holder's dismissal or resignation from the school

district. This notification must be submitted within 30 days

after the dismissal or resignation and must include the

Illinois Educator Identification Number (IEIN) of the license

holder and a brief description of the misconduct alleged. The

license holder must also be contemporaneously sent a copy of

the notice by the superintendent. All correspondence,

documentation, and other information so received by the

regional superintendent of schools, the State Superintendent

of Education, the State Board of Education, or the State

Educator Preparation and Licensure Board under this subsection

(e-5) is confidential and must not be disclosed to third

parties, except (i) as necessary for the State Superintendent

of Education or his or her designee to investigate and

prosecute pursuant to Article 21B of this Code, (ii) pursuant

to a court order, (iii) for disclosure to the license holder or

his or her representative, or (iv) as otherwise provided in

this Article and provided that any such information admitted

into evidence in a hearing is exempt from this confidentiality

and non-disclosure requirement. Except for an act of willful

or wanton misconduct, any superintendent who provides

notification as required in this subsection (e-5) shall have

immunity from any liability, whether civil or criminal or that

otherwise might result by reason of such action.

(f) After January 1, 1990 the provisions of this Section

shall apply to all employees of persons or firms holding

contracts with any school district including, but not limited

to, food service workers, school bus drivers and other

transportation employees, who have direct, daily contact with

the pupils of any school in such district. For purposes of

criminal history records checks and checks of the Statewide

Sex Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to

more than one school district, the regional superintendent of

the educational service region in which the contracting school

districts are located may, at the request of any such school

district, be responsible for receiving the authorization for a

criminal history records check prepared by each such employee

and submitting the same to the Illinois State Police and for

conducting a check of the Statewide Sex Offender Database for

each employee. Any information concerning the record of

conviction and identification as a sex offender of any such

employee obtained by the regional superintendent shall be

promptly reported to the president of the appropriate school

board or school boards.

(f-5) Upon request of a school or school district, any

information obtained by a school district pursuant to

subsection (f) of this Section within the last year must be

made available to the requesting school or school district.

(g) Prior to the commencement of any student teaching

experience or required internship (which is referred to as

student teaching in this Section) in the public schools, a

student teacher is required to authorize a fingerprint-based

criminal history records check. Authorization for and payment

of the costs of the check must be furnished by the student

teacher to the school district where the student teaching is

to be completed. Upon receipt of this authorization and

payment, the school district shall submit the student

teacher's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois State Police, to the Illinois State

Police. The Illinois State Police and the Federal Bureau of

Investigation shall furnish, pursuant to a fingerprint-based

criminal history records check, records of convictions,

forever and hereinafter, until expunged, to the president of

the school board for the school district that requested the

check. The Illinois State Police shall charge the school

district a fee for conducting the check, which fee must not

exceed the cost of the inquiry and must be deposited into the

State Police Services Fund. The school district shall further

perform a check of the Statewide Sex Offender Database, as

authorized by the Sex Offender Community Notification Law, and

of the Statewide Murderer and Violent Offender Against Youth

Database, as authorized by the Murderer and Violent Offender

Against Youth Registration Act, for each student teacher. No

school board may knowingly allow a person to student teach for

whom a criminal history records check, a Statewide Sex

Offender Database check, and a Statewide Murderer and Violent

Offender Against Youth Database check have not been completed

and reviewed by the district.

A copy of the record of convictions obtained from the

Illinois State Police must be provided to the student teacher.

Any information concerning the record of convictions obtained

by the president of the school board is confidential and may

only be transmitted to the superintendent of the school

district or his or her designee, the State Superintendent of

Education, the State Educator Preparation and Licensure Board,

or, for clarification purposes, the Illinois State Police or

the Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database. Any unauthorized

release of confidential information may be a violation of

Section 7 of the Criminal Identification Act.

No school board shall knowingly allow a person to student

teach who has been convicted of any offense that would subject

him or her to license suspension or revocation pursuant to

subsection (c) of Section 21B-80 of this Code, except as

provided under subsection (b) of Section 21B-80. Further, no

school board shall allow a person to student teach if he or she

has been found to be the perpetrator of sexual or physical

abuse of a minor under 18 years of age pursuant to proceedings

under Article II of the Juvenile Court Act of 1987. Each school

board must consider the status of a person to student teach who

has been issued an indicated finding of abuse or neglect of a

child by the Department of Children and Family Services under

the Abused and Neglected Child Reporting Act or by a child

welfare agency of another jurisdiction.

(h) (Blank).

(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;

101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.

1-1-22; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22;

102-1071, eff. 6-10-22.)

(Text of Section after amendment by P.A. 102-702)

Sec. 10-21.9. Criminal history records checks and checks

of the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database.

(a) Licensed and nonlicensed applicants for employment

with a school district, except school bus driver applicants,

are required as a condition of employment to authorize a

fingerprint-based criminal history records check to determine

if such applicants have been convicted of any disqualifying,

enumerated criminal or drug offenses in subsection (c) of this

Section or have been convicted, within 7 years of the

application for employment with the school district, of any

other felony under the laws of this State or of any offense

committed or attempted in any other state or against the laws

of the United States that, if committed or attempted in this

State, would have been punishable as a felony under the laws of

this State. Authorization for the check shall be furnished by

the applicant to the school district, except that if the

applicant is a substitute teacher seeking employment in more

than one school district, a teacher seeking concurrent

part-time employment positions with more than one school

district (as a reading specialist, special education teacher

or otherwise), or an educational support personnel employee

seeking employment positions with more than one district, any

such district may require the applicant to furnish

authorization for the check to the regional superintendent of

the educational service region in which are located the school

districts in which the applicant is seeking employment as a

substitute or concurrent part-time teacher or concurrent

educational support personnel employee. Upon receipt of this

authorization, the school district or the appropriate regional

superintendent, as the case may be, shall submit the

applicant's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois State Police, to the Illinois State

Police. The regional superintendent submitting the requisite

information to the Illinois State Police shall promptly notify

the school districts in which the applicant is seeking

employment as a substitute or concurrent part-time teacher or

concurrent educational support personnel employee that the

check of the applicant has been requested. The Illinois State

Police and the Federal Bureau of Investigation shall furnish,

pursuant to a fingerprint-based criminal history records

check, records of convictions, forever and hereinafter, until

expunged, to the president of the school board for the school

district that requested the check, or to the regional

superintendent who requested the check. The Illinois State

Police shall charge the school district or the appropriate

regional superintendent a fee for conducting such check, which

fee shall be deposited in the State Police Services Fund and

shall not exceed the cost of the inquiry; and the applicant

shall not be charged a fee for such check by the school

district or by the regional superintendent, except that those

applicants seeking employment as a substitute teacher with a

school district may be charged a fee not to exceed the cost of

the inquiry. Subject to appropriations for these purposes, the

State Superintendent of Education shall reimburse school

districts and regional superintendents for fees paid to obtain

criminal history records checks under this Section.

(a-5) The school district or regional superintendent shall

further perform a check of the Statewide Sex Offender

Database, as authorized by the Sex Offender Community

Notification Law, for each applicant. The check of the

Statewide Sex Offender Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(a-6) The school district or regional superintendent shall

further perform a check of the Statewide Murderer and Violent

Offender Against Youth Database, as authorized by the Murderer

and Violent Offender Against Youth Community Notification Law,

for each applicant. The check of the Murderer and Violent

Offender Against Youth Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(b) Any information concerning the record of convictions

obtained by the president of the school board or the regional

superintendent shall be confidential and may only be

transmitted to the superintendent of the school district or

his designee, the appropriate regional superintendent if the

check was requested by the school district, the presidents of

the appropriate school boards if the check was requested from

the Illinois State Police by the regional superintendent, the

State Board of Education and a school district as authorized

under subsection (b-5), the State Superintendent of Education,

the State Educator Preparation and Licensure Board, any other

person necessary to the decision of hiring the applicant for

employment, or for clarification purposes the Illinois State

Police or Statewide Sex Offender Database, or both. A copy of

the record of convictions obtained from the Illinois State

Police shall be provided to the applicant for employment. Upon

the check of the Statewide Sex Offender Database or Statewide

Murderer and Violent Offender Against Youth Database, the

school district or regional superintendent shall notify an

applicant as to whether or not the applicant has been

identified in the Database. If a check of an applicant for

employment as a substitute or concurrent part-time teacher or

concurrent educational support personnel employee in more than

one school district was requested by the regional

superintendent, and the Illinois State Police upon a check

ascertains that the applicant has not been convicted of any of

the enumerated criminal or drug offenses in subsection (c) of

this Section or has not been convicted, within 7 years of the

application for employment with the school district, of any

other felony under the laws of this State or of any offense

committed or attempted in any other state or against the laws

of the United States that, if committed or attempted in this

State, would have been punishable as a felony under the laws of

this State and so notifies the regional superintendent and if

the regional superintendent upon a check ascertains that the

applicant has not been identified in the Sex Offender Database

or Statewide Murderer and Violent Offender Against Youth

Database, then the regional superintendent shall issue to the

applicant a certificate evidencing that as of the date

specified by the Illinois State Police the applicant has not

been convicted of any of the enumerated criminal or drug

offenses in subsection (c) of this Section or has not been

convicted, within 7 years of the application for employment

with the school district, of any other felony under the laws of

this State or of any offense committed or attempted in any

other state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State and

evidencing that as of the date that the regional

superintendent conducted a check of the Statewide Sex Offender

Database or Statewide Murderer and Violent Offender Against

Youth Database, the applicant has not been identified in the

Database. The school board of any school district may rely on

the certificate issued by any regional superintendent to that

substitute teacher, concurrent part-time teacher, or

concurrent educational support personnel employee or may

initiate its own criminal history records check of the

applicant through the Illinois State Police and its own check

of the Statewide Sex Offender Database or Statewide Murderer

and Violent Offender Against Youth Database as provided in

this Section. Any unauthorized release of confidential

information may be a violation of Section 7 of the Criminal

Identification Act.

(b-5) If a criminal history records check or check of the

Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database is performed by a

regional superintendent for an applicant seeking employment as

a substitute teacher with a school district, the regional

superintendent may disclose to the State Board of Education

whether the applicant has been issued a certificate under

subsection (b) based on those checks. If the State Board

receives information on an applicant under this subsection,

then it must indicate in the Educator Licensure Information

System for a 90-day period that the applicant has been issued

or has not been issued a certificate.

(c) No school board shall knowingly employ a person who

has been convicted of any offense that would subject him or her

to license suspension or revocation pursuant to Section 21B-80

of this Code, except as provided under subsection (b) of

Section 21B-80. Further, no school board shall knowingly

employ a person who has been found to be the perpetrator of

sexual or physical abuse of any minor under 18 years of age

pursuant to proceedings under Article II of the Juvenile Court

Act of 1987. As a condition of employment, each school board

must consider the status of a person who has been issued an

indicated finding of abuse or neglect of a child by the

Department of Children and Family Services under the Abused

and Neglected Child Reporting Act or by a child welfare agency

of another jurisdiction.

(d) No school board shall knowingly employ a person for

whom a criminal history records check and a Statewide Sex

Offender Database check have not been initiated.

(e) Within 10 days after a superintendent, regional office

of education, or entity that provides background checks of

license holders to public schools receives information of a

pending criminal charge against a license holder for an

offense set forth in Section 21B-80 of this Code, the

superintendent, regional office of education, or entity must

notify the State Superintendent of Education of the pending

criminal charge.

If permissible by federal or State law, no later than 15

business days after receipt of a record of conviction or of

checking the Statewide Murderer and Violent Offender Against

Youth Database or the Statewide Sex Offender Database and

finding a registration, the superintendent of the employing

school board or the applicable regional superintendent shall,

in writing, notify the State Superintendent of Education of

any license holder who has been convicted of a crime set forth

in Section 21B-80 of this Code. Upon receipt of the record of a

conviction of or a finding of child abuse by a holder of any

license issued pursuant to Article 21B or Section 34-8.1 of

this Code, the State Superintendent of Education may initiate

licensure suspension and revocation proceedings as authorized

by law. If the receipt of the record of conviction or finding

of child abuse is received within 6 months after the initial

grant of or renewal of a license, the State Superintendent of

Education may rescind the license holder's license.

(e-5) The superintendent of the employing school board

shall, in writing, notify the State Superintendent of

Education and the applicable regional superintendent of

schools of any license holder whom he or she has reasonable

cause to believe has committed (i) an intentional act of abuse

or neglect with the result of making a child an abused child or

a neglected child, as defined in Section 3 of the Abused and

Neglected Child Reporting Act, or (ii) an act of sexual

misconduct, as defined in Section 22-85.5 of this Code, and

that act resulted in the license holder's dismissal or

resignation from the school district. This notification must

be submitted within 30 days after the dismissal or resignation

and must include the Illinois Educator Identification Number

(IEIN) of the license holder and a brief description of the

misconduct alleged. The license holder must also be

contemporaneously sent a copy of the notice by the

superintendent. All correspondence, documentation, and other

information so received by the regional superintendent of

schools, the State Superintendent of Education, the State

Board of Education, or the State Educator Preparation and

Licensure Board under this subsection (e-5) is confidential

and must not be disclosed to third parties, except (i) as

necessary for the State Superintendent of Education or his or

her designee to investigate and prosecute pursuant to Article

21B of this Code, (ii) pursuant to a court order, (iii) for

disclosure to the license holder or his or her representative,

or (iv) as otherwise provided in this Article and provided

that any such information admitted into evidence in a hearing

is exempt from this confidentiality and non-disclosure

requirement. Except for an act of willful or wanton

misconduct, any superintendent who provides notification as

required in this subsection (e-5) shall have immunity from any

liability, whether civil or criminal or that otherwise might

result by reason of such action.

(f) After January 1, 1990 the provisions of this Section

shall apply to all employees of persons or firms holding

contracts with any school district including, but not limited

to, food service workers, school bus drivers and other

transportation employees, who have direct, daily contact with

the pupils of any school in such district. For purposes of

criminal history records checks and checks of the Statewide

Sex Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to

more than one school district, the regional superintendent of

the educational service region in which the contracting school

districts are located may, at the request of any such school

district, be responsible for receiving the authorization for a

criminal history records check prepared by each such employee

and submitting the same to the Illinois State Police and for

conducting a check of the Statewide Sex Offender Database for

each employee. Any information concerning the record of

conviction and identification as a sex offender of any such

employee obtained by the regional superintendent shall be

promptly reported to the president of the appropriate school

board or school boards.

(f-5) Upon request of a school or school district, any

information obtained by a school district pursuant to

subsection (f) of this Section within the last year must be

made available to the requesting school or school district.

(g) Prior to the commencement of any student teaching

experience or required internship (which is referred to as

student teaching in this Section) in the public schools, a

student teacher is required to authorize a fingerprint-based

criminal history records check. Authorization for and payment

of the costs of the check must be furnished by the student

teacher to the school district where the student teaching is

to be completed. Upon receipt of this authorization and

payment, the school district shall submit the student

teacher's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois State Police, to the Illinois State

Police. The Illinois State Police and the Federal Bureau of

Investigation shall furnish, pursuant to a fingerprint-based

criminal history records check, records of convictions,

forever and hereinafter, until expunged, to the president of

the school board for the school district that requested the

check. The Illinois State Police shall charge the school

district a fee for conducting the check, which fee must not

exceed the cost of the inquiry and must be deposited into the

State Police Services Fund. The school district shall further

perform a check of the Statewide Sex Offender Database, as

authorized by the Sex Offender Community Notification Law, and

of the Statewide Murderer and Violent Offender Against Youth

Database, as authorized by the Murderer and Violent Offender

Against Youth Registration Act, for each student teacher. No

school board may knowingly allow a person to student teach for

whom a criminal history records check, a Statewide Sex

Offender Database check, and a Statewide Murderer and Violent

Offender Against Youth Database check have not been completed

and reviewed by the district.

A copy of the record of convictions obtained from the

Illinois State Police must be provided to the student teacher.

Any information concerning the record of convictions obtained

by the president of the school board is confidential and may

only be transmitted to the superintendent of the school

district or his or her designee, the State Superintendent of

Education, the State Educator Preparation and Licensure Board,

or, for clarification purposes, the Illinois State Police or

the Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database. Any unauthorized

release of confidential information may be a violation of

Section 7 of the Criminal Identification Act.

No school board shall knowingly allow a person to student

teach who has been convicted of any offense that would subject

him or her to license suspension or revocation pursuant to

subsection (c) of Section 21B-80 of this Code, except as

provided under subsection (b) of Section 21B-80. Further, no

school board shall allow a person to student teach if he or she

has been found to be the perpetrator of sexual or physical

abuse of a minor under 18 years of age pursuant to proceedings

under Article II of the Juvenile Court Act of 1987. Each school

board must consider the status of a person to student teach who

has been issued an indicated finding of abuse or neglect of a

child by the Department of Children and Family Services under

the Abused and Neglected Child Reporting Act or by a child

welfare agency of another jurisdiction.

(h) (Blank).

(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;

101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.

1-1-22; 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894,

eff. 5-20-22; 102-1071, eff. 6-10-22; revised 8-24-22.)

(105 ILCS 5/10-22.24b)

Sec. 10-22.24b. School counseling services. School

counseling services in public schools may be provided by

school counselors as defined in Section 10-22.24a of this Code

or by individuals who hold a Professional Educator License

with a school support personnel endorsement in the area of

school counseling under Section 21B-25 of this Code.

School counseling services may include, but are not

limited to:

(1) designing and delivering a comprehensive school

counseling program that promotes student achievement and

wellness;

(2) incorporating the common core language into the

school counselor's work and role;

(3) school counselors working as culturally skilled

professionals who act sensitively to promote social

justice and equity in a pluralistic society;

(4) providing individual and group counseling;

(5) providing a core counseling curriculum that serves

all students and addresses the knowledge and skills

appropriate to their developmental level through a

collaborative model of delivery involving the school

counselor, classroom teachers, and other appropriate

education professionals, and including prevention and

pre-referral activities;

(6) making referrals when necessary to appropriate

offices or outside agencies;

(7) providing college and career development

activities and counseling;

(8) developing individual career plans with students,

which includes planning for post-secondary education, as

appropriate, and engaging in related and relevant career

and technical education coursework in high school as

described in paragraph (55);

(9) assisting all students with a college or

post-secondary education plan, which must include a

discussion on all post-secondary education options,

including 4-year colleges or universities, community

colleges, and vocational schools, and includes planning

for post-secondary education, as appropriate, and engaging

in related and relevant career and technical education

coursework in high school as described in paragraph (55);

(10) intentionally addressing the career and college

needs of first generation students;

(11) educating all students on scholarships, financial

aid, and preparation of the Federal Application for

Federal Student Aid;

(12) collaborating with institutions of higher

education and local community colleges so that students

understand post-secondary education options and are ready

to transition successfully;

(13) providing crisis intervention and contributing to

the development of a specific crisis plan within the

school setting in collaboration with multiple

stakeholders;

(14) educating students, teachers, and parents on

anxiety, depression, cutting, and suicide issues and

intervening with students who present with these issues;

(15) providing counseling and other resources to

students who are in crisis;

(16) providing resources for those students who do not

have access to mental health services;

(17) addressing bullying and conflict resolution with

all students;

(18) teaching communication skills and helping

students develop positive relationships;

(19) using culturally sensitive culturally-sensitive

skills in working with all students to promote wellness;

(20) addressing the needs of undocumented students in

the school, as well as students who are legally in the

United States, but whose parents are undocumented;

(21) contributing to a student's functional behavioral

assessment, as well as assisting in the development of

non-aversive behavioral intervention strategies;

(22) (i) assisting students in need of special

education services by implementing the academic supports

and social-emotional and college or career development

counseling services or interventions per a student's

individualized education program (IEP); (ii) participating

in or contributing to a student's IEP and completing a

social-developmental history; or (iii) providing services

to a student with a disability under the student's IEP or

federal Section 504 plan, as recommended by the student's

IEP team or Section 504 plan team and in compliance with

federal and State laws and rules governing the provision

of educational and related services and school-based

accommodations to students with disabilities and the

qualifications of school personnel to provide such

services and accommodations;

(23) assisting in the development of a personal

educational plan with each student;

(24) educating students on dual credit and learning

opportunities on the Internet;

(25) providing information for all students in the

selection of courses that will lead to post-secondary

education opportunities toward a successful career;

(26) interpreting achievement test results and guiding

students in appropriate directions;

(27) counseling with students, families, and teachers,

in compliance with federal and State laws;

(28) providing families with opportunities for

education and counseling as appropriate in relation to the

student's educational assessment;

(29) consulting and collaborating with teachers and

other school personnel regarding behavior management and

intervention plans and inclusion in support of students;

(30) teaming and partnering with staff, parents,

businesses, and community organizations to support student

achievement and social-emotional learning standards for

all students;

(31) developing and implementing school-based

prevention programs, including, but not limited to,

mediation and violence prevention, implementing social and

emotional education programs and services, and

establishing and implementing bullying prevention and

intervention programs;

(32) developing culturally sensitive

culturally-sensitive assessment instruments for measuring

school counseling prevention and intervention

effectiveness and collecting, analyzing, and interpreting

data;

(33) participating on school and district committees

to advocate for student programs and resources, as well as

establishing a school counseling advisory council that

includes representatives of key stakeholders selected to

review and advise on the implementation of the school

counseling program;

(34) acting as a liaison between the public schools

and community resources and building relationships with

important stakeholders, such as families, administrators,

teachers, and board members;

(35) maintaining organized, clear, and useful records

in a confidential manner consistent with Section 5 of the

Illinois School Student Records Act, the Family

Educational Rights and Privacy Act, and the Health

Insurance Portability and Accountability Act;

(36) presenting an annual agreement to the

administration, including a formal discussion of the

alignment of school and school counseling program missions

and goals and detailing specific school counselor

responsibilities;

(37) identifying and implementing culturally sensitive

culturally-sensitive measures of success for student

competencies in each of the 3 domains of academic, social

and emotional, and college and career learning based on

planned and periodic assessment of the comprehensive

developmental school counseling program;

(38) collaborating as a team member in Response to

Intervention (RtI) and other school initiatives;

(39) conducting observations and participating in

recommendations or interventions regarding the placement

of children in educational programs or special education

classes;

(40) analyzing data and results of school counseling

program assessments, including curriculum, small-group,

and closing-the-gap results reports, and designing

strategies to continue to improve program effectiveness;

(41) analyzing data and results of school counselor

competency assessments;

(42) following American School Counselor Association

Ethical Standards for School Counselors to demonstrate

high standards of integrity, leadership, and

professionalism;

(43) knowing and embracing common core standards by

using common core language;

(44) practicing as a culturally skilled

culturally-skilled school counselor by infusing the

multicultural competencies within the role of the school

counselor, including the practice of culturally sensitive

culturally-sensitive attitudes and beliefs, knowledge, and

skills;

(45) infusing the Social-Emotional Standards, as

presented in the State Board of Education standards,

across the curriculum and in the counselor's role in ways

that empower and enable students to achieve academic

success across all grade levels;

(46) providing services only in areas in which the

school counselor has appropriate training or expertise, as

well as only providing counseling or consulting services

within his or her employment to any student in the

district or districts which employ such school counselor,

in accordance with professional ethics;

(47) having adequate training in supervision knowledge

and skills in order to supervise school counseling interns

enrolled in graduate school counselor preparation programs

that meet the standards established by the State Board of

Education;

(48) being involved with State and national

professional associations;

(49) participating, at least once every 2 years, in an

in-service training program for school counselors

conducted by persons with expertise in domestic and sexual

violence and the needs of expectant and parenting youth,

which shall include training concerning (i) communicating

with and listening to youth victims of domestic or sexual

violence and expectant and parenting youth, (ii)

connecting youth victims of domestic or sexual violence

and expectant and parenting youth to appropriate in-school

services and other agencies, programs, and services as

needed, and (iii) implementing the school district's

policies, procedures, and protocols with regard to such

youth, including confidentiality; at a minimum, school

personnel must be trained to understand, provide

information and referrals, and address issues pertaining

to youth who are parents, expectant parents, or victims of

domestic or sexual violence;

(50) participating, at least every 2 years, in an

in-service training program for school counselors

conducted by persons with expertise in anaphylactic

reactions and management;

(51) participating, at least once every 2 years, in an

in-service training on educator ethics, teacher-student

conduct, and school employee-student conduct for all

personnel;

(52) participating, in addition to other topics at

in-service training programs, in training to identify the

warning signs of mental illness and suicidal behavior in

adolescents and teenagers and learning appropriate

intervention and referral techniques;

(53) obtaining training to have a basic knowledge of

matters relating to acquired immunodeficiency syndrome

(AIDS), including the nature of the disease, its causes

and effects, the means of detecting it and preventing its

transmission, and the availability of appropriate sources

of counseling and referral and any other information that

may be appropriate considering the age and grade level of

the pupils; the school board shall supervise such training

and the State Board of Education and the Department of

Public Health shall jointly develop standards for such

training;

(54) participating in mandates from the State Board of

Education for bullying education and social-emotional

literacy literary; and

(55) promoting career and technical education by

assisting each student to determine an appropriate

postsecondary plan based upon the student's skills,

strengths, and goals and assisting the student to

implement the best practices that improve career or

workforce readiness after high school.

School districts may employ a sufficient number of school

counselors to maintain the national and State recommended

student-counselor ratio of 250 to 1. School districts may have

school counselors spend at least 80% of his or her work time in

direct contact with students.

Nothing in this Section prohibits other qualified

professionals, including other endorsed school support

personnel, from providing the services listed in this Section.

(Source: P.A. 101-290, eff. 8-9-19; 102-876, eff. 1-1-23;

revised 12-9-22.)

(105 ILCS 5/13-40) (from Ch. 122, par. 13-40)

Sec. 13-40. To increase the effectiveness of the

Department of Juvenile Justice and thereby to better serve the

interests of the people of Illinois the following bill is

presented.

Its purpose is to enhance the quality and scope of

education for inmates and wards within the Department of

Juvenile Justice so that they will be better motivated and

better equipped to restore themselves to constructive and

law-abiding law abiding lives in the community. The specific

measure sought is the creation of a school district within the

Department so that its educational programs can meet the needs

of persons committed and so the resources of public education

at the state and federal levels are best used, all of the same

being contemplated within the provisions of the Illinois State

Constitution of 1970 which provides that "A fundamental goal

of the People of the State is the educational development of

all persons to the limits of their capacities." Therefore, on

July 1, 2006, the Department of Corrections school district

shall be transferred to the Department of Juvenile Justice. It

shall be responsible for the education of youth within the

Department of Juvenile Justice and inmates age 21 or under

within the Department of Corrections who have not yet earned a

high school diploma or a State of Illinois High School

Diploma, and the district may establish primary, secondary,

vocational, adult, special, and advanced educational schools

as provided in this Act. The Department of Corrections retains

authority as provided for in subsection (d) of Section 3-6-2

of the Unified Code of Corrections. The Board of Education for

this district shall with the aid and advice of professional

educational personnel of the Department of Juvenile Justice

and the State Board of Education determine the needs and type

of schools and the curriculum for each school within the

school district and may proceed to establish the same through

existing means within present and future appropriations,

federal and state school funds, vocational rehabilitation

grants and funds and all other funds, gifts and grants,

private or public, including federal funds, but not exclusive

to the said sources but inclusive of all funds which might be

available for school purposes.

(Source: P.A. 102-1100, eff. 1-1-23; revised 12-9-22.)

(105 ILCS 5/13B-20.5)

Sec. 13B-20.5. Eligible activities and services.

Alternative learning opportunities programs may include,

without limitation, evening high school, in-school tutoring

and mentoring programs, in-school suspension programs, high

school completion programs to assist high school dropouts in

completing their education, high school completion programs to

allow students eligible for remote learning under Section

34-18.81 34-18.78 to complete their education while

incarcerated in an institution or facility of the Department

of Corrections, support services, parental involvement

programs, and programs to develop, enhance, or extend the

transition for students transferring back to the regular

school program, an adult education program, or a

post-secondary education program.

(Source: P.A. 102-966, eff. 5-27-22; revised 8-3-22.)

(105 ILCS 5/18-8.15)

Sec. 18-8.15. Evidence-Based Funding for student success

for the 2017-2018 and subsequent school years.

(a) General provisions.

(1) The purpose of this Section is to ensure that, by

June 30, 2027 and beyond, this State has a kindergarten

through grade 12 public education system with the capacity

to ensure the educational development of all persons to

the limits of their capacities in accordance with Section

1 of Article X of the Constitution of the State of

Illinois. To accomplish that objective, this Section

creates a method of funding public education that is

evidence-based; is sufficient to ensure every student

receives a meaningful opportunity to learn irrespective of

race, ethnicity, sexual orientation, gender, or

community-income level; and is sustainable and

predictable. When fully funded under this Section, every

school shall have the resources, based on what the

evidence indicates is needed, to:

(A) provide all students with a high quality

education that offers the academic, enrichment, social

and emotional support, technical, and career-focused

programs that will allow them to become competitive

workers, responsible parents, productive citizens of

this State, and active members of our national

democracy;

(B) ensure all students receive the education they

need to graduate from high school with the skills

required to pursue post-secondary education and

training for a rewarding career;

(C) reduce, with a goal of eliminating, the

achievement gap between at-risk and non-at-risk

students by raising the performance of at-risk

students and not by reducing standards; and

(D) ensure this State satisfies its obligation to

assume the primary responsibility to fund public

education and simultaneously relieve the

disproportionate burden placed on local property taxes

to fund schools.

(2) The Evidence-Based Funding formula under this

Section shall be applied to all Organizational Units in

this State. The Evidence-Based Funding formula outlined in

this Act is based on the formula outlined in Senate Bill 1

of the 100th General Assembly, as passed by both

legislative chambers. As further defined and described in

this Section, there are 4 major components of the

Evidence-Based Funding model:

(A) First, the model calculates a unique Adequacy

Target for each Organizational Unit in this State that

considers the costs to implement research-based

activities, the unit's student demographics, and

regional wage differences.

(B) Second, the model calculates each

Organizational Unit's Local Capacity, or the amount

each Organizational Unit is assumed to contribute

toward its Adequacy Target from local resources.

(C) Third, the model calculates how much funding

the State currently contributes to the Organizational

Unit and adds that to the unit's Local Capacity to

determine the unit's overall current adequacy of

funding.

(D) Finally, the model's distribution method

allocates new State funding to those Organizational

Units that are least well-funded, considering both

Local Capacity and State funding, in relation to their

Adequacy Target.

(3) An Organizational Unit receiving any funding under

this Section may apply those funds to any fund so received

for which that Organizational Unit is authorized to make

expenditures by law.

(4) As used in this Section, the following terms shall

have the meanings ascribed in this paragraph (4):

"Adequacy Target" is defined in paragraph (1) of

subsection (b) of this Section.

"Adjusted EAV" is defined in paragraph (4) of

subsection (d) of this Section.

"Adjusted Local Capacity Target" is defined in

paragraph (3) of subsection (c) of this Section.

"Adjusted Operating Tax Rate" means a tax rate for all

Organizational Units, for which the State Superintendent

shall calculate and subtract for the Operating Tax Rate a

transportation rate based on total expenses for

transportation services under this Code, as reported on

the most recent Annual Financial Report in Pupil

Transportation Services, function 2550 in both the

Education and Transportation funds and functions 4110 and

4120 in the Transportation fund, less any corresponding

fiscal year State of Illinois scheduled payments excluding

net adjustments for prior years for regular, vocational,

or special education transportation reimbursement pursuant

to Section 29-5 or subsection (b) of Section 14-13.01 of

this Code divided by the Adjusted EAV. If an

Organizational Unit's corresponding fiscal year State of

Illinois scheduled payments excluding net adjustments for

prior years for regular, vocational, or special education

transportation reimbursement pursuant to Section 29-5 or

subsection (b) of Section 14-13.01 of this Code exceed the

total transportation expenses, as defined in this

paragraph, no transportation rate shall be subtracted from

the Operating Tax Rate.

"Allocation Rate" is defined in paragraph (3) of

subsection (g) of this Section.

"Alternative School" means a public school that is

created and operated by a regional superintendent of

schools and approved by the State Board.

"Applicable Tax Rate" is defined in paragraph (1) of

subsection (d) of this Section.

"Assessment" means any of those benchmark, progress

monitoring, formative, diagnostic, and other assessments,

in addition to the State accountability assessment, that

assist teachers' needs in understanding the skills and

meeting the needs of the students they serve.

"Assistant principal" means a school administrator

duly endorsed to be employed as an assistant principal in

this State.

"At-risk student" means a student who is at risk of

not meeting the Illinois Learning Standards or not

graduating from elementary or high school and who

demonstrates a need for vocational support or social

services beyond that provided by the regular school

program. All students included in an Organizational Unit's

Low-Income Count, as well as all English learner and

disabled students attending the Organizational Unit, shall

be considered at-risk students under this Section.

"Average Student Enrollment" or "ASE" for fiscal year

2018 means, for an Organizational Unit, the greater of the

average number of students (grades K through 12) reported

to the State Board as enrolled in the Organizational Unit

on October 1 in the immediately preceding school year,

plus the pre-kindergarten students who receive special

education services of 2 or more hours a day as reported to

the State Board on December 1 in the immediately preceding

school year, or the average number of students (grades K

through 12) reported to the State Board as enrolled in the

Organizational Unit on October 1, plus the

pre-kindergarten students who receive special education

services of 2 or more hours a day as reported to the State

Board on December 1, for each of the immediately preceding

3 school years. For fiscal year 2019 and each subsequent

fiscal year, "Average Student Enrollment" or "ASE" means,

for an Organizational Unit, the greater of the average

number of students (grades K through 12) reported to the

State Board as enrolled in the Organizational Unit on

October 1 and March 1 in the immediately preceding school

year, plus the pre-kindergarten students who receive

special education services as reported to the State Board

on October 1 and March 1 in the immediately preceding

school year, or the average number of students (grades K

through 12) reported to the State Board as enrolled in the

Organizational Unit on October 1 and March 1, plus the

pre-kindergarten students who receive special education

services as reported to the State Board on October 1 and

March 1, for each of the immediately preceding 3 school

years. For the purposes of this definition, "enrolled in

the Organizational Unit" means the number of students

reported to the State Board who are enrolled in schools

within the Organizational Unit that the student attends or

would attend if not placed or transferred to another

school or program to receive needed services. For the

purposes of calculating "ASE", all students, grades K

through 12, excluding those attending kindergarten for a

half day and students attending an alternative education

program operated by a regional office of education or

intermediate service center, shall be counted as 1.0. All

students attending kindergarten for a half day shall be

counted as 0.5, unless in 2017 by June 15 or by March 1 in

subsequent years, the school district reports to the State

Board of Education the intent to implement full-day

kindergarten district-wide for all students, then all

students attending kindergarten shall be counted as 1.0.

Special education pre-kindergarten students shall be

counted as 0.5 each. If the State Board does not collect or

has not collected both an October 1 and March 1 enrollment

count by grade or a December 1 collection of special

education pre-kindergarten students as of August 31, 2017

(the effective date of Public Act 100-465), it shall

establish such collection for all future years. For any

year in which a count by grade level was collected only

once, that count shall be used as the single count

available for computing a 3-year average ASE. Funding for

programs operated by a regional office of education or an

intermediate service center must be calculated using the

Evidence-Based Funding formula under this Section for the

2019-2020 school year and each subsequent school year

until separate adequacy formulas are developed and adopted

for each type of program. ASE for a program operated by a

regional office of education or an intermediate service

center must be determined by the March 1 enrollment for

the program. For the 2019-2020 school year, the ASE used

in the calculation must be the first-year ASE and, in that

year only, the assignment of students served by a regional

office of education or intermediate service center shall

not result in a reduction of the March enrollment for any

school district. For the 2020-2021 school year, the ASE

must be the greater of the current-year ASE or the 2-year

average ASE. Beginning with the 2021-2022 school year, the

ASE must be the greater of the current-year ASE or the

3-year average ASE. School districts shall submit the data

for the ASE calculation to the State Board within 45 days

of the dates required in this Section for submission of

enrollment data in order for it to be included in the ASE

calculation. For fiscal year 2018 only, the ASE

calculation shall include only enrollment taken on October

1. In recognition of the impact of COVID-19, the

definition of "Average Student Enrollment" or "ASE" shall

be adjusted for calculations under this Section for fiscal

years 2022 through 2024. For fiscal years 2022 through

2024, the enrollment used in the calculation of ASE

representing the 2020-2021 school year shall be the

greater of the enrollment for the 2020-2021 school year or

the 2019-2020 school year.

"Base Funding Guarantee" is defined in paragraph (10)

of subsection (g) of this Section.

"Base Funding Minimum" is defined in subsection (e) of

this Section.

"Base Tax Year" means the property tax levy year used

to calculate the Budget Year allocation of primary State

aid.

"Base Tax Year's Extension" means the product of the

equalized assessed valuation utilized by the county clerk

in the Base Tax Year multiplied by the limiting rate as

calculated by the county clerk and defined in PTELL.

"Bilingual Education Allocation" means the amount of

an Organizational Unit's final Adequacy Target

attributable to bilingual education divided by the

Organizational Unit's final Adequacy Target, the product

of which shall be multiplied by the amount of new funding

received pursuant to this Section. An Organizational

Unit's final Adequacy Target attributable to bilingual

education shall include all additional investments in

English learner students' adequacy elements.

"Budget Year" means the school year for which primary

State aid is calculated and awarded under this Section.

"Central office" means individual administrators and

support service personnel charged with managing the

instructional programs, business and operations, and

security of the Organizational Unit.

"Comparable Wage Index" or "CWI" means a regional cost

differentiation metric that measures systemic, regional

variations in the salaries of college graduates who are

not educators. The CWI utilized for this Section shall,

for the first 3 years of Evidence-Based Funding

implementation, be the CWI initially developed by the

National Center for Education Statistics, as most recently

updated by Texas A & M University. In the fourth and

subsequent years of Evidence-Based Funding implementation,

the State Superintendent shall re-determine the CWI using

a similar methodology to that identified in the Texas A & M

University study, with adjustments made no less frequently

than once every 5 years.

"Computer technology and equipment" means computers

servers, notebooks, network equipment, copiers, printers,

instructional software, security software, curriculum

management courseware, and other similar materials and

equipment.

"Computer technology and equipment investment

allocation" means the final Adequacy Target amount of an

Organizational Unit assigned to Tier 1 or Tier 2 in the

prior school year attributable to the additional $285.50

per student computer technology and equipment investment

grant divided by the Organizational Unit's final Adequacy

Target, the result of which shall be multiplied by the

amount of new funding received pursuant to this Section.

An Organizational Unit assigned to a Tier 1 or Tier 2 final

Adequacy Target attributable to the received computer

technology and equipment investment grant shall include

all additional investments in computer technology and

equipment adequacy elements.

"Core subject" means mathematics; science; reading,

English, writing, and language arts; history and social

studies; world languages; and subjects taught as Advanced

Placement in high schools.

"Core teacher" means a regular classroom teacher in

elementary schools and teachers of a core subject in

middle and high schools.

"Core Intervention teacher (tutor)" means a licensed

teacher providing one-on-one or small group tutoring to

students struggling to meet proficiency in core subjects.

"CPPRT" means corporate personal property replacement

tax funds paid to an Organizational Unit during the

calendar year one year before the calendar year in which a

school year begins, pursuant to "An Act in relation to the

abolition of ad valorem personal property tax and the

replacement of revenues lost thereby, and amending and

repealing certain Acts and parts of Acts in connection

therewith", certified August 14, 1979, as amended (Public

Act 81-1st S.S.-1).

"EAV" means equalized assessed valuation as defined in

paragraph (2) of subsection (d) of this Section and

calculated in accordance with paragraph (3) of subsection

(d) of this Section.

"ECI" means the Bureau of Labor Statistics' national

employment cost index for civilian workers in educational

services in elementary and secondary schools on a

cumulative basis for the 12-month calendar year preceding

the fiscal year of the Evidence-Based Funding calculation.

"EIS Data" means the employment information system

data maintained by the State Board on educators within

Organizational Units.

"Employee benefits" means health, dental, and vision

insurance offered to employees of an Organizational Unit,

the costs associated with the statutorily required payment

of the normal cost of the Organizational Unit's teacher

pensions, Social Security employer contributions, and

Illinois Municipal Retirement Fund employer contributions.

"English learner" or "EL" means a child included in

the definition of "English learners" under Section 14C-2

of this Code participating in a program of transitional

bilingual education or a transitional program of

instruction meeting the requirements and program

application procedures of Article 14C of this Code. For

the purposes of collecting the number of EL students

enrolled, the same collection and calculation methodology

as defined above for "ASE" shall apply to English

learners, with the exception that EL student enrollment

shall include students in grades pre-kindergarten through

12.

"Essential Elements" means those elements, resources,

and educational programs that have been identified through

academic research as necessary to improve student success,

improve academic performance, close achievement gaps, and

provide for other per student costs related to the

delivery and leadership of the Organizational Unit, as

well as the maintenance and operations of the unit, and

which are specified in paragraph (2) of subsection (b) of

this Section.

"Evidence-Based Funding" means State funding provided

to an Organizational Unit pursuant to this Section.

"Extended day" means academic and enrichment programs

provided to students outside the regular school day before

and after school or during non-instructional times during

the school day.

"Extension Limitation Ratio" means a numerical ratio

in which the numerator is the Base Tax Year's Extension

and the denominator is the Preceding Tax Year's Extension.

"Final Percent of Adequacy" is defined in paragraph

(4) of subsection (f) of this Section.

"Final Resources" is defined in paragraph (3) of

subsection (f) of this Section.

"Full-time equivalent" or "FTE" means the full-time

equivalency compensation for staffing the relevant

position at an Organizational Unit.

"Funding Gap" is defined in paragraph (1) of

subsection (g).

"Hybrid District" means a partial elementary unit

district created pursuant to Article 11E of this Code.

"Instructional assistant" means a core or special

education, non-licensed employee who assists a teacher in

the classroom and provides academic support to students.

"Instructional facilitator" means a qualified teacher

or licensed teacher leader who facilitates and coaches

continuous improvement in classroom instruction; provides

instructional support to teachers in the elements of

research-based instruction or demonstrates the alignment

of instruction with curriculum standards and assessment

tools; develops or coordinates instructional programs or

strategies; develops and implements training; chooses

standards-based instructional materials; provides

teachers with an understanding of current research; serves

as a mentor, site coach, curriculum specialist, or lead

teacher; or otherwise works with fellow teachers, in

collaboration, to use data to improve instructional

practice or develop model lessons.

"Instructional materials" means relevant

instructional materials for student instruction,

including, but not limited to, textbooks, consumable

workbooks, laboratory equipment, library books, and other

similar materials.

"Laboratory School" means a public school that is

created and operated by a public university and approved

by the State Board.

"Librarian" means a teacher with an endorsement as a

library information specialist or another individual whose

primary responsibility is overseeing library resources

within an Organizational Unit.

"Limiting rate for Hybrid Districts" means the

combined elementary school and high school limiting rates.

"Local Capacity" is defined in paragraph (1) of

subsection (c) of this Section.

"Local Capacity Percentage" is defined in subparagraph

(A) of paragraph (2) of subsection (c) of this Section.

"Local Capacity Ratio" is defined in subparagraph (B)

of paragraph (2) of subsection (c) of this Section.

"Local Capacity Target" is defined in paragraph (2) of

subsection (c) of this Section.

"Low-Income Count" means, for an Organizational Unit

in a fiscal year, the higher of the average number of

students for the prior school year or the immediately

preceding 3 school years who, as of July 1 of the

immediately preceding fiscal year (as determined by the

Department of Human Services), are eligible for at least

one of the following low-income programs: Medicaid, the

Children's Health Insurance Program, Temporary Assistance

for Needy Families (TANF), or the Supplemental Nutrition

Assistance Program, excluding pupils who are eligible for

services provided by the Department of Children and Family

Services. Until such time that grade level low-income

populations become available, grade level low-income

populations shall be determined by applying the low-income

percentage to total student enrollments by grade level.

The low-income percentage is determined by dividing the

Low-Income Count by the Average Student Enrollment. The

low-income percentage for programs operated by a regional

office of education or an intermediate service center must

be set to the weighted average of the low-income

percentages of all of the school districts in the service

region. The weighted low-income percentage is the result

of multiplying the low-income percentage of each school

district served by the regional office of education or

intermediate service center by each school district's

Average Student Enrollment, summarizing those products and

dividing the total by the total Average Student Enrollment

for the service region.

"Maintenance and operations" means custodial services,

facility and ground maintenance, facility operations,

facility security, routine facility repairs, and other

similar services and functions.

"Minimum Funding Level" is defined in paragraph (9) of

subsection (g) of this Section.

"New Property Tax Relief Pool Funds" means, for any

given fiscal year, all State funds appropriated under

Section 2-3.170 of this Code.

"New State Funds" means, for a given school year, all

State funds appropriated for Evidence-Based Funding in

excess of the amount needed to fund the Base Funding

Minimum for all Organizational Units in that school year.

"Nurse" means an individual licensed as a certified

school nurse, in accordance with the rules established for

nursing services by the State Board, who is an employee of

and is available to provide health care-related services

for students of an Organizational Unit.

"Operating Tax Rate" means the rate utilized in the

previous year to extend property taxes for all purposes,

except Bond and Interest, Summer School, Rent, Capital

Improvement, and Vocational Education Building purposes.

For Hybrid Districts, the Operating Tax Rate shall be the

combined elementary and high school rates utilized in the

previous year to extend property taxes for all purposes,

except Bond and Interest, Summer School, Rent, Capital

Improvement, and Vocational Education Building purposes.

"Organizational Unit" means a Laboratory School or any

public school district that is recognized as such by the

State Board and that contains elementary schools typically

serving kindergarten through 5th grades, middle schools

typically serving 6th through 8th grades, high schools

typically serving 9th through 12th grades, a program

established under Section 2-3.66 or 2-3.41, or a program

operated by a regional office of education or an

intermediate service center under Article 13A or 13B. The

General Assembly acknowledges that the actual grade levels

served by a particular Organizational Unit may vary

slightly from what is typical.

"Organizational Unit CWI" is determined by calculating

the CWI in the region and original county in which an

Organizational Unit's primary administrative office is

located as set forth in this paragraph, provided that if

the Organizational Unit CWI as calculated in accordance

with this paragraph is less than 0.9, the Organizational

Unit CWI shall be increased to 0.9. Each county's current

CWI value shall be adjusted based on the CWI value of that

county's neighboring Illinois counties, to create a

"weighted adjusted index value". This shall be calculated

by summing the CWI values of all of a county's adjacent

Illinois counties and dividing by the number of adjacent

Illinois counties, then taking the weighted value of the

original county's CWI value and the adjacent Illinois

county average. To calculate this weighted value, if the

number of adjacent Illinois counties is greater than 2,

the original county's CWI value will be weighted at 0.25

and the adjacent Illinois county average will be weighted

at 0.75. If the number of adjacent Illinois counties is 2,

the original county's CWI value will be weighted at 0.33

and the adjacent Illinois county average will be weighted

at 0.66. The greater of the county's current CWI value and

its weighted adjusted index value shall be used as the

Organizational Unit CWI.

"Preceding Tax Year" means the property tax levy year

immediately preceding the Base Tax Year.

"Preceding Tax Year's Extension" means the product of

the equalized assessed valuation utilized by the county

clerk in the Preceding Tax Year multiplied by the

Operating Tax Rate.

"Preliminary Percent of Adequacy" is defined in

paragraph (2) of subsection (f) of this Section.

"Preliminary Resources" is defined in paragraph (2) of

subsection (f) of this Section.

"Principal" means a school administrator duly endorsed

to be employed as a principal in this State.

"Professional development" means training programs for

licensed staff in schools, including, but not limited to,

programs that assist in implementing new curriculum

programs, provide data focused or academic assessment data

training to help staff identify a student's weaknesses and

strengths, target interventions, improve instruction,

encompass instructional strategies for English learner,

gifted, or at-risk students, address inclusivity, cultural

sensitivity, or implicit bias, or otherwise provide

professional support for licensed staff.

"Prototypical" means 450 special education

pre-kindergarten and kindergarten through grade 5 students

for an elementary school, 450 grade 6 through 8 students

for a middle school, and 600 grade 9 through 12 students

for a high school.

"PTELL" means the Property Tax Extension Limitation

Law.

"PTELL EAV" is defined in paragraph (4) of subsection

(d) of this Section.

"Pupil support staff" means a nurse, psychologist,

social worker, family liaison personnel, or other staff

member who provides support to at-risk or struggling

students.

"Real Receipts" is defined in paragraph (1) of

subsection (d) of this Section.

"Regionalization Factor" means, for a particular

Organizational Unit, the figure derived by dividing the

Organizational Unit CWI by the Statewide Weighted CWI.

"School counselor" means a licensed school counselor

who provides guidance and counseling support for students

within an Organizational Unit.

"School site staff" means the primary school secretary

and any additional clerical personnel assigned to a

school.

"Special education" means special educational

facilities and services, as defined in Section 14-1.08 of

this Code.

"Special Education Allocation" means the amount of an

Organizational Unit's final Adequacy Target attributable

to special education divided by the Organizational Unit's

final Adequacy Target, the product of which shall be

multiplied by the amount of new funding received pursuant

to this Section. An Organizational Unit's final Adequacy

Target attributable to special education shall include all

special education investment adequacy elements.

"Specialist teacher" means a teacher who provides

instruction in subject areas not included in core

subjects, including, but not limited to, art, music,

physical education, health, driver education,

career-technical education, and such other subject areas

as may be mandated by State law or provided by an

Organizational Unit.

"Specially Funded Unit" means an Alternative School,

safe school, Department of Juvenile Justice school,

special education cooperative or entity recognized by the

State Board as a special education cooperative,

State-approved charter school, or alternative learning

opportunities program that received direct funding from

the State Board during the 2016-2017 school year through

any of the funding sources included within the calculation

of the Base Funding Minimum or Glenwood Academy.

"Supplemental Grant Funding" means supplemental

general State aid funding received by an Organizational

Unit during the 2016-2017 school year pursuant to

subsection (H) of Section 18-8.05 of this Code (now

repealed).

"State Adequacy Level" is the sum of the Adequacy

Targets of all Organizational Units.

"State Board" means the State Board of Education.

"State Superintendent" means the State Superintendent

of Education.

"Statewide Weighted CWI" means a figure determined by

multiplying each Organizational Unit CWI times the ASE for

that Organizational Unit creating a weighted value,

summing all Organizational Units' weighted values, and

dividing by the total ASE of all Organizational Units,

thereby creating an average weighted index.

"Student activities" means non-credit producing

after-school programs, including, but not limited to,

clubs, bands, sports, and other activities authorized by

the school board of the Organizational Unit.

"Substitute teacher" means an individual teacher or

teaching assistant who is employed by an Organizational

Unit and is temporarily serving the Organizational Unit on

a per diem or per period-assignment basis to replace

another staff member.

"Summer school" means academic and enrichment programs

provided to students during the summer months outside of

the regular school year.

"Supervisory aide" means a non-licensed staff member

who helps in supervising students of an Organizational

Unit, but does so outside of the classroom, in situations

such as, but not limited to, monitoring hallways and

playgrounds, supervising lunchrooms, or supervising

students when being transported in buses serving the

Organizational Unit.

"Target Ratio" is defined in paragraph (4) of

subsection (g).

"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined

in paragraph (3) of subsection (g).

"Tier 1 Aggregate Funding", "Tier 2 Aggregate

Funding", "Tier 3 Aggregate Funding", and "Tier 4

Aggregate Funding" are defined in paragraph (1) of

subsection (g).

(b) Adequacy Target calculation.

(1) Each Organizational Unit's Adequacy Target is the

sum of the Organizational Unit's cost of providing

Essential Elements, as calculated in accordance with this

subsection (b), with the salary amounts in the Essential

Elements multiplied by a Regionalization Factor calculated

pursuant to paragraph (3) of this subsection (b).

(2) The Essential Elements are attributable on a pro

rata basis related to defined subgroups of the ASE of each

Organizational Unit as specified in this paragraph (2),

with investments and FTE positions pro rata funded based

on ASE counts in excess of or less than the thresholds set

forth in this paragraph (2). The method for calculating

attributable pro rata costs and the defined subgroups

thereto are as follows:

(A) Core class size investments. Each

Organizational Unit shall receive the funding required

to support that number of FTE core teacher positions

as is needed to keep the respective class sizes of the

Organizational Unit to the following maximum numbers:

(i) For grades kindergarten through 3, the

Organizational Unit shall receive funding required

to support one FTE core teacher position for every

15 Low-Income Count students in those grades and

one FTE core teacher position for every 20

non-Low-Income Count students in those grades.

(ii) For grades 4 through 12, the

Organizational Unit shall receive funding required

to support one FTE core teacher position for every

20 Low-Income Count students in those grades and

one FTE core teacher position for every 25

non-Low-Income Count students in those grades.

The number of non-Low-Income Count students in a

grade shall be determined by subtracting the

Low-Income students in that grade from the ASE of the

Organizational Unit for that grade.

(B) Specialist teacher investments. Each

Organizational Unit shall receive the funding needed

to cover that number of FTE specialist teacher

positions that correspond to the following

percentages:

(i) if the Organizational Unit operates an

elementary or middle school, then 20.00% of the

number of the Organizational Unit's core teachers,

as determined under subparagraph (A) of this

paragraph (2); and

(ii) if such Organizational Unit operates a

high school, then 33.33% of the number of the

Organizational Unit's core teachers.

(C) Instructional facilitator investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE instructional facilitator position

for every 200 combined ASE of pre-kindergarten

children with disabilities and all kindergarten

through grade 12 students of the Organizational Unit.

(D) Core intervention teacher (tutor) investments.

Each Organizational Unit shall receive the funding

needed to cover one FTE teacher position for each

prototypical elementary, middle, and high school.

(E) Substitute teacher investments. Each

Organizational Unit shall receive the funding needed

to cover substitute teacher costs that is equal to

5.70% of the minimum pupil attendance days required

under Section 10-19 of this Code for all full-time

equivalent core, specialist, and intervention

teachers, school nurses, special education teachers

and instructional assistants, instructional

facilitators, and summer school and extended day

teacher positions, as determined under this paragraph

(2), at a salary rate of 33.33% of the average salary

for grade K through 12 teachers and 33.33% of the

average salary of each instructional assistant

position.

(F) Core school counselor investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE school counselor for each 450

combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 5

students, plus one FTE school counselor for each 250

grades 6 through 8 ASE middle school students, plus

one FTE school counselor for each 250 grades 9 through

12 ASE high school students.

(G) Nurse investments. Each Organizational Unit

shall receive the funding needed to cover one FTE

nurse for each 750 combined ASE of pre-kindergarten

children with disabilities and all kindergarten

through grade 12 students across all grade levels it

serves.

(H) Supervisory aide investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE for each 225 combined ASE of

pre-kindergarten children with disabilities and all

kindergarten through grade 5 students, plus one FTE

for each 225 ASE middle school students, plus one FTE

for each 200 ASE high school students.

(I) Librarian investments. Each Organizational

Unit shall receive the funding needed to cover one FTE

librarian for each prototypical elementary school,

middle school, and high school and one FTE aide or

media technician for every 300 combined ASE of

pre-kindergarten children with disabilities and all

kindergarten through grade 12 students.

(J) Principal investments. Each Organizational

Unit shall receive the funding needed to cover one FTE

principal position for each prototypical elementary

school, plus one FTE principal position for each

prototypical middle school, plus one FTE principal

position for each prototypical high school.

(K) Assistant principal investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE assistant principal position for each

prototypical elementary school, plus one FTE assistant

principal position for each prototypical middle

school, plus one FTE assistant principal position for

each prototypical high school.

(L) School site staff investments. Each

Organizational Unit shall receive the funding needed

for one FTE position for each 225 ASE of

pre-kindergarten children with disabilities and all

kindergarten through grade 5 students, plus one FTE

position for each 225 ASE middle school students, plus

one FTE position for each 200 ASE high school

students.

(M) Gifted investments. Each Organizational Unit

shall receive $40 per kindergarten through grade 12

ASE.

(N) Professional development investments. Each

Organizational Unit shall receive $125 per student of

the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students for trainers and other professional

development-related expenses for supplies and

materials.

(O) Instructional material investments. Each

Organizational Unit shall receive $190 per student of

the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students to cover instructional material costs.

(P) Assessment investments. Each Organizational

Unit shall receive $25 per student of the combined ASE

of pre-kindergarten children with disabilities and all

kindergarten through grade 12 students to cover

assessment costs.

(Q) Computer technology and equipment investments.

Each Organizational Unit shall receive $285.50 per

student of the combined ASE of pre-kindergarten

children with disabilities and all kindergarten

through grade 12 students to cover computer technology

and equipment costs. For the 2018-2019 school year and

subsequent school years, Organizational Units assigned

to Tier 1 and Tier 2 in the prior school year shall

receive an additional $285.50 per student of the

combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students to cover computer technology and equipment

costs in the Organizational Unit's Adequacy Target.

The State Board may establish additional requirements

for Organizational Unit expenditures of funds received

pursuant to this subparagraph (Q), including a

requirement that funds received pursuant to this

subparagraph (Q) may be used only for serving the

technology needs of the district. It is the intent of

Public Act 100-465 that all Tier 1 and Tier 2 districts

receive the addition to their Adequacy Target in the

following year, subject to compliance with the

requirements of the State Board.

(R) Student activities investments. Each

Organizational Unit shall receive the following

funding amounts to cover student activities: $100 per

kindergarten through grade 5 ASE student in elementary

school, plus $200 per ASE student in middle school,

plus $675 per ASE student in high school.

(S) Maintenance and operations investments. Each

Organizational Unit shall receive $1,038 per student

of the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students for day-to-day maintenance and operations

expenditures, including salary, supplies, and

materials, as well as purchased services, but

excluding employee benefits. The proportion of salary

for the application of a Regionalization Factor and

the calculation of benefits is equal to $352.92.

(T) Central office investments. Each

Organizational Unit shall receive $742 per student of

the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students to cover central office operations, including

administrators and classified personnel charged with

managing the instructional programs, business and

operations of the school district, and security

personnel. The proportion of salary for the

application of a Regionalization Factor and the

calculation of benefits is equal to $368.48.

(U) Employee benefit investments. Each

Organizational Unit shall receive 30% of the total of

all salary-calculated elements of the Adequacy Target,

excluding substitute teachers and student activities

investments, to cover benefit costs. For central

office and maintenance and operations investments, the

benefit calculation shall be based upon the salary

proportion of each investment. If at any time the

responsibility for funding the employer normal cost of

teacher pensions is assigned to school districts, then

that amount certified by the Teachers' Retirement

System of the State of Illinois to be paid by the

Organizational Unit for the preceding school year

shall be added to the benefit investment. For any

fiscal year in which a school district organized under

Article 34 of this Code is responsible for paying the

employer normal cost of teacher pensions, then that

amount of its employer normal cost plus the amount for

retiree health insurance as certified by the Public

School Teachers' Pension and Retirement Fund of

Chicago to be paid by the school district for the

preceding school year that is statutorily required to

cover employer normal costs and the amount for retiree

health insurance shall be added to the 30% specified

in this subparagraph (U). The Teachers' Retirement

System of the State of Illinois and the Public School

Teachers' Pension and Retirement Fund of Chicago shall

submit such information as the State Superintendent

may require for the calculations set forth in this

subparagraph (U).

(V) Additional investments in low-income students.

In addition to and not in lieu of all other funding

under this paragraph (2), each Organizational Unit

shall receive funding based on the average teacher

salary for grades K through 12 to cover the costs of:

(i) one FTE intervention teacher (tutor)

position for every 125 Low-Income Count students;

(ii) one FTE pupil support staff position for

every 125 Low-Income Count students;

(iii) one FTE extended day teacher position

for every 120 Low-Income Count students; and

(iv) one FTE summer school teacher position

for every 120 Low-Income Count students.

(W) Additional investments in English learner

students. In addition to and not in lieu of all other

funding under this paragraph (2), each Organizational

Unit shall receive funding based on the average

teacher salary for grades K through 12 to cover the

costs of:

(i) one FTE intervention teacher (tutor)

position for every 125 English learner students;

(ii) one FTE pupil support staff position for

every 125 English learner students;

(iii) one FTE extended day teacher position

for every 120 English learner students;

(iv) one FTE summer school teacher position

for every 120 English learner students; and

(v) one FTE core teacher position for every

100 English learner students.

(X) Special education investments. Each

Organizational Unit shall receive funding based on the

average teacher salary for grades K through 12 to

cover special education as follows:

(i) one FTE teacher position for every 141

combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students;

(ii) one FTE instructional assistant for every

141 combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students; and

(iii) one FTE psychologist position for every

1,000 combined ASE of pre-kindergarten children

with disabilities and all kindergarten through

grade 12 students.

(3) For calculating the salaries included within the

Essential Elements, the State Superintendent shall

annually calculate average salaries to the nearest dollar

using the employment information system data maintained by

the State Board, limited to public schools only and

excluding special education and vocational cooperatives,

schools operated by the Department of Juvenile Justice,

and charter schools, for the following positions:

(A) Teacher for grades K through 8.

(B) Teacher for grades 9 through 12.

(C) Teacher for grades K through 12.

(D) School counselor for grades K through 8.

(E) School counselor for grades 9 through 12.

(F) School counselor for grades K through 12.

(G) Social worker.

(H) Psychologist.

(I) Librarian.

(J) Nurse.

(K) Principal.

(L) Assistant principal.

For the purposes of this paragraph (3), "teacher"

includes core teachers, specialist and elective teachers,

instructional facilitators, tutors, special education

teachers, pupil support staff teachers, English learner

teachers, extended day teachers, and summer school

teachers. Where specific grade data is not required for

the Essential Elements, the average salary for

corresponding positions shall apply. For substitute

teachers, the average teacher salary for grades K through

12 shall apply.

For calculating the salaries included within the

Essential Elements for positions not included within EIS

Data, the following salaries shall be used in the first

year of implementation of Evidence-Based Funding:

(i) school site staff, $30,000; and

(ii) non-instructional assistant, instructional

assistant, library aide, library media tech, or

supervisory aide: $25,000.

In the second and subsequent years of implementation

of Evidence-Based Funding, the amounts in items (i) and

(ii) of this paragraph (3) shall annually increase by the

ECI.

The salary amounts for the Essential Elements

determined pursuant to subparagraphs (A) through (L), (S)

and (T), and (V) through (X) of paragraph (2) of

subsection (b) of this Section shall be multiplied by a

Regionalization Factor.

(c) Local Capacity calculation.

(1) Each Organizational Unit's Local Capacity

represents an amount of funding it is assumed to

contribute toward its Adequacy Target for purposes of the

Evidence-Based Funding formula calculation. "Local

Capacity" means either (i) the Organizational Unit's Local

Capacity Target as calculated in accordance with paragraph

(2) of this subsection (c) if its Real Receipts are equal

to or less than its Local Capacity Target or (ii) the

Organizational Unit's Adjusted Local Capacity, as

calculated in accordance with paragraph (3) of this

subsection (c) if Real Receipts are more than its Local

Capacity Target.

(2) "Local Capacity Target" means, for an

Organizational Unit, that dollar amount that is obtained

by multiplying its Adequacy Target by its Local Capacity

Ratio.

(A) An Organizational Unit's Local Capacity

Percentage is the conversion of the Organizational

Unit's Local Capacity Ratio, as such ratio is

determined in accordance with subparagraph (B) of this

paragraph (2), into a cumulative distribution

resulting in a percentile ranking to determine each

Organizational Unit's relative position to all other

Organizational Units in this State. The calculation of

Local Capacity Percentage is described in subparagraph

(C) of this paragraph (2).

(B) An Organizational Unit's Local Capacity Ratio

in a given year is the percentage obtained by dividing

its Adjusted EAV or PTELL EAV, whichever is less, by

its Adequacy Target, with the resulting ratio further

adjusted as follows:

(i) for Organizational Units serving grades

kindergarten through 12 and Hybrid Districts, no

further adjustments shall be made;

(ii) for Organizational Units serving grades

kindergarten through 8, the ratio shall be

multiplied by 9/13;

(iii) for Organizational Units serving grades

9 through 12, the Local Capacity Ratio shall be

multiplied by 4/13; and

(iv) for an Organizational Unit with a

different grade configuration than those specified

in items (i) through (iii) of this subparagraph

(B), the State Superintendent shall determine a

comparable adjustment based on the grades served.

(C) The Local Capacity Percentage is equal to the

percentile ranking of the district. Local Capacity

Percentage converts each Organizational Unit's Local

Capacity Ratio to a cumulative distribution resulting

in a percentile ranking to determine each

Organizational Unit's relative position to all other

Organizational Units in this State. The Local Capacity

Percentage cumulative distribution resulting in a

percentile ranking for each Organizational Unit shall

be calculated using the standard normal distribution

of the score in relation to the weighted mean and

weighted standard deviation and Local Capacity Ratios

of all Organizational Units. If the value assigned to

any Organizational Unit is in excess of 90%, the value

shall be adjusted to 90%. For Laboratory Schools, the

Local Capacity Percentage shall be set at 10% in

recognition of the absence of EAV and resources from

the public university that are allocated to the

Laboratory School. For programs operated by a regional

office of education or an intermediate service center,

the Local Capacity Percentage must be set at 10% in

recognition of the absence of EAV and resources from

school districts that are allocated to the regional

office of education or intermediate service center.

The weighted mean for the Local Capacity Percentage

shall be determined by multiplying each Organizational

Unit's Local Capacity Ratio times the ASE for the unit

creating a weighted value, summing the weighted values

of all Organizational Units, and dividing by the total

ASE of all Organizational Units. The weighted standard

deviation shall be determined by taking the square

root of the weighted variance of all Organizational

Units' Local Capacity Ratio, where the variance is

calculated by squaring the difference between each

unit's Local Capacity Ratio and the weighted mean,

then multiplying the variance for each unit times the

ASE for the unit to create a weighted variance for each

unit, then summing all units' weighted variance and

dividing by the total ASE of all units.

(D) For any Organizational Unit, the

Organizational Unit's Adjusted Local Capacity Target

shall be reduced by either (i) the school board's

remaining contribution pursuant to paragraph (ii) of

subsection (b-4) of Section 16-158 of the Illinois

Pension Code in a given year or (ii) the board of

education's remaining contribution pursuant to

paragraph (iv) of subsection (b) of Section 17-129 of

the Illinois Pension Code absent the employer normal

cost portion of the required contribution and amount

allowed pursuant to subdivision (3) of Section

17-142.1 of the Illinois Pension Code in a given year.

In the preceding sentence, item (i) shall be certified

to the State Board of Education by the Teachers'

Retirement System of the State of Illinois and item

(ii) shall be certified to the State Board of

Education by the Public School Teachers' Pension and

Retirement Fund of the City of Chicago.

(3) If an Organizational Unit's Real Receipts are more

than its Local Capacity Target, then its Local Capacity

shall equal an Adjusted Local Capacity Target as

calculated in accordance with this paragraph (3). The

Adjusted Local Capacity Target is calculated as the sum of

the Organizational Unit's Local Capacity Target and its

Real Receipts Adjustment. The Real Receipts Adjustment

equals the Organizational Unit's Real Receipts less its

Local Capacity Target, with the resulting figure

multiplied by the Local Capacity Percentage.

As used in this paragraph (3), "Real Percent of

Adequacy" means the sum of an Organizational Unit's Real

Receipts, CPPRT, and Base Funding Minimum, with the

resulting figure divided by the Organizational Unit's

Adequacy Target.

(d) Calculation of Real Receipts, EAV, and Adjusted EAV

for purposes of the Local Capacity calculation.

(1) An Organizational Unit's Real Receipts are the

product of its Applicable Tax Rate and its Adjusted EAV.

An Organizational Unit's Applicable Tax Rate is its

Adjusted Operating Tax Rate for property within the

Organizational Unit.

(2) The State Superintendent shall calculate the

equalized assessed valuation, or EAV, of all taxable

property of each Organizational Unit as of September 30 of

the previous year in accordance with paragraph (3) of this

subsection (d). The State Superintendent shall then

determine the Adjusted EAV of each Organizational Unit in

accordance with paragraph (4) of this subsection (d),

which Adjusted EAV figure shall be used for the purposes

of calculating Local Capacity.

(3) To calculate Real Receipts and EAV, the Department

of Revenue shall supply to the State Superintendent the

value as equalized or assessed by the Department of

Revenue of all taxable property of every Organizational

Unit, together with (i) the applicable tax rate used in

extending taxes for the funds of the Organizational Unit

as of September 30 of the previous year and (ii) the

limiting rate for all Organizational Units subject to

property tax extension limitations as imposed under PTELL.

(A) The Department of Revenue shall add to the

equalized assessed value of all taxable property of

each Organizational Unit situated entirely or

partially within a county that is or was subject to the

provisions of Section 15-176 or 15-177 of the Property

Tax Code (i) an amount equal to the total amount by

which the homestead exemption allowed under Section

15-176 or 15-177 of the Property Tax Code for real

property situated in that Organizational Unit exceeds

the total amount that would have been allowed in that

Organizational Unit if the maximum reduction under

Section 15-176 was (I) $4,500 in Cook County or $3,500

in all other counties in tax year 2003 or (II) $5,000

in all counties in tax year 2004 and thereafter and

(ii) an amount equal to the aggregate amount for the

taxable year of all additional exemptions under

Section 15-175 of the Property Tax Code for owners

with a household income of $30,000 or less. The county

clerk of any county that is or was subject to the

provisions of Section 15-176 or 15-177 of the Property

Tax Code shall annually calculate and certify to the

Department of Revenue for each Organizational Unit all

homestead exemption amounts under Section 15-176 or

15-177 of the Property Tax Code and all amounts of

additional exemptions under Section 15-175 of the

Property Tax Code for owners with a household income

of $30,000 or less. It is the intent of this

subparagraph (A) that if the general homestead

exemption for a parcel of property is determined under

Section 15-176 or 15-177 of the Property Tax Code

rather than Section 15-175, then the calculation of

EAV shall not be affected by the difference, if any,

between the amount of the general homestead exemption

allowed for that parcel of property under Section

15-176 or 15-177 of the Property Tax Code and the

amount that would have been allowed had the general

homestead exemption for that parcel of property been

determined under Section 15-175 of the Property Tax

Code. It is further the intent of this subparagraph

(A) that if additional exemptions are allowed under

Section 15-175 of the Property Tax Code for owners

with a household income of less than $30,000, then the

calculation of EAV shall not be affected by the

difference, if any, because of those additional

exemptions.

(B) With respect to any part of an Organizational

Unit within a redevelopment project area in respect to

which a municipality has adopted tax increment

allocation financing pursuant to the Tax Increment

Allocation Redevelopment Act, Division 74.4 of Article

11 of the Illinois Municipal Code, or the Industrial

Jobs Recovery Law, Division 74.6 of Article 11 of the

Illinois Municipal Code, no part of the current EAV of

real property located in any such project area that is

attributable to an increase above the total initial

EAV of such property shall be used as part of the EAV

of the Organizational Unit, until such time as all

redevelopment project costs have been paid, as

provided in Section 11-74.4-8 of the Tax Increment

Allocation Redevelopment Act or in Section 11-74.6-35

of the Industrial Jobs Recovery Law. For the purpose

of the EAV of the Organizational Unit, the total

initial EAV or the current EAV, whichever is lower,

shall be used until such time as all redevelopment

project costs have been paid.

(B-5) The real property equalized assessed

valuation for a school district shall be adjusted by

subtracting from the real property value, as equalized

or assessed by the Department of Revenue, for the

district an amount computed by dividing the amount of

any abatement of taxes under Section 18-170 of the

Property Tax Code by 3.00% for a district maintaining

grades kindergarten through 12, by 2.30% for a

district maintaining grades kindergarten through 8, or

by 1.05% for a district maintaining grades 9 through

12 and adjusted by an amount computed by dividing the

amount of any abatement of taxes under subsection (a)

of Section 18-165 of the Property Tax Code by the same

percentage rates for district type as specified in

this subparagraph (B-5).

(C) For Organizational Units that are Hybrid

Districts, the State Superintendent shall use the

lesser of the adjusted equalized assessed valuation

for property within the partial elementary unit

district for elementary purposes, as defined in

Article 11E of this Code, or the adjusted equalized

assessed valuation for property within the partial

elementary unit district for high school purposes, as

defined in Article 11E of this Code.

(D) If a school district's boundaries span

multiple counties, then the Department of Revenue

shall send to the State Board, for the purposes of

calculating Evidence-Based Funding, the limiting rate

and individual rates by purpose for the county that

contains the majority of the school district's

equalized assessed valuation.

(4) An Organizational Unit's Adjusted EAV shall be the

average of its EAV over the immediately preceding 3 years

or the lesser of its EAV in the immediately preceding year

or the average of its EAV over the immediately preceding 3

years if the EAV in the immediately preceding year has

declined by 10% or more when comparing the 2 most recent

years. In the event of Organizational Unit reorganization,

consolidation, or annexation, the Organizational Unit's

Adjusted EAV for the first 3 years after such change shall

be as follows: the most current EAV shall be used in the

first year, the average of a 2-year EAV or its EAV in the

immediately preceding year if the EAV declines by 10% or

more when comparing the 2 most recent years for the second

year, and the lesser of a 3-year average EAV or its EAV in

the immediately preceding year if the Adjusted EAV

declines by 10% or more when comparing the 2 most recent

years for the third year. For any school district whose

EAV in the immediately preceding year is used in

calculations, in the following year, the Adjusted EAV

shall be the average of its EAV over the immediately

preceding 2 years or the immediately preceding year if

that year represents a decline of 10% or more when

comparing the 2 most recent years.

"PTELL EAV" means a figure calculated by the State

Board for Organizational Units subject to PTELL as

described in this paragraph (4) for the purposes of

calculating an Organizational Unit's Local Capacity Ratio.

Except as otherwise provided in this paragraph (4), the

PTELL EAV of an Organizational Unit shall be equal to the

product of the equalized assessed valuation last used in

the calculation of general State aid under Section 18-8.05

of this Code (now repealed) or Evidence-Based Funding

under this Section and the Organizational Unit's Extension

Limitation Ratio. If an Organizational Unit has approved

or does approve an increase in its limiting rate, pursuant

to Section 18-190 of the Property Tax Code, affecting the

Base Tax Year, the PTELL EAV shall be equal to the product

of the equalized assessed valuation last used in the

calculation of general State aid under Section 18-8.05 of

this Code (now repealed) or Evidence-Based Funding under

this Section multiplied by an amount equal to one plus the

percentage increase, if any, in the Consumer Price Index

for All Urban Consumers for all items published by the

United States Department of Labor for the 12-month

calendar year preceding the Base Tax Year, plus the

equalized assessed valuation of new property, annexed

property, and recovered tax increment value and minus the

equalized assessed valuation of disconnected property.

As used in this paragraph (4), "new property" and

"recovered tax increment value" shall have the meanings

set forth in the Property Tax Extension Limitation Law.

(e) Base Funding Minimum calculation.

(1) For the 2017-2018 school year, the Base Funding

Minimum of an Organizational Unit or a Specially Funded

Unit shall be the amount of State funds distributed to the

Organizational Unit or Specially Funded Unit during the

2016-2017 school year prior to any adjustments and

specified appropriation amounts described in this

paragraph (1) from the following Sections, as calculated

by the State Superintendent: Section 18-8.05 of this Code

(now repealed); Section 5 of Article 224 of Public Act

99-524 (equity grants); Section 14-7.02b of this Code

(funding for children requiring special education

services); Section 14-13.01 of this Code (special

education facilities and staffing), except for

reimbursement of the cost of transportation pursuant to

Section 14-13.01; Section 14C-12 of this Code (English

learners); and Section 18-4.3 of this Code (summer

school), based on an appropriation level of $13,121,600.

For a school district organized under Article 34 of this

Code, the Base Funding Minimum also includes (i) the funds

allocated to the school district pursuant to Section 1D-1

of this Code attributable to funding programs authorized

by the Sections of this Code listed in the preceding

sentence and (ii) the difference between (I) the funds

allocated to the school district pursuant to Section 1D-1

of this Code attributable to the funding programs

authorized by Section 14-7.02 (non-public special

education reimbursement), subsection (b) of Section

14-13.01 (special education transportation), Section 29-5

(transportation), Section 2-3.80 (agricultural

education), Section 2-3.66 (truants' alternative

education), Section 2-3.62 (educational service centers),

and Section 14-7.03 (special education - orphanage) of

this Code and Section 15 of the Childhood Hunger Relief

Act (free breakfast program) and (II) the school

district's actual expenditures for its non-public special

education, special education transportation,

transportation programs, agricultural education, truants'

alternative education, services that would otherwise be

performed by a regional office of education, special

education orphanage expenditures, and free breakfast, as

most recently calculated and reported pursuant to

subsection (f) of Section 1D-1 of this Code. The Base

Funding Minimum for Glenwood Academy shall be $625,500.

For programs operated by a regional office of education or

an intermediate service center, the Base Funding Minimum

must be the total amount of State funds allocated to those

programs in the 2018-2019 school year and amounts provided

pursuant to Article 34 of Public Act 100-586 and Section

3-16 of this Code. All programs established after June 5,

2019 (the effective date of Public Act 101-10) and

administered by a regional office of education or an

intermediate service center must have an initial Base

Funding Minimum set to an amount equal to the first-year

ASE multiplied by the amount of per pupil funding received

in the previous school year by the lowest funded similar

existing program type. If the enrollment for a program

operated by a regional office of education or an

intermediate service center is zero, then it may not

receive Base Funding Minimum funds for that program in the

next fiscal year, and those funds must be distributed to

Organizational Units under subsection (g).

(2) For the 2018-2019 and subsequent school years, the

Base Funding Minimum of Organizational Units and Specially

Funded Units shall be the sum of (i) the amount of

Evidence-Based Funding for the prior school year, (ii) the

Base Funding Minimum for the prior school year, and (iii)

any amount received by a school district pursuant to

Section 7 of Article 97 of Public Act 100-21.

For the 2022-2023 school year, the Base Funding

Minimum of Organizational Units shall be the amounts

recalculated by the State Board of Education for Fiscal

Year 2019 through Fiscal Year 2022 that were necessary due

to average student enrollment errors for districts

organized under Article 34 of this Code, plus the Fiscal

Year 2022 property tax relief grants provided under

Section 2-3.170 of this Code, ensuring each Organizational

Unit has the correct amount of resources for Fiscal Year

2023 Evidence-Based Funding calculations and that Fiscal

Year 2023 Evidence-Based Funding Distributions are made in

accordance with this Section.

(3) Subject to approval by the General Assembly as

provided in this paragraph (3), an Organizational Unit

that meets all of the following criteria, as determined by

the State Board, shall have District Intervention Money

added to its Base Funding Minimum at the time the Base

Funding Minimum is calculated by the State Board:

(A) The Organizational Unit is operating under an

Independent Authority under Section 2-3.25f-5 of this

Code for a minimum of 4 school years or is subject to

the control of the State Board pursuant to a court

order for a minimum of 4 school years.

(B) The Organizational Unit was designated as a

Tier 1 or Tier 2 Organizational Unit in the previous

school year under paragraph (3) of subsection (g) of

this Section.

(C) The Organizational Unit demonstrates

sustainability through a 5-year financial and

strategic plan.

(D) The Organizational Unit has made sufficient

progress and achieved sufficient stability in the

areas of governance, academic growth, and finances.

As part of its determination under this paragraph (3),

the State Board may consider the Organizational Unit's

summative designation, any accreditations of the

Organizational Unit, or the Organizational Unit's

financial profile, as calculated by the State Board.

If the State Board determines that an Organizational

Unit has met the criteria set forth in this paragraph (3),

it must submit a report to the General Assembly, no later

than January 2 of the fiscal year in which the State Board

makes it determination, on the amount of District

Intervention Money to add to the Organizational Unit's

Base Funding Minimum. The General Assembly must review the

State Board's report and may approve or disapprove, by

joint resolution, the addition of District Intervention

Money. If the General Assembly fails to act on the report

within 40 calendar days from the receipt of the report,

the addition of District Intervention Money is deemed

approved. If the General Assembly approves the amount of

District Intervention Money to be added to the

Organizational Unit's Base Funding Minimum, the District

Intervention Money must be added to the Base Funding

Minimum annually thereafter.

For the first 4 years following the initial year that

the State Board determines that an Organizational Unit has

met the criteria set forth in this paragraph (3) and has

received funding under this Section, the Organizational

Unit must annually submit to the State Board, on or before

November 30, a progress report regarding its financial and

strategic plan under subparagraph (C) of this paragraph

(3). The plan shall include the financial data from the

past 4 annual financial reports or financial audits that

must be presented to the State Board by November 15 of each

year and the approved budget financial data for the

current year. The plan shall be developed according to the

guidelines presented to the Organizational Unit by the

State Board. The plan shall further include financial

projections for the next 3 fiscal years and include a

discussion and financial summary of the Organizational

Unit's facility needs. If the Organizational Unit does not

demonstrate sufficient progress toward its 5-year plan or

if it has failed to file an annual financial report, an

annual budget, a financial plan, a deficit reduction plan,

or other financial information as required by law, the

State Board may establish a Financial Oversight Panel

under Article 1H of this Code. However, if the

Organizational Unit already has a Financial Oversight

Panel, the State Board may extend the duration of the

Panel.

(f) Percent of Adequacy and Final Resources calculation.

(1) The Evidence-Based Funding formula establishes a

Percent of Adequacy for each Organizational Unit in order

to place such units into tiers for the purposes of the

funding distribution system described in subsection (g) of

this Section. Initially, an Organizational Unit's

Preliminary Resources and Preliminary Percent of Adequacy

are calculated pursuant to paragraph (2) of this

subsection (f). Then, an Organizational Unit's Final

Resources and Final Percent of Adequacy are calculated to

account for the Organizational Unit's poverty

concentration levels pursuant to paragraphs (3) and (4) of

this subsection (f).

(2) An Organizational Unit's Preliminary Resources are

equal to the sum of its Local Capacity Target, CPPRT, and

Base Funding Minimum. An Organizational Unit's Preliminary

Percent of Adequacy is the lesser of (i) its Preliminary

Resources divided by its Adequacy Target or (ii) 100%.

(3) Except for Specially Funded Units, an

Organizational Unit's Final Resources are equal to the sum

of its Local Capacity, CPPRT, and Adjusted Base Funding

Minimum. The Base Funding Minimum of each Specially Funded

Unit shall serve as its Final Resources, except that the

Base Funding Minimum for State-approved charter schools

shall not include any portion of general State aid

allocated in the prior year based on the per capita

tuition charge times the charter school enrollment.

(4) An Organizational Unit's Final Percent of Adequacy

is its Final Resources divided by its Adequacy Target. An

Organizational Unit's Adjusted Base Funding Minimum is

equal to its Base Funding Minimum less its Supplemental

Grant Funding, with the resulting figure added to the

product of its Supplemental Grant Funding and Preliminary

Percent of Adequacy.

(g) Evidence-Based Funding formula distribution system.

(1) In each school year under the Evidence-Based

Funding formula, each Organizational Unit receives funding

equal to the sum of its Base Funding Minimum and the unit's

allocation of New State Funds determined pursuant to this

subsection (g). To allocate New State Funds, the

Evidence-Based Funding formula distribution system first

places all Organizational Units into one of 4 tiers in

accordance with paragraph (3) of this subsection (g),

based on the Organizational Unit's Final Percent of

Adequacy. New State Funds are allocated to each of the 4

tiers as follows: Tier 1 Aggregate Funding equals 50% of

all New State Funds, Tier 2 Aggregate Funding equals 49%

of all New State Funds, Tier 3 Aggregate Funding equals

0.9% of all New State Funds, and Tier 4 Aggregate Funding

equals 0.1% of all New State Funds. Each Organizational

Unit within Tier 1 or Tier 2 receives an allocation of New

State Funds equal to its tier Funding Gap, as defined in

the following sentence, multiplied by the tier's

Allocation Rate determined pursuant to paragraph (4) of

this subsection (g). For Tier 1, an Organizational Unit's

Funding Gap equals the tier's Target Ratio, as specified

in paragraph (5) of this subsection (g), multiplied by the

Organizational Unit's Adequacy Target, with the resulting

amount reduced by the Organizational Unit's Final

Resources. For Tier 2, an Organizational Unit's Funding

Gap equals the tier's Target Ratio, as described in

paragraph (5) of this subsection (g), multiplied by the

Organizational Unit's Adequacy Target, with the resulting

amount reduced by the Organizational Unit's Final

Resources and its Tier 1 funding allocation. To determine

the Organizational Unit's Funding Gap, the resulting

amount is then multiplied by a factor equal to one minus

the Organizational Unit's Local Capacity Target

percentage. Each Organizational Unit within Tier 3 or Tier

4 receives an allocation of New State Funds equal to the

product of its Adequacy Target and the tier's Allocation

Rate, as specified in paragraph (4) of this subsection

(g).

(2) To ensure equitable distribution of dollars for

all Tier 2 Organizational Units, no Tier 2 Organizational

Unit shall receive fewer dollars per ASE than any Tier 3

Organizational Unit. Each Tier 2 and Tier 3 Organizational

Unit shall have its funding allocation divided by its ASE.

Any Tier 2 Organizational Unit with a funding allocation

per ASE below the greatest Tier 3 allocation per ASE shall

get a funding allocation equal to the greatest Tier 3

funding allocation per ASE multiplied by the

Organizational Unit's ASE. Each Tier 2 Organizational

Unit's Tier 2 funding allocation shall be multiplied by

the percentage calculated by dividing the original Tier 2

Aggregate Funding by the sum of all Tier 2 Organizational

Units' Tier 2 funding allocation after adjusting

districts' funding below Tier 3 levels.

(3) Organizational Units are placed into one of 4

tiers as follows:

(A) Tier 1 consists of all Organizational Units,

except for Specially Funded Units, with a Percent of

Adequacy less than the Tier 1 Target Ratio. The Tier 1

Target Ratio is the ratio level that allows for Tier 1

Aggregate Funding to be distributed, with the Tier 1

Allocation Rate determined pursuant to paragraph (4)

of this subsection (g).

(B) Tier 2 consists of all Tier 1 Units and all

other Organizational Units, except for Specially

Funded Units, with a Percent of Adequacy of less than

0.90.

(C) Tier 3 consists of all Organizational Units,

except for Specially Funded Units, with a Percent of

Adequacy of at least 0.90 and less than 1.0.

(D) Tier 4 consists of all Organizational Units

with a Percent of Adequacy of at least 1.0.

(4) The Allocation Rates for Tiers 1 through 4 are

determined as follows:

(A) The Tier 1 Allocation Rate is 30%.

(B) The Tier 2 Allocation Rate is the result of the

following equation: Tier 2 Aggregate Funding, divided

by the sum of the Funding Gaps for all Tier 2

Organizational Units, unless the result of such

equation is higher than 1.0. If the result of such

equation is higher than 1.0, then the Tier 2

Allocation Rate is 1.0.

(C) The Tier 3 Allocation Rate is the result of the

following equation: Tier 3 Aggregate Funding, divided

by the sum of the Adequacy Targets of all Tier 3

Organizational Units.

(D) The Tier 4 Allocation Rate is the result of the

following equation: Tier 4 Aggregate Funding, divided

by the sum of the Adequacy Targets of all Tier 4

Organizational Units.

(5) A tier's Target Ratio is determined as follows:

(A) The Tier 1 Target Ratio is the ratio level that

allows for Tier 1 Aggregate Funding to be distributed

with the Tier 1 Allocation Rate.

(B) The Tier 2 Target Ratio is 0.90.

(C) The Tier 3 Target Ratio is 1.0.

(6) If, at any point, the Tier 1 Target Ratio is

greater than 90%, then all Tier 1 funding shall be

allocated to Tier 2 and no Tier 1 Organizational Unit's

funding may be identified.

(7) In the event that all Tier 2 Organizational Units

receive funding at the Tier 2 Target Ratio level, any

remaining New State Funds shall be allocated to Tier 3 and

Tier 4 Organizational Units.

(8) If any Specially Funded Units, excluding Glenwood

Academy, recognized by the State Board do not qualify for

direct funding following the implementation of Public Act

100-465 from any of the funding sources included within

the definition of Base Funding Minimum, the unqualified

portion of the Base Funding Minimum shall be transferred

to one or more appropriate Organizational Units as

determined by the State Superintendent based on the prior

year ASE of the Organizational Units.

(8.5) If a school district withdraws from a special

education cooperative, the portion of the Base Funding

Minimum that is attributable to the school district may be

redistributed to the school district upon withdrawal. The

school district and the cooperative must include the

amount of the Base Funding Minimum that is to be

reapportioned in their withdrawal agreement and notify the

State Board of the change with a copy of the agreement upon

withdrawal.

(9) The Minimum Funding Level is intended to establish

a target for State funding that will keep pace with

inflation and continue to advance equity through the

Evidence-Based Funding formula. The target for State

funding of New Property Tax Relief Pool Funds is

$50,000,000 for State fiscal year 2019 and subsequent

State fiscal years. The Minimum Funding Level is equal to

$350,000,000. In addition to any New State Funds, no more

than $50,000,000 New Property Tax Relief Pool Funds may be

counted toward the Minimum Funding Level. If the sum of

New State Funds and applicable New Property Tax Relief

Pool Funds are less than the Minimum Funding Level, than

funding for tiers shall be reduced in the following

manner:

(A) First, Tier 4 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding Level and New State Funds until such time as

Tier 4 funding is exhausted.

(B) Next, Tier 3 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding Level and New State Funds and the reduction in

Tier 4 funding until such time as Tier 3 funding is

exhausted.

(C) Next, Tier 2 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding Level and New State Funds and the reduction in

Tier 4 and Tier 3.

(D) Finally, Tier 1 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding level and New State Funds and the reduction in

Tier 2, 3, and 4 funding. In addition, the Allocation

Rate for Tier 1 shall be reduced to a percentage equal

to the Tier 1 Allocation Rate set by paragraph (4) of

this subsection (g), multiplied by the result of New

State Funds divided by the Minimum Funding Level.

(9.5) For State fiscal year 2019 and subsequent State

fiscal years, if New State Funds exceed $300,000,000, then

any amount in excess of $300,000,000 shall be dedicated

for purposes of Section 2-3.170 of this Code up to a

maximum of $50,000,000.

(10) In the event of a decrease in the amount of the

appropriation for this Section in any fiscal year after

implementation of this Section, the Organizational Units

receiving Tier 1 and Tier 2 funding, as determined under

paragraph (3) of this subsection (g), shall be held

harmless by establishing a Base Funding Guarantee equal to

the per pupil kindergarten through grade 12 funding

received in accordance with this Section in the prior

fiscal year. Reductions shall be made to the Base Funding

Minimum of Organizational Units in Tier 3 and Tier 4 on a

per pupil basis equivalent to the total number of the ASE

in Tier 3-funded and Tier 4-funded Organizational Units

divided by the total reduction in State funding. The Base

Funding Minimum as reduced shall continue to be applied to

Tier 3 and Tier 4 Organizational Units and adjusted by the

relative formula when increases in appropriations for this

Section resume. In no event may State funding reductions

to Organizational Units in Tier 3 or Tier 4 exceed an

amount that would be less than the Base Funding Minimum

established in the first year of implementation of this

Section. If additional reductions are required, all school

districts shall receive a reduction by a per pupil amount

equal to the aggregate additional appropriation reduction

divided by the total ASE of all Organizational Units.

(11) The State Superintendent shall make minor

adjustments to the distribution formula set forth in this

subsection (g) to account for the rounding of percentages

to the nearest tenth of a percentage and dollar amounts to

the nearest whole dollar.

(h) State Superintendent administration of funding and

district submission requirements.

(1) The State Superintendent shall, in accordance with

appropriations made by the General Assembly, meet the

funding obligations created under this Section.

(2) The State Superintendent shall calculate the

Adequacy Target for each Organizational Unit under this

Section. No Evidence-Based Funding shall be distributed

within an Organizational Unit without the approval of the

unit's school board.

(3) Annually, the State Superintendent shall calculate

and report to each Organizational Unit the unit's

aggregate financial adequacy amount, which shall be the

sum of the Adequacy Target for each Organizational Unit.

The State Superintendent shall calculate and report

separately for each Organizational Unit the unit's total

State funds allocated for its students with disabilities.

The State Superintendent shall calculate and report

separately for each Organizational Unit the amount of

funding and applicable FTE calculated for each Essential

Element of the unit's Adequacy Target.

(4) Annually, the State Superintendent shall calculate

and report to each Organizational Unit the amount the unit

must expend on special education and bilingual education

and computer technology and equipment for Organizational

Units assigned to Tier 1 or Tier 2 that received an

additional $285.50 per student computer technology and

equipment investment grant to their Adequacy Target

pursuant to the unit's Base Funding Minimum, Special

Education Allocation, Bilingual Education Allocation, and

computer technology and equipment investment allocation.

(5) Moneys distributed under this Section shall be

calculated on a school year basis, but paid on a fiscal

year basis, with payments beginning in August and

extending through June. Unless otherwise provided, the

moneys appropriated for each fiscal year shall be

distributed in 22 equal payments at least 2 times monthly

to each Organizational Unit. If moneys appropriated for

any fiscal year are distributed other than monthly, the

distribution shall be on the same basis for each

Organizational Unit.

(6) Any school district that fails, for any given

school year, to maintain school as required by law or to

maintain a recognized school is not eligible to receive

Evidence-Based Funding. In case of non-recognition of one

or more attendance centers in a school district otherwise

operating recognized schools, the claim of the district

shall be reduced in the proportion that the enrollment in

the attendance center or centers bears to the enrollment

of the school district. "Recognized school" means any

public school that meets the standards for recognition by

the State Board. A school district or attendance center

not having recognition status at the end of a school term

is entitled to receive State aid payments due upon a legal

claim that was filed while it was recognized.

(7) School district claims filed under this Section

are subject to Sections 18-9 and 18-12 of this Code,

except as otherwise provided in this Section.

(8) Each fiscal year, the State Superintendent shall

calculate for each Organizational Unit an amount of its

Base Funding Minimum and Evidence-Based Funding that shall

be deemed attributable to the provision of special

educational facilities and services, as defined in Section

14-1.08 of this Code, in a manner that ensures compliance

with maintenance of State financial support requirements

under the federal Individuals with Disabilities Education

Act. An Organizational Unit must use such funds only for

the provision of special educational facilities and

services, as defined in Section 14-1.08 of this Code, and

must comply with any expenditure verification procedures

adopted by the State Board.

(9) All Organizational Units in this State must submit

annual spending plans by the end of September of each year

to the State Board as part of the annual budget process,

which shall describe how each Organizational Unit will

utilize the Base Funding Minimum and Evidence-Based

Funding it receives from this State under this Section

with specific identification of the intended utilization

of Low-Income, English learner, and special education

resources. Additionally, the annual spending plans of each

Organizational Unit shall describe how the Organizational

Unit expects to achieve student growth and how the

Organizational Unit will achieve State education goals, as

defined by the State Board. The State Superintendent may,

from time to time, identify additional requisites for

Organizational Units to satisfy when compiling the annual

spending plans required under this subsection (h). The

format and scope of annual spending plans shall be

developed by the State Superintendent and the State Board

of Education. School districts that serve students under

Article 14C of this Code shall continue to submit

information as required under Section 14C-12 of this Code.

(10) No later than January 1, 2018, the State

Superintendent shall develop a 5-year strategic plan for

all Organizational Units to help in planning for adequacy

funding under this Section. The State Superintendent shall

submit the plan to the Governor and the General Assembly,

as provided in Section 3.1 of the General Assembly

Organization Act. The plan shall include recommendations

for:

(A) a framework for collaborative, professional,

innovative, and 21st century learning environments

using the Evidence-Based Funding model;

(B) ways to prepare and support this State's

educators for successful instructional careers;

(C) application and enhancement of the current

financial accountability measures, the approved State

plan to comply with the federal Every Student Succeeds

Act, and the Illinois Balanced Accountability Measures

in relation to student growth and elements of the

Evidence-Based Funding model; and

(D) implementation of an effective school adequacy

funding system based on projected and recommended

funding levels from the General Assembly.

(11) On an annual basis, the State Superintendent must

recalibrate all of the following per pupil elements of the

Adequacy Target and applied to the formulas, based on the

study of average expenses and as reported in the most

recent annual financial report:

(A) Gifted under subparagraph (M) of paragraph (2)

of subsection (b).

(B) Instructional materials under subparagraph (O)

of paragraph (2) of subsection (b).

(C) Assessment under subparagraph (P) of paragraph

(2) of subsection (b).

(D) Student activities under subparagraph (R) of

paragraph (2) of subsection (b).

(E) Maintenance and operations under subparagraph

(S) of paragraph (2) of subsection (b).

(F) Central office under subparagraph (T) of

paragraph (2) of subsection (b).

(i) Professional Review Panel.

(1) A Professional Review Panel is created to study

and review topics related to the implementation and effect

of Evidence-Based Funding, as assigned by a joint

resolution or Public Act of the General Assembly or a

motion passed by the State Board of Education. The Panel

must provide recommendations to and serve the Governor,

the General Assembly, and the State Board. The State

Superintendent or his or her designee must serve as a

voting member and chairperson of the Panel. The State

Superintendent must appoint a vice chairperson from the

membership of the Panel. The Panel must advance

recommendations based on a three-fifths majority vote of

Panel members present and voting. A minority opinion may

also accompany any recommendation of the Panel. The Panel

shall be appointed by the State Superintendent, except as

otherwise provided in paragraph (2) of this subsection (i)

and include the following members:

(A) Two appointees that represent district

superintendents, recommended by a statewide

organization that represents district superintendents.

(B) Two appointees that represent school boards,

recommended by a statewide organization that

represents school boards.

(C) Two appointees from districts that represent

school business officials, recommended by a statewide

organization that represents school business

officials.

(D) Two appointees that represent school

principals, recommended by a statewide organization

that represents school principals.

(E) Two appointees that represent teachers,

recommended by a statewide organization that

represents teachers.

(F) Two appointees that represent teachers,

recommended by another statewide organization that

represents teachers.

(G) Two appointees that represent regional

superintendents of schools, recommended by

organizations that represent regional superintendents.

(H) Two independent experts selected solely by the

State Superintendent.

(I) Two independent experts recommended by public

universities in this State.

(J) One member recommended by a statewide

organization that represents parents.

(K) Two representatives recommended by collective

impact organizations that represent major metropolitan

areas or geographic areas in Illinois.

(L) One member from a statewide organization

focused on research-based education policy to support

a school system that prepares all students for

college, a career, and democratic citizenship.

(M) One representative from a school district

organized under Article 34 of this Code.

The State Superintendent shall ensure that the

membership of the Panel includes representatives from

school districts and communities reflecting the

geographic, socio-economic, racial, and ethnic diversity

of this State. The State Superintendent shall additionally

ensure that the membership of the Panel includes

representatives with expertise in bilingual education and

special education. Staff from the State Board shall staff

the Panel.

(2) In addition to those Panel members appointed by

the State Superintendent, 4 members of the General

Assembly shall be appointed as follows: one member of the

House of Representatives appointed by the Speaker of the

House of Representatives, one member of the Senate

appointed by the President of the Senate, one member of

the House of Representatives appointed by the Minority

Leader of the House of Representatives, and one member of

the Senate appointed by the Minority Leader of the Senate.

There shall be one additional member appointed by the

Governor. All members appointed by legislative leaders or

the Governor shall be non-voting, ex officio members.

(3) The Panel must study topics at the direction of

the General Assembly or State Board of Education, as

provided under paragraph (1). The Panel may also study the

following topics at the direction of the chairperson:

(A) The format and scope of annual spending plans

referenced in paragraph (9) of subsection (h) of this

Section.

(B) The Comparable Wage Index under this Section.

(C) Maintenance and operations, including capital

maintenance and construction costs.

(D) "At-risk student" definition.

(E) Benefits.

(F) Technology.

(G) Local Capacity Target.

(H) Funding for Alternative Schools, Laboratory

Schools, safe schools, and alternative learning

opportunities programs.

(I) Funding for college and career acceleration

strategies.

(J) Special education investments.

(K) Early childhood investments, in collaboration

with the Illinois Early Learning Council.

(4) (Blank).

(5) Within 5 years after the implementation of this

Section, and every 5 years thereafter, the Panel shall

complete an evaluative study of the entire Evidence-Based

Funding model, including an assessment of whether or not

the formula is achieving State goals. The Panel shall

report to the State Board, the General Assembly, and the

Governor on the findings of the study.

(6) (Blank).

(7) To ensure that (i) the Adequacy Target calculation

under subsection (b) accurately reflects the needs of

students living in poverty or attending schools located in

areas of high poverty, (ii) racial equity within the

Evidence-Based Funding formula is explicitly explored and

advanced, and (iii) the funding goals of the formula

distribution system established under this Section are

sufficient to provide adequate funding for every student

and to fully fund every school in this State, the Panel

shall review the Essential Elements under paragraph (2) of

subsection (b). The Panel shall consider all of the

following in its review:

(A) The financial ability of school districts to

provide instruction in a foreign language to every

student and whether an additional Essential Element

should be added to the formula to ensure that every

student has access to instruction in a foreign

language.

(B) The adult-to-student ratio for each Essential

Element in which a ratio is identified. The Panel

shall consider whether the ratio accurately reflects

the staffing needed to support students living in

poverty or who have traumatic backgrounds.

(C) Changes to the Essential Elements that may be

required to better promote racial equity and eliminate

structural racism within schools.

(D) The impact of investing $350,000,000 in

additional funds each year under this Section and an

estimate of when the school system will become fully

funded under this level of appropriation.

(E) Provide an overview of alternative funding

structures that would enable the State to become fully

funded at an earlier date.

(F) The potential to increase efficiency and to

find cost savings within the school system to expedite

the journey to a fully funded system.

(G) The appropriate levels for reenrolling and

graduating high-risk high school students who have

been previously out of school. These outcomes shall

include enrollment, attendance, skill gains, credit

gains, graduation or promotion to the next grade

level, and the transition to college, training, or

employment, with an emphasis on progressively

increasing the overall attendance.

(H) The evidence-based or research-based practices

that are shown to reduce the gaps and disparities

experienced by African American students in academic

achievement and educational performance, including

practices that have been shown to reduce disparities

in disciplinary rates, drop-out rates, graduation

rates, college matriculation rates, and college

completion rates.

On or before December 31, 2021, the Panel shall report

to the State Board, the General Assembly, and the Governor

on the findings of its review. This paragraph (7) is

inoperative on and after July 1, 2022.

(j) References. Beginning July 1, 2017, references in

other laws to general State aid funds or calculations under

Section 18-8.05 of this Code (now repealed) shall be deemed to

be references to evidence-based model formula funds or

calculations under this Section.

(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;

101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.

6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21;

102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff.

5-13-22; 102-894, eff. 5-20-22; revised 12-13-22.)

(105 ILCS 5/21B-20)

Sec. 21B-20. Types of licenses. The State Board of

Education shall implement a system of educator licensure,

whereby individuals employed in school districts who are

required to be licensed must have one of the following

licenses: (i) a professional educator license; (ii) an

educator license with stipulations; (iii) a substitute

teaching license; or (iv) until June 30, 2023, a short-term

substitute teaching license. References in law regarding

individuals certified or certificated or required to be

certified or certificated under Article 21 of this Code shall

also include individuals licensed or required to be licensed

under this Article. The first year of all licenses ends on June

30 following one full year of the license being issued.

The State Board of Education, in consultation with the

State Educator Preparation and Licensure Board, may adopt such

rules as may be necessary to govern the requirements for

licenses and endorsements under this Section.

(1) Professional Educator License. Persons who (i)

have successfully completed an approved educator

preparation program and are recommended for licensure by

the Illinois institution offering the educator preparation

program, (ii) have successfully completed the required

testing under Section 21B-30 of this Code, (iii) have

successfully completed coursework on the psychology of,

the identification of, and the methods of instruction for

the exceptional child, including without limitation

children with learning disabilities, (iv) have

successfully completed coursework in methods of reading

and reading in the content area, and (v) have met all other

criteria established by rule of the State Board of

Education shall be issued a Professional Educator License.

All Professional Educator Licenses are valid until June 30

immediately following 5 years of the license being issued.

The Professional Educator License shall be endorsed with

specific areas and grade levels in which the individual is

eligible to practice. For an early childhood education

endorsement, an individual may satisfy the student

teaching requirement of his or her early childhood teacher

preparation program through placement in a setting with

children from birth through grade 2, and the individual

may be paid and receive credit while student teaching. The

student teaching experience must meet the requirements of

and be approved by the individual's early childhood

teacher preparation program.

Individuals can receive subsequent endorsements on the

Professional Educator License. Subsequent endorsements

shall require a minimum of 24 semester hours of coursework

in the endorsement area and passage of the applicable

content area test, unless otherwise specified by rule.

(2) Educator License with Stipulations. An Educator

License with Stipulations shall be issued an endorsement

that limits the license holder to one particular position

or does not require completion of an approved educator

program or both.

An individual with an Educator License with

Stipulations must not be employed by a school district or

any other entity to replace any presently employed teacher

who otherwise would not be replaced for any reason.

An Educator License with Stipulations may be issued

with the following endorsements:

(A) (Blank).

(B) Alternative provisional educator. An

alternative provisional educator endorsement on an

Educator License with Stipulations may be issued to an

applicant who, at the time of applying for the

endorsement, has done all of the following:

(i) Graduated from a regionally accredited

college or university with a minimum of a

bachelor's degree.

(ii) Successfully completed the first phase of

the Alternative Educator Licensure Program for

Teachers, as described in Section 21B-50 of this

Code.

(iii) Passed a content area test, as required

under Section 21B-30 of this Code.

The alternative provisional educator endorsement is

valid for 2 years of teaching and may be renewed for a

third year by an individual meeting the requirements set

forth in Section 21B-50 of this Code.

(C) Alternative provisional superintendent. An

alternative provisional superintendent endorsement on

an Educator License with Stipulations entitles the

holder to serve only as a superintendent or assistant

superintendent in a school district's central office.

This endorsement may only be issued to an applicant

who, at the time of applying for the endorsement, has

done all of the following:

(i) Graduated from a regionally accredited

college or university with a minimum of a master's

degree in a management field other than education.

(ii) Been employed for a period of at least 5

years in a management level position in a field

other than education.

(iii) Successfully completed the first phase

of an alternative route to superintendent

endorsement program, as provided in Section 21B-55

of this Code.

(iv) Passed a content area test required under

Section 21B-30 of this Code.

The endorsement is valid for 2 fiscal years in

order to complete one full year of serving as a

superintendent or assistant superintendent.

(D) (Blank).

(E) Career and technical educator. A career and

technical educator endorsement on an Educator License

with Stipulations may be issued to an applicant who

has a minimum of 60 semester hours of coursework from a

regionally accredited institution of higher education

or an accredited trade and technical institution and

has a minimum of 2,000 hours of experience outside of

education in each area to be taught.

The career and technical educator endorsement on

an Educator License with Stipulations is valid until

June 30 immediately following 5 years of the

endorsement being issued and may be renewed.

An individual who holds a valid career and

technical educator endorsement on an Educator License

with Stipulations but does not hold a bachelor's

degree may substitute teach in career and technical

education classrooms.

(F) (Blank).

(G) Transitional bilingual educator. A

transitional bilingual educator endorsement on an

Educator License with Stipulations may be issued for

the purpose of providing instruction in accordance

with Article 14C of this Code to an applicant who

provides satisfactory evidence that he or she meets

all of the following requirements:

(i) Possesses adequate speaking, reading, and

writing ability in the language other than English

in which transitional bilingual education is

offered.

(ii) Has the ability to successfully

communicate in English.

(iii) Either possessed, within 5 years

previous to his or her applying for a transitional

bilingual educator endorsement, a valid and

comparable teaching certificate or comparable

authorization issued by a foreign country or holds

a degree from an institution of higher learning in

a foreign country that the State Educator

Preparation and Licensure Board determines to be

the equivalent of a bachelor's degree from a

regionally accredited institution of higher

learning in the United States.

A transitional bilingual educator endorsement

shall be valid for prekindergarten through grade 12,

is valid until June 30 immediately following 5 years

of the endorsement being issued, and shall not be

renewed.

Persons holding a transitional bilingual educator

endorsement shall not be employed to replace any

presently employed teacher who otherwise would not be

replaced for any reason.

(H) Language endorsement. In an effort to

alleviate the shortage of teachers speaking a language

other than English in the public schools, an

individual who holds an Educator License with

Stipulations may also apply for a language

endorsement, provided that the applicant provides

satisfactory evidence that he or she meets all of the

following requirements:

(i) Holds a transitional bilingual

endorsement.

(ii) Has demonstrated proficiency in the

language for which the endorsement is to be issued

by passing the applicable language content test

required by the State Board of Education.

(iii) Holds a bachelor's degree or higher from

a regionally accredited institution of higher

education or, for individuals educated in a

country other than the United States, holds a

degree from an institution of higher learning in a

foreign country that the State Educator

Preparation and Licensure Board determines to be

the equivalent of a bachelor's degree from a

regionally accredited institution of higher

learning in the United States.

(iv) (Blank).

A language endorsement on an Educator License with

Stipulations is valid for prekindergarten through

grade 12 for the same validity period as the

individual's transitional bilingual educator

endorsement on the Educator License with Stipulations

and shall not be renewed.

(I) Visiting international educator. A visiting

international educator endorsement on an Educator

License with Stipulations may be issued to an

individual who is being recruited by a particular

school district that conducts formal recruitment

programs outside of the United States to secure the

services of qualified teachers and who meets all of

the following requirements:

(i) Holds the equivalent of a minimum of a

bachelor's degree issued in the United States.

(ii) Has been prepared as a teacher at the

grade level for which he or she will be employed.

(iii) Has adequate content knowledge in the

subject to be taught.

(iv) Has an adequate command of the English

language.

A holder of a visiting international educator

endorsement on an Educator License with Stipulations

shall be permitted to teach in bilingual education

programs in the language that was the medium of

instruction in his or her teacher preparation program,

provided that he or she passes the English Language

Proficiency Examination or another test of writing

skills in English identified by the State Board of

Education, in consultation with the State Educator

Preparation and Licensure Board.

A visiting international educator endorsement on

an Educator License with Stipulations is valid for 5

years and shall not be renewed.

(J) Paraprofessional educator. A paraprofessional

educator endorsement on an Educator License with

Stipulations may be issued to an applicant who holds a

high school diploma or its recognized equivalent and

(i) holds an associate's degree or a minimum of 60

semester hours of credit from a regionally accredited

institution of higher education; (ii) has passed a

paraprofessional competency test under subsection

(c-5) of Section 21B-30; or (iii) is at least 18 years

of age and will be using the Educator License with

Stipulations exclusively for grades prekindergarten

through grade 8, until the individual reaches the age

of 19 years and otherwise meets the criteria for a

paraprofessional educator endorsement pursuant to this

subparagraph (J). The paraprofessional educator

endorsement is valid until June 30 immediately

following 5 years of the endorsement being issued and

may be renewed through application and payment of the

appropriate fee, as required under Section 21B-40 of

this Code. An individual who holds only a

paraprofessional educator endorsement is not subject

to additional requirements in order to renew the

endorsement.

(K) Chief school business official. A chief school

business official endorsement on an Educator License

with Stipulations may be issued to an applicant who

qualifies by having a master's degree or higher, 2

years of full-time administrative experience in school

business management or 2 years of university-approved

practical experience, and a minimum of 24 semester

hours of graduate credit in a program approved by the

State Board of Education for the preparation of school

business administrators and by passage of the

applicable State tests, including an applicable

content area test.

The chief school business official endorsement may

also be affixed to the Educator License with

Stipulations of any holder who qualifies by having a

master's degree in business administration, finance,

accounting, or public administration and who completes

an additional 6 semester hours of internship in school

business management from a regionally accredited

institution of higher education and passes the

applicable State tests, including an applicable

content area test. This endorsement shall be required

for any individual employed as a chief school business

official.

The chief school business official endorsement on

an Educator License with Stipulations is valid until

June 30 immediately following 5 years of the

endorsement being issued and may be renewed if the

license holder completes renewal requirements as

required for individuals who hold a Professional

Educator License endorsed for chief school business

official under Section 21B-45 of this Code and such

rules as may be adopted by the State Board of

Education.

The State Board of Education shall adopt any rules

necessary to implement Public Act 100-288.

(L) Provisional in-state educator. A provisional

in-state educator endorsement on an Educator License

with Stipulations may be issued to a candidate who has

completed an Illinois-approved educator preparation

program at an Illinois institution of higher education

and who has not successfully completed an

evidence-based assessment of teacher effectiveness but

who meets all of the following requirements:

(i) Holds at least a bachelor's degree.

(ii) Has completed an approved educator

preparation program at an Illinois institution.

(iii) Has passed an applicable content area

test, as required by Section 21B-30 of this Code.

(iv) Has attempted an evidence-based

assessment of teacher effectiveness and received a

minimum score on that assessment, as established

by the State Board of Education in consultation

with the State Educator Preparation and Licensure

Board.

A provisional in-state educator endorsement on an

Educator License with Stipulations is valid for one

full fiscal year after the date of issuance and may not

be renewed.

(M) (Blank).

(N) Specialized services. A specialized services

endorsement on an Educator License with Stipulations

may be issued as defined and specified by rule.

(3) Substitute Teaching License. A Substitute Teaching

License may be issued to qualified applicants for

substitute teaching in all grades of the public schools,

prekindergarten through grade 12. Substitute Teaching

Licenses are not eligible for endorsements. Applicants for

a Substitute Teaching License must hold a bachelor's

degree or higher from a regionally accredited institution

of higher education or must be enrolled in an approved

educator preparation program in this State and have earned

at least 90 credit hours.

Substitute Teaching Licenses are valid for 5 years.

Substitute Teaching Licenses are valid for substitute

teaching in every county of this State. If an individual

has had his or her Professional Educator License or

Educator License with Stipulations suspended or revoked,

then that individual is not eligible to obtain a

Substitute Teaching License.

A substitute teacher may only teach in the place of a

licensed teacher who is under contract with the employing

board. If, however, there is no licensed teacher under

contract because of an emergency situation, then a

district may employ a substitute teacher for no longer

than 30 calendar days per each vacant position in the

district if the district notifies the appropriate regional

office of education within 5 business days after the

employment of the substitute teacher in the emergency

situation. An emergency situation is one in which an

unforeseen vacancy has occurred and (i) a teacher is

unable to fulfill his or her contractual duties or (ii)

teacher capacity needs of the district exceed previous

indications, and the district is actively engaged in

advertising to hire a fully licensed teacher for the

vacant position.

There is no limit on the number of days that a

substitute teacher may teach in a single school district,

provided that no substitute teacher may teach for longer

than 120 days beginning with the 2021-2022 school year

through the 2022-2023 school year, otherwise 90 school

days for any one licensed teacher under contract in the

same school year. A substitute teacher who holds a

Professional Educator License or Educator License with

Stipulations shall not teach for more than 120 school days

for any one licensed teacher under contract in the same

school year. The limitations in this paragraph (3) on the

number of days a substitute teacher may be employed do not

apply to any school district operating under Article 34 of

this Code.

A school district may not require an individual who

holds a valid Professional Educator License or Educator

License with Stipulations to seek or hold a Substitute

Teaching License to teach as a substitute teacher.

(4) Short-Term Substitute Teaching License. Beginning

on July 1, 2018 and until June 30, 2023, the State Board of

Education may issue a Short-Term Substitute Teaching

License. A Short-Term Substitute Teaching License may be

issued to a qualified applicant for substitute teaching in

all grades of the public schools, prekindergarten through

grade 12. Short-Term Substitute Teaching Licenses are not

eligible for endorsements. Applicants for a Short-Term

Substitute Teaching License must hold an associate's

degree or have completed at least 60 credit hours from a

regionally accredited institution of higher education.

Short-Term Substitute Teaching Licenses are valid for

substitute teaching in every county of this State. If an

individual has had his or her Professional Educator

License or Educator License with Stipulations suspended or

revoked, then that individual is not eligible to obtain a

Short-Term Substitute Teaching License.

The provisions of Sections 10-21.9 and 34-18.5 of this

Code apply to short-term substitute teachers.

An individual holding a Short-Term Substitute Teaching

License may teach no more than 15 consecutive days per

licensed teacher who is under contract. For teacher

absences lasting 6 or more days per licensed teacher who

is under contract, a school district may not hire an

individual holding a Short-Term Substitute Teaching

License, unless the Governor has declared a disaster due

to a public health emergency pursuant to Section 7 of the

Illinois Emergency Management Agency Act. An individual

holding a Short-Term Substitute Teaching License must

complete the training program under Section 10-20.67 or

34-18.60 of this Code to be eligible to teach at a public

school. This paragraph (4) is inoperative on and after

July 1, 2023.

(Source: P.A. 101-81, eff. 7-12-19; 101-220, eff. 8-7-19;

101-594, eff. 12-5-19; 101-643, eff. 6-18-20; 102-711, eff.

1-1-23; 102-712, eff. 4-27-22; 102-713, eff. 1-1-23; 102-717,

eff. 4-29-22; 102-894, eff. 5-20-22; revised 12-13-22.)

(105 ILCS 5/21B-45)

Sec. 21B-45. Professional Educator License renewal.

(a) Individuals holding a Professional Educator License

are required to complete the licensure renewal requirements as

specified in this Section, unless otherwise provided in this

Code.

Individuals holding a Professional Educator License shall

meet the renewal requirements set forth in this Section,

unless otherwise provided in this Code. If an individual holds

a license endorsed in more than one area that has different

renewal requirements, that individual shall follow the renewal

requirements for the position for which he or she spends the

majority of his or her time working.

(b) All Professional Educator Licenses not renewed as

provided in this Section shall lapse on September 1 of that

year. Notwithstanding any other provisions of this Section, if

a license holder's electronic mail address is available, the

State Board of Education shall send him or her notification

electronically that his or her license will lapse if not

renewed, to be sent no more than 6 months prior to the license

lapsing. Lapsed licenses may be immediately reinstated upon

(i) payment to the State Board of Education by the applicant of

a $50 penalty or (ii) the demonstration of proficiency by

completing 9 semester hours of coursework from a regionally

accredited institution of higher education in the content area

that most aligns with one or more of the educator's

endorsement areas. Any and all back fees, including without

limitation registration fees owed from the time of expiration

of the license until the date of reinstatement, shall be paid

and kept in accordance with the provisions in Article 3 of this

Code concerning an institute fund and the provisions in

Article 21B of this Code concerning fees and requirements for

registration. Licenses not registered in accordance with

Section 21B-40 of this Code shall lapse after a period of 6

months from the expiration of the last year of registration or

on January 1 of the fiscal year following initial issuance of

the license. An unregistered license is invalid after

September 1 for employment and performance of services in an

Illinois public or State-operated school or cooperative and in

a charter school. Any license or endorsement may be

voluntarily surrendered by the license holder. A voluntarily

surrendered license shall be treated as a revoked license. An

Educator License with Stipulations with only a

paraprofessional endorsement does not lapse.

(c) From July 1, 2013 through June 30, 2014, in order to

satisfy the requirements for licensure renewal provided for in

this Section, each professional educator licensee with an

administrative endorsement who is working in a position

requiring such endorsement shall complete one Illinois

Administrators' Academy course, as described in Article 2 of

this Code, per fiscal year.

(c-5) All licenses issued by the State Board of Education

under this Article that expire on June 30, 2020 and have not

been renewed by the end of the 2020 renewal period shall be

extended for one year and shall expire on June 30, 2021.

(d) Beginning July 1, 2014, in order to satisfy the

requirements for licensure renewal provided for in this

Section, each professional educator licensee may create a

professional development plan each year. The plan shall

address one or more of the endorsements that are required of

his or her educator position if the licensee is employed and

performing services in an Illinois public or State-operated

school or cooperative. If the licensee is employed in a

charter school, the plan shall address that endorsement or

those endorsements most closely related to his or her educator

position. Licensees employed and performing services in any

other Illinois schools may participate in the renewal

requirements by adhering to the same process.

Except as otherwise provided in this Section, the

licensee's professional development activities shall align

with one or more of the following criteria:

(1) activities are of a type that engages engage

participants over a sustained period of time allowing for

analysis, discovery, and application as they relate to

student learning, social or emotional achievement, or

well-being;

(2) professional development aligns to the licensee's

performance;

(3) outcomes for the activities must relate to student

growth or district improvement;

(4) activities align to State-approved standards; and

(5) higher education coursework.

(e) For each renewal cycle, each professional educator

licensee shall engage in professional development activities.

Prior to renewal, the licensee shall enter electronically into

the Educator Licensure Information System (ELIS) the name,

date, and location of the activity, the number of professional

development hours, and the provider's name. The following

provisions shall apply concerning professional development

activities:

(1) Each licensee shall complete a total of 120 hours

of professional development per 5-year renewal cycle in

order to renew the license, except as otherwise provided

in this Section.

(2) Beginning with his or her first full 5-year cycle,

any licensee with an administrative endorsement who is not

working in a position requiring such endorsement is not

required to complete Illinois Administrators' Academy

courses, as described in Article 2 of this Code. Such

licensees must complete one Illinois Administrators'

Academy course within one year after returning to a

position that requires the administrative endorsement.

(3) Any licensee with an administrative endorsement

who is working in a position requiring such endorsement or

an individual with a Teacher Leader endorsement serving in

an administrative capacity at least 50% of the day shall

complete one Illinois Administrators' Academy course, as

described in Article 2 of this Code, each fiscal year in

addition to 100 hours of professional development per

5-year renewal cycle in accordance with this Code.

However, for the 2021-2022 school year only, a licensee

under this paragraph (3) is not required to complete an

Illinois Administrators' Academy course.

(4) Any licensee holding a current National Board for

Professional Teaching Standards (NBPTS) master teacher

designation shall complete a total of 60 hours of

professional development per 5-year renewal cycle in order

to renew the license.

(5) Licensees working in a position that does not

require educator licensure or working in a position for

less than 50% for any particular year are considered to be

exempt and shall be required to pay only the registration

fee in order to renew and maintain the validity of the

license.

(6) Licensees who are retired and qualify for benefits

from a State of Illinois retirement system shall be listed

as retired, and the license shall be maintained in retired

status. For any renewal cycle in which a licensee retires

during the renewal cycle, the licensee must complete

professional development activities on a prorated basis

depending on the number of years during the renewal cycle

the educator held an active license. If a licensee retires

during a renewal cycle, the license status must be updated

using ELIS indicating that the licensee wishes to maintain

the license in retired status and the licensee must show

proof of completion of professional development activities

on a prorated basis for all years of that renewal cycle for

which the license was active. An individual with a license

in retired status shall not be required to complete

professional development activities until returning to a

position that requires educator licensure. Upon returning

to work in a position that requires the Professional

Educator License, the license status shall immediately be

updated using ELIS and the licensee shall complete renewal

requirements for that year. A retired teacher, even if

returning to a position that requires educator licensure,

shall not be required to pay registration fees. A license

in retired status cannot lapse. Beginning on January 6,

2017 (the effective date of Public Act 99-920) through

December 31, 2017, any licensee who has retired and whose

license has lapsed for failure to renew as provided in

this Section may reinstate that license and maintain it in

retired status upon providing proof to the State Board of

Education using ELIS that the licensee is retired and is

not working in a position that requires a Professional

Educator License.

(7) For any renewal cycle in which professional

development hours were required, but not fulfilled, the

licensee shall complete any missed hours to total the

minimum professional development hours required in this

Section prior to September 1 of that year. Professional

development hours used to fulfill the minimum required

hours for a renewal cycle may be used for only one renewal

cycle. For any fiscal year or renewal cycle in which an

Illinois Administrators' Academy course was required but

not completed, the licensee shall complete any missed

Illinois Administrators' Academy courses prior to

September 1 of that year. The licensee may complete all

deficient hours and Illinois Administrators' Academy

courses while continuing to work in a position that

requires that license until September 1 of that year.

(8) Any licensee who has not fulfilled the

professional development renewal requirements set forth in

this Section at the end of any 5-year renewal cycle is

ineligible to register his or her license and may submit

an appeal to the State Superintendent of Education for

reinstatement of the license.

(9) If professional development opportunities were

unavailable to a licensee, proof that opportunities were

unavailable and request for an extension of time beyond

August 31 to complete the renewal requirements may be

submitted from April 1 through June 30 of that year to the

State Educator Preparation and Licensure Board. If an

extension is approved, the license shall remain valid

during the extension period.

(10) Individuals who hold exempt licenses prior to

December 27, 2013 (the effective date of Public Act

98-610) shall commence the annual renewal process with the

first scheduled registration due after December 27, 2013

(the effective date of Public Act 98-610).

(11) Notwithstanding any other provision of this

subsection (e), if a licensee earns more than the required

number of professional development hours during a renewal

cycle, then the licensee may carry over any hours earned

from April 1 through June 30 of the last year of the

renewal cycle. Any hours carried over in this manner must

be applied to the next renewal cycle. Illinois

Administrators' Academy courses or hours earned in those

courses may not be carried over.

(e-5) The number of professional development hours

required under subsection (e) is reduced by 20% for any

renewal cycle that includes the 2021-2022 school year.

(f) At the time of renewal, each licensee shall respond to

the required questions under penalty of perjury.

(f-5) The State Board of Education shall conduct random

audits of licensees to verify a licensee's fulfillment of the

professional development hours required under this Section.

Upon completion of a random audit, if it is determined by the

State Board of Education that the licensee did not complete

the required number of professional development hours or did

not provide sufficient proof of completion, the licensee shall

be notified that his or her license has lapsed. A license that

has lapsed under this subsection may be reinstated as provided

in subsection (b).

(g) The following entities shall be designated as approved

to provide professional development activities for the renewal

of Professional Educator Licenses:

(1) The State Board of Education.

(2) Regional offices of education and intermediate

service centers.

(3) Illinois professional associations representing

the following groups that are approved by the State

Superintendent of Education:

(A) school administrators;

(B) principals;

(C) school business officials;

(D) teachers, including special education

teachers;

(E) school boards;

(F) school districts;

(G) parents; and

(H) school service personnel.

(4) Regionally accredited institutions of higher

education that offer Illinois-approved educator

preparation programs and public community colleges subject

to the Public Community College Act.

(5) Illinois public school districts, charter schools

authorized under Article 27A of this Code, and joint

educational programs authorized under Article 10 of this

Code for the purposes of providing career and technical

education or special education services.

(6) A not-for-profit organization that, as of December

31, 2014 (the effective date of Public Act 98-1147), has

had or has a grant from or a contract with the State Board

of Education to provide professional development services

in the area of English Learning to Illinois school

districts, teachers, or administrators.

(7) State agencies, State boards, and State

commissions.

(8) Museums as defined in Section 10 of the Museum

Disposition of Property Act.

(h) Approved providers under subsection (g) of this

Section shall make available professional development

opportunities that satisfy at least one of the following:

(1) increase the knowledge and skills of school and

district leaders who guide continuous professional

development;

(2) improve the learning of students;

(3) organize adults into learning communities whose

goals are aligned with those of the school and district;

(4) deepen educator's content knowledge;

(5) provide educators with research-based

instructional strategies to assist students in meeting

rigorous academic standards;

(6) prepare educators to appropriately use various

types of classroom assessments;

(7) use learning strategies appropriate to the

intended goals;

(8) provide educators with the knowledge and skills to

collaborate;

(9) prepare educators to apply research to decision

making;

(10) provide educators with training on inclusive

practices in the classroom that examines instructional and

behavioral strategies that improve academic and

social-emotional outcomes for all students, with or

without disabilities, in a general education setting; or

(11) beginning on July 1, 2022, provide educators with

training on the physical and mental health needs of

students, student safety, educator ethics, professional

conduct, and other topics that address the well-being of

students and improve the academic and social-emotional

outcomes of students.

(i) Approved providers under subsection (g) of this

Section shall do the following:

(1) align professional development activities to the

State-approved national standards for professional

learning;

(2) meet the professional development criteria for

Illinois licensure renewal;

(3) produce a rationale for the activity that explains

how it aligns to State standards and identify the

assessment for determining the expected impact on student

learning or school improvement;

(4) maintain original documentation for completion of

activities;

(5) provide license holders with evidence of

completion of activities;

(6) request an Illinois Educator Identification Number

(IEIN) for each educator during each professional

development activity; and

(7) beginning on July 1, 2019, register annually with

the State Board of Education prior to offering any

professional development opportunities in the current

fiscal year.

(j) The State Board of Education shall conduct annual

audits of a subset of approved providers, except for school

districts, which shall be audited by regional offices of

education and intermediate service centers. The State Board of

Education shall ensure that each approved provider, except for

a school district, is audited at least once every 5 years. The

State Board of Education may conduct more frequent audits of

providers if evidence suggests the requirements of this

Section or administrative rules are not being met.

(1) (Blank).

(2) Approved providers shall comply with the

requirements in subsections (h) and (i) of this Section by

annually submitting data to the State Board of Education

demonstrating how the professional development activities

impacted one or more of the following:

(A) educator and student growth in regards to

content knowledge or skills, or both;

(B) educator and student social and emotional

growth; or

(C) alignment to district or school improvement

plans.

(3) The State Superintendent of Education shall review

the annual data collected by the State Board of Education,

regional offices of education, and intermediate service

centers in audits to determine if the approved provider

has met the criteria and should continue to be an approved

provider or if further action should be taken as provided

in rules.

(k) Registration fees shall be paid for the next renewal

cycle between April 1 and June 30 in the last year of each

5-year renewal cycle using ELIS. If all required professional

development hours for the renewal cycle have been completed

and entered by the licensee, the licensee shall pay the

registration fees for the next cycle using a form of credit or

debit card.

(l) Any professional educator licensee endorsed for school

support personnel who is employed and performing services in

Illinois public schools and who holds an active and current

professional license issued by the Department of Financial and

Professional Regulation or a national certification board, as

approved by the State Board of Education, related to the

endorsement areas on the Professional Educator License shall

be deemed to have satisfied the continuing professional

development requirements provided for in this Section. Such

individuals shall be required to pay only registration fees to

renew the Professional Educator License. An individual who

does not hold a license issued by the Department of Financial

and Professional Regulation shall complete professional

development requirements for the renewal of a Professional

Educator License provided for in this Section.

(m) Appeals to the State Educator Preparation and

Licensure Board must be made within 30 days after receipt of

notice from the State Superintendent of Education that a

license will not be renewed based upon failure to complete the

requirements of this Section. A licensee may appeal that

decision to the State Educator Preparation and Licensure Board

in a manner prescribed by rule.

(1) Each appeal shall state the reasons why the State

Superintendent's decision should be reversed and shall be

sent by certified mail, return receipt requested, to the

State Board of Education.

(2) The State Educator Preparation and Licensure Board

shall review each appeal regarding renewal of a license

within 90 days after receiving the appeal in order to

determine whether the licensee has met the requirements of

this Section. The State Educator Preparation and Licensure

Board may hold an appeal hearing or may make its

determination based upon the record of review, which shall

consist of the following:

(A) the regional superintendent of education's

rationale for recommending nonrenewal of the license,

if applicable;

(B) any evidence submitted to the State

Superintendent along with the individual's electronic

statement of assurance for renewal; and

(C) the State Superintendent's rationale for

nonrenewal of the license.

(3) The State Educator Preparation and Licensure Board

shall notify the licensee of its decision regarding

license renewal by certified mail, return receipt

requested, no later than 30 days after reaching a

decision. Upon receipt of notification of renewal, the

licensee, using ELIS, shall pay the applicable

registration fee for the next cycle using a form of credit

or debit card.

(n) The State Board of Education may adopt rules as may be

necessary to implement this Section.

(Source: P.A. 101-85, eff. 1-1-20; 101-531, eff. 8-23-19;

101-643, eff. 6-18-20; 102-676, eff. 12-3-21; 102-710, eff.

4-27-22; 102-730, eff. 5-6-22; 102-852, eff. 5-13-22; revised

8-25-22.)

(105 ILCS 5/24-6)

Sec. 24-6. Sick leave. The school boards of all school

districts, including special charter districts, but not

including school districts in municipalities of 500,000 or

more, shall grant their full-time teachers, and also shall

grant such of their other employees as are eligible to

participate in the Illinois Municipal Retirement Fund under

the "600-Hour Standard" established, or under such other

eligibility participation standard as may from time to time be

established, by rules and regulations now or hereafter

promulgated by the Board of that Fund under Section 7-198 of

the Illinois Pension Code, as now or hereafter amended, sick

leave provisions not less in amount than 10 days at full pay in

each school year. If any such teacher or employee does not use

the full amount of annual leave thus allowed, the unused

amount shall be allowed to accumulate to a minimum available

leave of 180 days at full pay, including the leave of the

current year. Sick leave shall be interpreted to mean personal

illness, mental or behavioral health complications, quarantine

at home, or serious illness or death in the immediate family or

household. The school board may require a certificate from a

physician licensed in Illinois to practice medicine and

surgery in all its branches, a mental health professional

licensed in Illinois providing ongoing care or treatment to

the teacher or employee, a chiropractic physician licensed

under the Medical Practice Act of 1987, a licensed advanced

practice registered nurse, a licensed physician assistant, or,

if the treatment is by prayer or spiritual means, a spiritual

adviser or practitioner of the teacher's or employee's faith

as a basis for pay during leave after an absence of 3 days for

personal illness or as the school board may deem necessary in

other cases. If the school board does require a certificate as

a basis for pay during leave of less than 3 days for personal

illness, the school board shall pay, from school funds, the

expenses incurred by the teachers or other employees in

obtaining the certificate.

Sick leave shall also be interpreted to mean birth,

adoption, placement for adoption, and the acceptance of a

child in need of foster care. Teachers and other employees to

which this Section applies are entitled to use up to 30 days of

paid sick leave because of the birth of a child that is not

dependent on the need to recover from childbirth. Paid sick

leave because of the birth of a child may be used absent

medical certification for up to 30 working school days, which

days may be used at any time within the 12-month period

following the birth of the child. The use of up to 30 working

school days of paid sick leave because of the birth of a child

may not be diminished as a result of any intervening period of

nonworking days or school not being in session, such as for

summer, winter, or spring break or holidays, that may occur

during the use of the paid sick leave. For paid sick leave for

adoption, placement for adoption, or the acceptance of a child

in need of foster care, the school board may require that the

teacher or other employee to which this Section applies

provide evidence that the formal adoption process or the

formal foster care process is underway, and such sick leave is

limited to 30 days unless a longer leave has been negotiated

with the exclusive bargaining representative. Paid sick leave

for adoption, placement for adoption, or the acceptance of a

child in need of foster care need not be used consecutively

once the formal adoption process or the formal foster care

process is underway, and such sick leave may be used for

reasons related to the formal adoption process or the formal

foster care process prior to taking custody of the child or

accepting the child in need of foster care, in addition to

using such sick leave upon taking custody of the child or

accepting the child in need of foster care.

If, by reason of any change in the boundaries of school

districts, or by reason of the creation of a new school

district, the employment of a teacher is transferred to a new

or different board, the accumulated sick leave of such teacher

is not thereby lost, but is transferred to such new or

different district.

Any sick leave used by a teacher or employee during the

2021-2022 school year shall be returned to a teacher or

employee who receives all doses required to be fully

vaccinated against COVID-19, as defined in Section 10-20.83 of

this Code, if:

(1) the sick leave was taken because the teacher or

employee was restricted from being on school district

property because the teacher or employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

teacher or employee who was unable to attend elementary or

secondary school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

For purposes of return of sick leave used in the 2021-2022

school year pursuant this Section, an "employee" is a teacher

or employee employed by the school district on or after April

5, 2022 (the effective date of Public Act 102-697) this

amendatory Act of the 102nd General Assembly.

Leave shall be returned to a teacher or employee pursuant

to this Section provided that the teacher or employee has

received all required doses to meet the definition of "fully

vaccinated against COVID-19" under Section 10-20.83 of this

Code no later than 5 weeks after April 5, 2022 (the effective

date of Public Act 102-697) this amendatory Act of the 102nd

General Assembly.

No school may rescind any sick leave returned to a teacher

or employee on the basis of a revision to the definition of

"fully vaccinated against COVID-19" by the Centers for Disease

Control and Prevention of the United States Department of

Health and Human Services or the Department of Public Health,

provided that the teacher or employee received all doses

required to be fully vaccinated against COVID-19, as defined

in Section 10-20.83 of this Code, at the time the sick leave

was returned to the teacher or employee.

For purposes of this Section, "immediate family" shall

include parents, spouse, brothers, sisters, children,

grandparents, grandchildren, parents-in-law, brothers-in-law,

sisters-in-law, and legal guardians.

(Source: P.A. 102-275, eff. 8-6-21; 102-697, eff. 4-5-22;

102-866, eff. 5-13-22; revised 8-25-22.)

(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)

Sec. 26-2. Enrolled pupils not of compulsory school age.

(a) Any person having custody or control of a child who is

below the age of 6 years or is 17 years of age or above and who

is enrolled in any of grades kindergarten through 12 in the

public school shall cause the child to attend the public

school in the district wherein he or she resides when it is in

session during the regular school term, unless the child is

excused under Section 26-1 of this Code.

(b) A school district shall deny reenrollment in its

secondary schools to any child 19 years of age or above who has

dropped out of school and who could not, because of age and

lack of credits, attend classes during the normal school year

and graduate before his or her twenty-first birthday. A

district may, however, enroll the child in a graduation

incentives program under Section 26-16 of this Code or an

alternative learning opportunities program established under

Article 13B. No child shall be denied reenrollment for the

above reasons unless the school district first offers the

child due process as required in cases of expulsion under

Section 10-22.6. If a child is denied reenrollment after being

provided with due process, the school district must provide

counseling to that child and must direct that child to

alternative educational programs, including adult education

programs, that lead to graduation or receipt of a State of

Illinois High School Diploma.

(c) A school or school district may deny enrollment to a

student 17 years of age or older for one semester for failure

to meet minimum attendance standards if all of the following

conditions are met:

(1) The student was absent without valid cause for 20%

or more of the attendance days in the semester immediately

prior to the current semester.

(2) The student and the student's parent or guardian

are given written notice warning that the student is

subject to denial from enrollment for one semester unless

the student is absent without valid cause less than 20% of

the attendance days in the current semester.

(3) The student's parent or guardian is provided with

the right to appeal the notice, as determined by the State

Board of Education in accordance with due process.

(4) The student is provided with attendance

remediation services, including without limitation

assessment, counseling, and support services.

(5) The student is absent without valid cause for 20%

or more of the attendance days in the current semester.

A school or school district may not deny enrollment to a

student (or reenrollment to a dropout) who is at least 17 years

of age or older but below 19 years for more than one

consecutive semester for failure to meet attendance standards.

(d) No child may be denied reenrollment under this Section

in violation of the federal Individuals with Disabilities

Education Act or the Americans with Disabilities Act.

(e) In this subsection (e), "reenrolled student" means a

dropout who has reenrolled full-time in a public school. Each

school district shall identify, track, and report on the

educational progress and outcomes of reenrolled students as a

subset of the district's required reporting on all

enrollments. A reenrolled student who again drops out must not

be counted again against a district's dropout rate performance

measure. The State Board of Education shall set performance

standards for programs serving reenrolled students.

(f) The State Board of Education shall adopt any rules

necessary to implement the changes to this Section made by

Public Act 93-803.

(Source: P.A. 102-981, eff. 1-1-23; 102-1100, eff. 1-1-23;

revised 12-13-22.)

(105 ILCS 5/27-22) (from Ch. 122, par. 27-22)

Sec. 27-22. Required high school courses.

(a) (Blank).

(b) (Blank).

(c) (Blank).

(d) (Blank).

(e) Through the 2023-2024 school year, as a prerequisite

to receiving a high school diploma, each pupil entering the

9th grade must, in addition to other course requirements,

successfully complete all of the following courses:

(1) Four years of language arts.

(2) Two years of writing intensive courses, one of

which must be English and the other of which may be English

or any other subject. When applicable, writing-intensive

courses may be counted towards the fulfillment of other

graduation requirements.

(3) Three years of mathematics, one of which must be

Algebra I, one of which must include geometry content, and

one of which may be an Advanced Placement computer science

course. A mathematics course that includes geometry

content may be offered as an integrated, applied,

interdisciplinary, or career and technical education

course that prepares a student for a career readiness

path.

(3.5) For pupils entering the 9th grade in the

2022-2023 school year and 2023-2024 school year, one year

of a course that includes intensive instruction in

computer literacy, which may be English, social studies,

or any other subject and which may be counted toward the

fulfillment of other graduation requirements.

(4) Two years of science.

(5) Two years of social studies, of which at least one

year must be history of the United States or a combination

of history of the United States and American government

and, beginning with pupils entering the 9th grade in the

2016-2017 school year and each school year thereafter, at

least one semester must be civics, which shall help young

people acquire and learn to use the skills, knowledge, and

attitudes that will prepare them to be competent and

responsible citizens throughout their lives. Civics course

content shall focus on government institutions, the

discussion of current and controversial issues, service

learning, and simulations of the democratic process.

School districts may utilize private funding available for

the purposes of offering civics education. Beginning with

pupils entering the 9th grade in the 2021-2022 school

year, one semester, or part of one semester, may include a

financial literacy course.

(6) One year chosen from (A) music, (B) art, (C)

foreign language, which shall be deemed to include

American Sign Language, (D) vocational education, or (E)

forensic speech (speech and debate). A forensic speech

course used to satisfy the course requirement under

subdivision (1) may not be used to satisfy the course

requirement under this subdivision (6).

(e-5) Beginning with the 2024-2025 school year, as a

prerequisite to receiving a high school diploma, each pupil

entering the 9th grade must, in addition to other course

requirements, successfully complete all of the following

courses:

(1) Four years of language arts.

(2) Two years of writing intensive courses, one of

which must be English and the other of which may be English

or any other subject. If applicable, writing-intensive

courses may be counted toward the fulfillment of other

graduation requirements.

(3) Three years of mathematics, one of which must be

Algebra I, one of which must include geometry content, and

one of which may be an Advanced Placement computer science

course. A mathematics course that includes geometry

content may be offered as an integrated, applied,

interdisciplinary, or career and technical education

course that prepares a student for a career readiness

path.

(3.5) One year of a course that includes intensive

instruction in computer literacy, which may be English,

social studies, or any other subject and which may be

counted toward the fulfillment of other graduation

requirements.

(4) Two years of laboratory science.

(5) Two years of social studies, of which at least one

year must be history of the United States or a combination

of history of the United States and American government

and at least one semester must be civics, which shall help

young people acquire and learn to use the skills,

knowledge, and attitudes that will prepare them to be

competent and responsible citizens throughout their lives.

Civics course content shall focus on government

institutions, the discussion of current and controversial

issues, service learning, and simulations of the

democratic process. School districts may utilize private

funding available for the purposes of offering civics

education. One semester, or part of one semester, may

include a financial literacy course.

(6) One year chosen from (A) music, (B) art, (C)

foreign language, which shall be deemed to include

American Sign Language, (D) vocational education, or (E)

forensic speech (speech and debate). A forensic speech

course used to satisfy the course requirement under

subdivision (1) may not be used to satisfy the course

requirement under this subdivision (6).

(e-10) Beginning with the 2028-2029 school year, as a

prerequisite to receiving a high school diploma, each pupil

entering the 9th grade must, in addition to other course

requirements, successfully complete 2 years of foreign

language courses, which may include American Sign Language. A

pupil may choose a third year of foreign language to satisfy

the requirement under subdivision paragraph (6) of subsection

(e-5).

(f) The State Board of Education shall develop and inform

school districts of standards for writing-intensive

coursework.

(f-5) If a school district offers an Advanced Placement

computer science course to high school students, then the

school board must designate that course as equivalent to a

high school mathematics course and must denote on the

student's transcript that the Advanced Placement computer

science course qualifies as a mathematics-based, quantitative

course for students in accordance with subdivision (3) of

subsection (e) of this Section.

(g) Public Act 83-1082 This amendatory Act of 1983 does

not apply to pupils entering the 9th grade in 1983-1984 school

year and prior school years or to students with disabilities

whose course of study is determined by an individualized

education program.

Public Act 94-676 This amendatory Act of the 94th General

Assembly does not apply to pupils entering the 9th grade in the

2004-2005 school year or a prior school year or to students

with disabilities whose course of study is determined by an

individualized education program.

Subdivision (3.5) of subsection (e) does not apply to

pupils entering the 9th grade in the 2021-2022 school year or a

prior school year or to students with disabilities whose

course of study is determined by an individualized education

program.

Subsection (e-5) does not apply to pupils entering the 9th

grade in the 2023-2024 school year or a prior school year or to

students with disabilities whose course of study is determined

by an individualized education program. Subsection (e-10) does

not apply to pupils entering the 9th grade in the 2027-2028

school year or a prior school year or to students with

disabilities whose course of study is determined by an

individualized education program.

(h) The provisions of this Section are subject to the

provisions of Section 27-22.05 of this Code and the

Postsecondary and Workforce Readiness Act.

(i) The State Board of Education may adopt rules to modify

the requirements of this Section for any students enrolled in

grades 9 through 12 if the Governor has declared a disaster due

to a public health emergency pursuant to Section 7 of the

Illinois Emergency Management Agency Act.

(Source: P.A. 101-464, eff. 1-1-20; 101-643, eff. 6-18-20;

101-654, Article 50, Section 50-5, eff. 3-8-21; 101-654,

Article 60, Section 60-5, eff. 3-8-21; 102-366, eff. 8-13-21;

102-551, eff. 1-1-22; 102-864, eff. 5-13-22; revised 9-2-22.)

(105 ILCS 5/27A-5)

(Text of Section before amendment by P.A. 102-466 and

102-702)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian,

nonreligious, non-home based, and non-profit school. A charter

school shall be organized and operated as a nonprofit

corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article

by creating a new school or by converting an existing public

school or attendance center to charter school status.

Beginning on April 16, 2003 (the effective date of Public Act

93-3), in all new applications to establish a charter school

in a city having a population exceeding 500,000, operation of

the charter school shall be limited to one campus. The changes

made to this Section by Public Act 93-3 do not apply to charter

schools existing or approved on or before April 16, 2003 (the

effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means

a cyber school where students engage in online curriculum and

instruction via the Internet and electronic communication with

their teachers at remote locations and with students

participating at different times.

From April 1, 2013 through December 31, 2016, there is a

moratorium on the establishment of charter schools with

virtual-schooling components in school districts other than a

school district organized under Article 34 of this Code. This

moratorium does not apply to a charter school with

virtual-schooling components existing or approved prior to

April 1, 2013 or to the renewal of the charter of a charter

school with virtual-schooling components already approved

prior to April 1, 2013.

(c) A charter school shall be administered and governed by

its board of directors or other governing body in the manner

provided in its charter. The governing body of a charter

school shall be subject to the Freedom of Information Act and

the Open Meetings Act. No later than January 1, 2021 (one year

after the effective date of Public Act 101-291), a charter

school's board of directors or other governing body must

include at least one parent or guardian of a pupil currently

enrolled in the charter school who may be selected through the

charter school or a charter network election, appointment by

the charter school's board of directors or other governing

body, or by the charter school's Parent Teacher Organization

or its equivalent.

(c-5) No later than January 1, 2021 (one year after the

effective date of Public Act 101-291) or within the first year

of his or her first term, every voting member of a charter

school's board of directors or other governing body shall

complete a minimum of 4 hours of professional development

leadership training to ensure that each member has sufficient

familiarity with the board's or governing body's role and

responsibilities, including financial oversight and

accountability of the school, evaluating the principal's and

school's performance, adherence to the Freedom of Information

Act and the Open Meetings Act, and compliance with education

and labor law. In each subsequent year of his or her term, a

voting member of a charter school's board of directors or

other governing body shall complete a minimum of 2 hours of

professional development training in these same areas. The

training under this subsection may be provided or certified by

a statewide charter school membership association or may be

provided or certified by other qualified providers approved by

the State Board of Education.

(d) For purposes of this subsection (d), "non-curricular

health and safety requirement" means any health and safety

requirement created by statute or rule to provide, maintain,

preserve, or safeguard safe or healthful conditions for

students and school personnel or to eliminate, reduce, or

prevent threats to the health and safety of students and

school personnel. "Non-curricular health and safety

requirement" does not include any course of study or

specialized instructional requirement for which the State

Board has established goals and learning standards or which is

designed primarily to impart knowledge and skills for students

to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular

health and safety requirements applicable to public schools

under the laws of the State of Illinois. On or before September

1, 2015, the State Board shall promulgate and post on its

Internet website a list of non-curricular health and safety

requirements that a charter school must meet. The list shall

be updated annually no later than September 1. Any charter

contract between a charter school and its authorizer must

contain a provision that requires the charter school to follow

the list of all non-curricular health and safety requirements

promulgated by the State Board and any non-curricular health

and safety requirements added by the State Board to such list

during the term of the charter. Nothing in this subsection (d)

precludes an authorizer from including non-curricular health

and safety requirements in a charter school contract that are

not contained in the list promulgated by the State Board,

including non-curricular health and safety requirements of the

authorizing local school board.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs, including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. The contractor shall not be an employee of the charter

school or affiliated with the charter school or its authorizer

in any way, other than to audit the charter school's finances.

To ensure financial accountability for the use of public

funds, on or before December 1 of every year of operation, each

charter school shall submit to its authorizer and the State

Board a copy of its audit and a copy of the Form 990 the

charter school filed that year with the federal Internal

Revenue Service. In addition, if deemed necessary for proper

financial oversight of the charter school, an authorizer may

require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, the Illinois Educational Labor Relations Act,

all federal and State laws and rules applicable to public

schools that pertain to special education and the instruction

of English learners, and its charter. A charter school is

exempt from all other State laws and regulations in this Code

governing public schools and local school board policies;

however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code

regarding criminal history records checks and checks of

the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database of applicants

for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and

subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school

report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying

prevention;

(10) Section 2-3.162 of this Code regarding student

discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Sections 22-90 and 26-18 of this Code;

(15) Section 22-30 of this Code;

(16) Sections 24-12 and 34-85 of this Code;

(17) the Seizure Smart School Act;

(18) Section 2-3.64a-10 of this Code;

(19) Sections 10-20.73 and 34-21.9 of this Code;

(20) Section 10-22.25b of this Code;

(21) Section 27-9.1a of this Code;

(22) Section 27-9.1b of this Code;

(23) Section 34-18.8 of this Code;

(25) Section 2-3.188 of this Code;

(26) Section 22-85.5 of this Code;

(27) subsections Subsections (d-10), (d-15), and

(d-20) of Section 10-20.56 of this Code; and

(28) Sections 10-20.83 and 34-18.78 of this Code; .

(29) (27) Section 10-20.13 of this Code;

(30) (28) Section 28-19.2 of this Code; and

(31) (29) Section 34-21.6 of this Code.

The change made by Public Act 96-104 to this subsection

(g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a

school district, the governing body of a State college or

university or public community college, or any other public or

for-profit or nonprofit private entity for: (i) the use of a

school building and grounds or any other real property or

facilities that the charter school desires to use or convert

for use as a charter school site, (ii) the operation and

maintenance thereof, and (iii) the provision of any service,

activity, or undertaking that the charter school is required

to perform in order to carry out the terms of its charter.

However, a charter school that is established on or after

April 16, 2003 (the effective date of Public Act 93-3) and that

operates in a city having a population exceeding 500,000 may

not contract with a for-profit entity to manage or operate the

school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and concludes at the end of

the 2004-2005 school year. Except as provided in subsection

(i) of this Section, a school district may charge a charter

school reasonable rent for the use of the district's

buildings, grounds, and facilities. Any services for which a

charter school contracts with a school district shall be

provided by the district at cost. Any services for which a

charter school contracts with a local school board or with the

governing body of a State college or university or public

community college shall be provided by the public entity at

cost.

(i) In no event shall a charter school that is established

by converting an existing school or attendance center to

charter school status be required to pay rent for space that is

deemed available, as negotiated and provided in the charter

agreement, in school district facilities. However, all other

costs for the operation and maintenance of school district

facilities that are used by the charter school shall be

subject to negotiation between the charter school and the

local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age

or grade level.

(k) If the charter school is approved by the State Board or

Commission, then the charter school is its own local education

agency.

(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;

101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,

eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.

12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,

eff. 5-13-22; revised 12-13-22.)

(Text of Section after amendment by P.A. 102-702 but

before amendment by P.A. 102-466)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian,

nonreligious, non-home based, and non-profit school. A charter

school shall be organized and operated as a nonprofit

corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article

by creating a new school or by converting an existing public

school or attendance center to charter school status.

Beginning on April 16, 2003 (the effective date of Public Act

93-3), in all new applications to establish a charter school

in a city having a population exceeding 500,000, operation of

the charter school shall be limited to one campus. The changes

made to this Section by Public Act 93-3 do not apply to charter

schools existing or approved on or before April 16, 2003 (the

effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means

a cyber school where students engage in online curriculum and

instruction via the Internet and electronic communication with

their teachers at remote locations and with students

participating at different times.

From April 1, 2013 through December 31, 2016, there is a

moratorium on the establishment of charter schools with

virtual-schooling components in school districts other than a

school district organized under Article 34 of this Code. This

moratorium does not apply to a charter school with

virtual-schooling components existing or approved prior to

April 1, 2013 or to the renewal of the charter of a charter

school with virtual-schooling components already approved

prior to April 1, 2013.

(c) A charter school shall be administered and governed by

its board of directors or other governing body in the manner

provided in its charter. The governing body of a charter

school shall be subject to the Freedom of Information Act and

the Open Meetings Act. No later than January 1, 2021 (one year

after the effective date of Public Act 101-291), a charter

school's board of directors or other governing body must

include at least one parent or guardian of a pupil currently

enrolled in the charter school who may be selected through the

charter school or a charter network election, appointment by

the charter school's board of directors or other governing

body, or by the charter school's Parent Teacher Organization

or its equivalent.

(c-5) No later than January 1, 2021 (one year after the

effective date of Public Act 101-291) or within the first year

of his or her first term, every voting member of a charter

school's board of directors or other governing body shall

complete a minimum of 4 hours of professional development

leadership training to ensure that each member has sufficient

familiarity with the board's or governing body's role and

responsibilities, including financial oversight and

accountability of the school, evaluating the principal's and

school's performance, adherence to the Freedom of Information

Act and the Open Meetings Act, and compliance with education

and labor law. In each subsequent year of his or her term, a

voting member of a charter school's board of directors or

other governing body shall complete a minimum of 2 hours of

professional development training in these same areas. The

training under this subsection may be provided or certified by

a statewide charter school membership association or may be

provided or certified by other qualified providers approved by

the State Board of Education.

(d) For purposes of this subsection (d), "non-curricular

health and safety requirement" means any health and safety

requirement created by statute or rule to provide, maintain,

preserve, or safeguard safe or healthful conditions for

students and school personnel or to eliminate, reduce, or

prevent threats to the health and safety of students and

school personnel. "Non-curricular health and safety

requirement" does not include any course of study or

specialized instructional requirement for which the State

Board has established goals and learning standards or which is

designed primarily to impart knowledge and skills for students

to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular

health and safety requirements applicable to public schools

under the laws of the State of Illinois. On or before September

1, 2015, the State Board shall promulgate and post on its

Internet website a list of non-curricular health and safety

requirements that a charter school must meet. The list shall

be updated annually no later than September 1. Any charter

contract between a charter school and its authorizer must

contain a provision that requires the charter school to follow

the list of all non-curricular health and safety requirements

promulgated by the State Board and any non-curricular health

and safety requirements added by the State Board to such list

during the term of the charter. Nothing in this subsection (d)

precludes an authorizer from including non-curricular health

and safety requirements in a charter school contract that are

not contained in the list promulgated by the State Board,

including non-curricular health and safety requirements of the

authorizing local school board.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs, including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. The contractor shall not be an employee of the charter

school or affiliated with the charter school or its authorizer

in any way, other than to audit the charter school's finances.

To ensure financial accountability for the use of public

funds, on or before December 1 of every year of operation, each

charter school shall submit to its authorizer and the State

Board a copy of its audit and a copy of the Form 990 the

charter school filed that year with the federal Internal

Revenue Service. In addition, if deemed necessary for proper

financial oversight of the charter school, an authorizer may

require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, the Illinois Educational Labor Relations Act,

all federal and State laws and rules applicable to public

schools that pertain to special education and the instruction

of English learners, and its charter. A charter school is

exempt from all other State laws and regulations in this Code

governing public schools and local school board policies;

however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code

regarding criminal history records checks and checks of

the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database of applicants

for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and

subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school

report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying

prevention;

(10) Section 2-3.162 of this Code regarding student

discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Sections 22-90 and 26-18 of this Code;

(15) Section 22-30 of this Code;

(16) Sections 24-12 and 34-85 of this Code;

(17) the Seizure Smart School Act;

(18) Section 2-3.64a-10 of this Code;

(19) Sections 10-20.73 and 34-21.9 of this Code;

(20) Section 10-22.25b of this Code;

(21) Section 27-9.1a of this Code;

(22) Section 27-9.1b of this Code;

(23) Section 34-18.8 of this Code; and

(25) Section 2-3.188 of this Code;

(26) Section 22-85.5 of this Code;

(27) subsections Subsections (d-10), (d-15), and

(d-20) of Section 10-20.56 of this Code; and

(28) Sections 10-20.83 and 34-18.78 of this Code; .

(29) (27) Section 10-20.13 of this Code;

(30) (28) Section 28-19.2 of this Code; and

(31) (29) Section 34-21.6 of this Code; and .

(32) (25) Section 22-85.10 of this Code.

The change made by Public Act 96-104 to this subsection

(g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a

school district, the governing body of a State college or

university or public community college, or any other public or

for-profit or nonprofit private entity for: (i) the use of a

school building and grounds or any other real property or

facilities that the charter school desires to use or convert

for use as a charter school site, (ii) the operation and

maintenance thereof, and (iii) the provision of any service,

activity, or undertaking that the charter school is required

to perform in order to carry out the terms of its charter.

However, a charter school that is established on or after

April 16, 2003 (the effective date of Public Act 93-3) and that

operates in a city having a population exceeding 500,000 may

not contract with a for-profit entity to manage or operate the

school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and concludes at the end of

the 2004-2005 school year. Except as provided in subsection

(i) of this Section, a school district may charge a charter

school reasonable rent for the use of the district's

buildings, grounds, and facilities. Any services for which a

charter school contracts with a school district shall be

provided by the district at cost. Any services for which a

charter school contracts with a local school board or with the

governing body of a State college or university or public

community college shall be provided by the public entity at

cost.

(i) In no event shall a charter school that is established

by converting an existing school or attendance center to

charter school status be required to pay rent for space that is

deemed available, as negotiated and provided in the charter

agreement, in school district facilities. However, all other

costs for the operation and maintenance of school district

facilities that are used by the charter school shall be

subject to negotiation between the charter school and the

local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age

or grade level.

(k) If the charter school is approved by the State Board or

Commission, then the charter school is its own local education

agency.

(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;

101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,

eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.

12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,

eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)

(Text of Section after amendment by P.A. 102-466)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian,

nonreligious, non-home based, and non-profit school. A charter

school shall be organized and operated as a nonprofit

corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article

by creating a new school or by converting an existing public

school or attendance center to charter school status.

Beginning on April 16, 2003 (the effective date of Public Act

93-3), in all new applications to establish a charter school

in a city having a population exceeding 500,000, operation of

the charter school shall be limited to one campus. The changes

made to this Section by Public Act 93-3 do not apply to charter

schools existing or approved on or before April 16, 2003 (the

effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means

a cyber school where students engage in online curriculum and

instruction via the Internet and electronic communication with

their teachers at remote locations and with students

participating at different times.

From April 1, 2013 through December 31, 2016, there is a

moratorium on the establishment of charter schools with

virtual-schooling components in school districts other than a

school district organized under Article 34 of this Code. This

moratorium does not apply to a charter school with

virtual-schooling components existing or approved prior to

April 1, 2013 or to the renewal of the charter of a charter

school with virtual-schooling components already approved

prior to April 1, 2013.

(c) A charter school shall be administered and governed by

its board of directors or other governing body in the manner

provided in its charter. The governing body of a charter

school shall be subject to the Freedom of Information Act and

the Open Meetings Act. No later than January 1, 2021 (one year

after the effective date of Public Act 101-291), a charter

school's board of directors or other governing body must

include at least one parent or guardian of a pupil currently

enrolled in the charter school who may be selected through the

charter school or a charter network election, appointment by

the charter school's board of directors or other governing

body, or by the charter school's Parent Teacher Organization

or its equivalent.

(c-5) No later than January 1, 2021 (one year after the

effective date of Public Act 101-291) or within the first year

of his or her first term, every voting member of a charter

school's board of directors or other governing body shall

complete a minimum of 4 hours of professional development

leadership training to ensure that each member has sufficient

familiarity with the board's or governing body's role and

responsibilities, including financial oversight and

accountability of the school, evaluating the principal's and

school's performance, adherence to the Freedom of Information

Act and the Open Meetings Act, and compliance with education

and labor law. In each subsequent year of his or her term, a

voting member of a charter school's board of directors or

other governing body shall complete a minimum of 2 hours of

professional development training in these same areas. The

training under this subsection may be provided or certified by

a statewide charter school membership association or may be

provided or certified by other qualified providers approved by

the State Board of Education.

(d) For purposes of this subsection (d), "non-curricular

health and safety requirement" means any health and safety

requirement created by statute or rule to provide, maintain,

preserve, or safeguard safe or healthful conditions for

students and school personnel or to eliminate, reduce, or

prevent threats to the health and safety of students and

school personnel. "Non-curricular health and safety

requirement" does not include any course of study or

specialized instructional requirement for which the State

Board has established goals and learning standards or which is

designed primarily to impart knowledge and skills for students

to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular

health and safety requirements applicable to public schools

under the laws of the State of Illinois. On or before September

1, 2015, the State Board shall promulgate and post on its

Internet website a list of non-curricular health and safety

requirements that a charter school must meet. The list shall

be updated annually no later than September 1. Any charter

contract between a charter school and its authorizer must

contain a provision that requires the charter school to follow

the list of all non-curricular health and safety requirements

promulgated by the State Board and any non-curricular health

and safety requirements added by the State Board to such list

during the term of the charter. Nothing in this subsection (d)

precludes an authorizer from including non-curricular health

and safety requirements in a charter school contract that are

not contained in the list promulgated by the State Board,

including non-curricular health and safety requirements of the

authorizing local school board.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs, including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. The contractor shall not be an employee of the charter

school or affiliated with the charter school or its authorizer

in any way, other than to audit the charter school's finances.

To ensure financial accountability for the use of public

funds, on or before December 1 of every year of operation, each

charter school shall submit to its authorizer and the State

Board a copy of its audit and a copy of the Form 990 the

charter school filed that year with the federal Internal

Revenue Service. In addition, if deemed necessary for proper

financial oversight of the charter school, an authorizer may

require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, the Illinois Educational Labor Relations Act,

all federal and State laws and rules applicable to public

schools that pertain to special education and the instruction

of English learners, and its charter. A charter school is

exempt from all other State laws and regulations in this Code

governing public schools and local school board policies;

however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code

regarding criminal history records checks and checks of

the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database of applicants

for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and

subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school

report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying

prevention;

(10) Section 2-3.162 of this Code regarding student

discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Sections 22-90 and 26-18 of this Code;

(15) Section 22-30 of this Code;

(16) Sections 24-12 and 34-85 of this Code;

(17) the Seizure Smart School Act;

(18) Section 2-3.64a-10 of this Code;

(19) Sections 10-20.73 and 34-21.9 of this Code;

(20) Section 10-22.25b of this Code;

(21) Section 27-9.1a of this Code;

(22) Section 27-9.1b of this Code;

(23) Section 34-18.8 of this Code;

(24) Article 26A of this Code; and

(25) Section 2-3.188 of this Code;

(26) Section 22-85.5 of this Code;

(27) subsections Subsections (d-10), (d-15), and

(d-20) of Section 10-20.56 of this Code; and

(28) Sections 10-20.83 and 34-18.78 of this Code; .

(29) (27) Section 10-20.13 of this Code;

(30) (28) Section 28-19.2 of this Code; and

(31) (29) Section 34-21.6 of this Code; and .

(32) (25) Section 22-85.10 of this Code.

The change made by Public Act 96-104 to this subsection

(g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a

school district, the governing body of a State college or

university or public community college, or any other public or

for-profit or nonprofit private entity for: (i) the use of a

school building and grounds or any other real property or

facilities that the charter school desires to use or convert

for use as a charter school site, (ii) the operation and

maintenance thereof, and (iii) the provision of any service,

activity, or undertaking that the charter school is required

to perform in order to carry out the terms of its charter.

However, a charter school that is established on or after

April 16, 2003 (the effective date of Public Act 93-3) and that

operates in a city having a population exceeding 500,000 may

not contract with a for-profit entity to manage or operate the

school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and concludes at the end of

the 2004-2005 school year. Except as provided in subsection

(i) of this Section, a school district may charge a charter

school reasonable rent for the use of the district's

buildings, grounds, and facilities. Any services for which a

charter school contracts with a school district shall be

provided by the district at cost. Any services for which a

charter school contracts with a local school board or with the

governing body of a State college or university or public

community college shall be provided by the public entity at

cost.

(i) In no event shall a charter school that is established

by converting an existing school or attendance center to

charter school status be required to pay rent for space that is

deemed available, as negotiated and provided in the charter

agreement, in school district facilities. However, all other

costs for the operation and maintenance of school district

facilities that are used by the charter school shall be

subject to negotiation between the charter school and the

local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age

or grade level.

(k) If the charter school is approved by the State Board or

Commission, then the charter school is its own local education

agency.

(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;

101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,

eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.

8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,

eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;

revised 12-13-22.)

(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)

(Text of Section before amendment by P.A. 102-702)

Sec. 34-18.5. Criminal history records checks and checks

of the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database.

(a) Licensed and nonlicensed applicants for employment

with the school district are required as a condition of

employment to authorize a fingerprint-based criminal history

records check to determine if such applicants have been

convicted of any disqualifying, enumerated criminal or drug

offense in subsection (c) of this Section or have been

convicted, within 7 years of the application for employment

with the school district, of any other felony under the laws of

this State or of any offense committed or attempted in any

other state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State.

Authorization for the check shall be furnished by the

applicant to the school district, except that if the applicant

is a substitute teacher seeking employment in more than one

school district, or a teacher seeking concurrent part-time

employment positions with more than one school district (as a

reading specialist, special education teacher or otherwise),

or an educational support personnel employee seeking

employment positions with more than one district, any such

district may require the applicant to furnish authorization

for the check to the regional superintendent of the

educational service region in which are located the school

districts in which the applicant is seeking employment as a

substitute or concurrent part-time teacher or concurrent

educational support personnel employee. Upon receipt of this

authorization, the school district or the appropriate regional

superintendent, as the case may be, shall submit the

applicant's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois State Police, to the Illinois State

Police. The regional superintendent submitting the requisite

information to the Illinois State Police shall promptly notify

the school districts in which the applicant is seeking

employment as a substitute or concurrent part-time teacher or

concurrent educational support personnel employee that the

check of the applicant has been requested. The Illinois State

Police and the Federal Bureau of Investigation shall furnish,

pursuant to a fingerprint-based criminal history records

check, records of convictions, forever and hereinafter, until

expunged, to the president of the school board for the school

district that requested the check, or to the regional

superintendent who requested the check. The Illinois State

Police shall charge the school district or the appropriate

regional superintendent a fee for conducting such check, which

fee shall be deposited in the State Police Services Fund and

shall not exceed the cost of the inquiry; and the applicant

shall not be charged a fee for such check by the school

district or by the regional superintendent. Subject to

appropriations for these purposes, the State Superintendent of

Education shall reimburse the school district and regional

superintendent for fees paid to obtain criminal history

records checks under this Section.

(a-5) The school district or regional superintendent shall

further perform a check of the Statewide Sex Offender

Database, as authorized by the Sex Offender Community

Notification Law, for each applicant. The check of the

Statewide Sex Offender Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(a-6) The school district or regional superintendent shall

further perform a check of the Statewide Murderer and Violent

Offender Against Youth Database, as authorized by the Murderer

and Violent Offender Against Youth Community Notification Law,

for each applicant. The check of the Murderer and Violent

Offender Against Youth Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(b) Any information concerning the record of convictions

obtained by the president of the board of education or the

regional superintendent shall be confidential and may only be

transmitted to the general superintendent of the school

district or his designee, the appropriate regional

superintendent if the check was requested by the board of

education for the school district, the presidents of the

appropriate board of education or school boards if the check

was requested from the Illinois State Police by the regional

superintendent, the State Board of Education and the school

district as authorized under subsection (b-5), the State

Superintendent of Education, the State Educator Preparation

and Licensure Board or any other person necessary to the

decision of hiring the applicant for employment. A copy of the

record of convictions obtained from the Illinois State Police

shall be provided to the applicant for employment. Upon the

check of the Statewide Sex Offender Database or Statewide

Murderer and Violent Offender Against Youth Database, the

school district or regional superintendent shall notify an

applicant as to whether or not the applicant has been

identified in the Database. If a check of an applicant for

employment as a substitute or concurrent part-time teacher or

concurrent educational support personnel employee in more than

one school district was requested by the regional

superintendent, and the Illinois State Police upon a check

ascertains that the applicant has not been convicted of any of

the enumerated criminal or drug offenses in subsection (c) of

this Section or has not been convicted, within 7 years of the

application for employment with the school district, of any

other felony under the laws of this State or of any offense

committed or attempted in any other state or against the laws

of the United States that, if committed or attempted in this

State, would have been punishable as a felony under the laws of

this State and so notifies the regional superintendent and if

the regional superintendent upon a check ascertains that the

applicant has not been identified in the Sex Offender Database

or Statewide Murderer and Violent Offender Against Youth

Database, then the regional superintendent shall issue to the

applicant a certificate evidencing that as of the date

specified by the Illinois State Police the applicant has not

been convicted of any of the enumerated criminal or drug

offenses in subsection (c) of this Section or has not been

convicted, within 7 years of the application for employment

with the school district, of any other felony under the laws of

this State or of any offense committed or attempted in any

other state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State and

evidencing that as of the date that the regional

superintendent conducted a check of the Statewide Sex Offender

Database or Statewide Murderer and Violent Offender Against

Youth Database, the applicant has not been identified in the

Database. The school board of any school district may rely on

the certificate issued by any regional superintendent to that

substitute teacher, concurrent part-time teacher, or

concurrent educational support personnel employee or may

initiate its own criminal history records check of the

applicant through the Illinois State Police and its own check

of the Statewide Sex Offender Database or Statewide Murderer

and Violent Offender Against Youth Database as provided in

this Section. Any unauthorized release of confidential

information may be a violation of Section 7 of the Criminal

Identification Act.

(b-5) If a criminal history records check or check of the

Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database is performed by a

regional superintendent for an applicant seeking employment as

a substitute teacher with the school district, the regional

superintendent may disclose to the State Board of Education

whether the applicant has been issued a certificate under

subsection (b) based on those checks. If the State Board

receives information on an applicant under this subsection,

then it must indicate in the Educator Licensure Information

System for a 90-day period that the applicant has been issued

or has not been issued a certificate.

(c) The board of education shall not knowingly employ a

person who has been convicted of any offense that would

subject him or her to license suspension or revocation

pursuant to Section 21B-80 of this Code, except as provided

under subsection (b) of 21B-80. Further, the board of

education shall not knowingly employ a person who has been

found to be the perpetrator of sexual or physical abuse of any

minor under 18 years of age pursuant to proceedings under

Article II of the Juvenile Court Act of 1987. As a condition of

employment, the board of education must consider the status of

a person who has been issued an indicated finding of abuse or

neglect of a child by the Department of Children and Family

Services under the Abused and Neglected Child Reporting Act or

by a child welfare agency of another jurisdiction.

(d) The board of education shall not knowingly employ a

person for whom a criminal history records check and a

Statewide Sex Offender Database check have not been initiated.

(e) Within 10 days after the general superintendent of

schools, a regional office of education, or an entity that

provides background checks of license holders to public

schools receives information of a pending criminal charge

against a license holder for an offense set forth in Section

21B-80 of this Code, the superintendent, regional office of

education, or entity must notify the State Superintendent of

Education of the pending criminal charge.

No later than 15 business days after receipt of a record of

conviction or of checking the Statewide Murderer and Violent

Offender Against Youth Database or the Statewide Sex Offender

Database and finding a registration, the general

superintendent of schools or the applicable regional

superintendent shall, in writing, notify the State

Superintendent of Education of any license holder who has been

convicted of a crime set forth in Section 21B-80 of this Code.

Upon receipt of the record of a conviction of or a finding of

child abuse by a holder of any license issued pursuant to

Article 21B or Section 34-8.1 of this Code, the State

Superintendent of Education may initiate licensure suspension

and revocation proceedings as authorized by law. If the

receipt of the record of conviction or finding of child abuse

is received within 6 months after the initial grant of or

renewal of a license, the State Superintendent of Education

may rescind the license holder's license.

(e-5) The general superintendent of schools shall, in

writing, notify the State Superintendent of Education of any

license holder whom he or she has reasonable cause to believe

has committed an intentional act of abuse or neglect with the

result of making a child an abused child or a neglected child,

as defined in Section 3 of the Abused and Neglected Child

Reporting Act, and that act resulted in the license holder's

dismissal or resignation from the school district and must

include the Illinois Educator Identification Number (IEIN) of

the license holder and a brief description of the misconduct

alleged. This notification must be submitted within 30 days

after the dismissal or resignation. The license holder must

also be contemporaneously sent a copy of the notice by the

superintendent. All correspondence, documentation, and other

information so received by the State Superintendent of

Education, the State Board of Education, or the State Educator

Preparation and Licensure Board under this subsection (e-5) is

confidential and must not be disclosed to third parties,

except (i) as necessary for the State Superintendent of

Education or his or her designee to investigate and prosecute

pursuant to Article 21B of this Code, (ii) pursuant to a court

order, (iii) for disclosure to the license holder or his or her

representative, or (iv) as otherwise provided in this Article

and provided that any such information admitted into evidence

in a hearing is exempt from this confidentiality and

non-disclosure requirement. Except for an act of willful or

wanton misconduct, any superintendent who provides

notification as required in this subsection (e-5) shall have

immunity from any liability, whether civil or criminal or that

otherwise might result by reason of such action.

(f) After March 19, 1990, the provisions of this Section

shall apply to all employees of persons or firms holding

contracts with any school district including, but not limited

to, food service workers, school bus drivers and other

transportation employees, who have direct, daily contact with

the pupils of any school in such district. For purposes of

criminal history records checks and checks of the Statewide

Sex Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to

more than one school district, the regional superintendent of

the educational service region in which the contracting school

districts are located may, at the request of any such school

district, be responsible for receiving the authorization for a

criminal history records check prepared by each such employee

and submitting the same to the Illinois State Police and for

conducting a check of the Statewide Sex Offender Database for

each employee. Any information concerning the record of

conviction and identification as a sex offender of any such

employee obtained by the regional superintendent shall be

promptly reported to the president of the appropriate school

board or school boards.

(f-5) Upon request of a school or school district, any

information obtained by the school district pursuant to

subsection (f) of this Section within the last year must be

made available to the requesting school or school district.

(g) Prior to the commencement of any student teaching

experience or required internship (which is referred to as

student teaching in this Section) in the public schools, a

student teacher is required to authorize a fingerprint-based

criminal history records check. Authorization for and payment

of the costs of the check must be furnished by the student

teacher to the school district. Upon receipt of this

authorization and payment, the school district shall submit

the student teacher's name, sex, race, date of birth, social

security number, fingerprint images, and other identifiers, as

prescribed by the Illinois State Police, to the Illinois State

Police. The Illinois State Police and the Federal Bureau of

Investigation shall furnish, pursuant to a fingerprint-based

criminal history records check, records of convictions,

forever and hereinafter, until expunged, to the president of

the board. The Illinois State Police shall charge the school

district a fee for conducting the check, which fee must not

exceed the cost of the inquiry and must be deposited into the

State Police Services Fund. The school district shall further

perform a check of the Statewide Sex Offender Database, as

authorized by the Sex Offender Community Notification Law, and

of the Statewide Murderer and Violent Offender Against Youth

Database, as authorized by the Murderer and Violent Offender

Against Youth Registration Act, for each student teacher. The

board may not knowingly allow a person to student teach for

whom a criminal history records check, a Statewide Sex

Offender Database check, and a Statewide Murderer and Violent

Offender Against Youth Database check have not been completed

and reviewed by the district.

A copy of the record of convictions obtained from the

Illinois State Police must be provided to the student teacher.

Any information concerning the record of convictions obtained

by the president of the board is confidential and may only be

transmitted to the general superintendent of schools or his or

her designee, the State Superintendent of Education, the State

Educator Preparation and Licensure Board, or, for

clarification purposes, the Illinois State Police or the

Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database. Any unauthorized

release of confidential information may be a violation of

Section 7 of the Criminal Identification Act.

The board may not knowingly allow a person to student

teach who has been convicted of any offense that would subject

him or her to license suspension or revocation pursuant to

subsection (c) of Section 21B-80 of this Code, except as

provided under subsection (b) of Section 21B-80. Further, the

board may not allow a person to student teach if he or she has

been found to be the perpetrator of sexual or physical abuse of

a minor under 18 years of age pursuant to proceedings under

Article II of the Juvenile Court Act of 1987. The board must

consider the status of a person to student teach who has been

issued an indicated finding of abuse or neglect of a child by

the Department of Children and Family Services under the

Abused and Neglected Child Reporting Act or by a child welfare

agency of another jurisdiction.

(h) (Blank).

(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;

101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.

1-1-22; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22;

102-1071, eff. 6-10-22.)

(Text of Section after amendment by P.A. 102-702)

Sec. 34-18.5. Criminal history records checks and checks

of the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database.

(a) Licensed and nonlicensed applicants for employment

with the school district are required as a condition of

employment to authorize a fingerprint-based criminal history

records check to determine if such applicants have been

convicted of any disqualifying, enumerated criminal or drug

offense in subsection (c) of this Section or have been

convicted, within 7 years of the application for employment

with the school district, of any other felony under the laws of

this State or of any offense committed or attempted in any

other state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State.

Authorization for the check shall be furnished by the

applicant to the school district, except that if the applicant

is a substitute teacher seeking employment in more than one

school district, or a teacher seeking concurrent part-time

employment positions with more than one school district (as a

reading specialist, special education teacher or otherwise),

or an educational support personnel employee seeking

employment positions with more than one district, any such

district may require the applicant to furnish authorization

for the check to the regional superintendent of the

educational service region in which are located the school

districts in which the applicant is seeking employment as a

substitute or concurrent part-time teacher or concurrent

educational support personnel employee. Upon receipt of this

authorization, the school district or the appropriate regional

superintendent, as the case may be, shall submit the

applicant's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois State Police, to the Illinois State

Police. The regional superintendent submitting the requisite

information to the Illinois State Police shall promptly notify

the school districts in which the applicant is seeking

employment as a substitute or concurrent part-time teacher or

concurrent educational support personnel employee that the

check of the applicant has been requested. The Illinois State

Police and the Federal Bureau of Investigation shall furnish,

pursuant to a fingerprint-based criminal history records

check, records of convictions, forever and hereinafter, until

expunged, to the president of the school board for the school

district that requested the check, or to the regional

superintendent who requested the check. The Illinois State

Police shall charge the school district or the appropriate

regional superintendent a fee for conducting such check, which

fee shall be deposited in the State Police Services Fund and

shall not exceed the cost of the inquiry; and the applicant

shall not be charged a fee for such check by the school

district or by the regional superintendent. Subject to

appropriations for these purposes, the State Superintendent of

Education shall reimburse the school district and regional

superintendent for fees paid to obtain criminal history

records checks under this Section.

(a-5) The school district or regional superintendent shall

further perform a check of the Statewide Sex Offender

Database, as authorized by the Sex Offender Community

Notification Law, for each applicant. The check of the

Statewide Sex Offender Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(a-6) The school district or regional superintendent shall

further perform a check of the Statewide Murderer and Violent

Offender Against Youth Database, as authorized by the Murderer

and Violent Offender Against Youth Community Notification Law,

for each applicant. The check of the Murderer and Violent

Offender Against Youth Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(b) Any information concerning the record of convictions

obtained by the president of the board of education or the

regional superintendent shall be confidential and may only be

transmitted to the general superintendent of the school

district or his designee, the appropriate regional

superintendent if the check was requested by the board of

education for the school district, the presidents of the

appropriate board of education or school boards if the check

was requested from the Illinois State Police by the regional

superintendent, the State Board of Education and the school

district as authorized under subsection (b-5), the State

Superintendent of Education, the State Educator Preparation

and Licensure Board or any other person necessary to the

decision of hiring the applicant for employment. A copy of the

record of convictions obtained from the Illinois State Police

shall be provided to the applicant for employment. Upon the

check of the Statewide Sex Offender Database or Statewide

Murderer and Violent Offender Against Youth Database, the

school district or regional superintendent shall notify an

applicant as to whether or not the applicant has been

identified in the Database. If a check of an applicant for

employment as a substitute or concurrent part-time teacher or

concurrent educational support personnel employee in more than

one school district was requested by the regional

superintendent, and the Illinois State Police upon a check

ascertains that the applicant has not been convicted of any of

the enumerated criminal or drug offenses in subsection (c) of

this Section or has not been convicted, within 7 years of the

application for employment with the school district, of any

other felony under the laws of this State or of any offense

committed or attempted in any other state or against the laws

of the United States that, if committed or attempted in this

State, would have been punishable as a felony under the laws of

this State and so notifies the regional superintendent and if

the regional superintendent upon a check ascertains that the

applicant has not been identified in the Sex Offender Database

or Statewide Murderer and Violent Offender Against Youth

Database, then the regional superintendent shall issue to the

applicant a certificate evidencing that as of the date

specified by the Illinois State Police the applicant has not

been convicted of any of the enumerated criminal or drug

offenses in subsection (c) of this Section or has not been

convicted, within 7 years of the application for employment

with the school district, of any other felony under the laws of

this State or of any offense committed or attempted in any

other state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State and

evidencing that as of the date that the regional

superintendent conducted a check of the Statewide Sex Offender

Database or Statewide Murderer and Violent Offender Against

Youth Database, the applicant has not been identified in the

Database. The school board of any school district may rely on

the certificate issued by any regional superintendent to that

substitute teacher, concurrent part-time teacher, or

concurrent educational support personnel employee or may

initiate its own criminal history records check of the

applicant through the Illinois State Police and its own check

of the Statewide Sex Offender Database or Statewide Murderer

and Violent Offender Against Youth Database as provided in

this Section. Any unauthorized release of confidential

information may be a violation of Section 7 of the Criminal

Identification Act.

(b-5) If a criminal history records check or check of the

Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database is performed by a

regional superintendent for an applicant seeking employment as

a substitute teacher with the school district, the regional

superintendent may disclose to the State Board of Education

whether the applicant has been issued a certificate under

subsection (b) based on those checks. If the State Board

receives information on an applicant under this subsection,

then it must indicate in the Educator Licensure Information

System for a 90-day period that the applicant has been issued

or has not been issued a certificate.

(c) The board of education shall not knowingly employ a

person who has been convicted of any offense that would

subject him or her to license suspension or revocation

pursuant to Section 21B-80 of this Code, except as provided

under subsection (b) of 21B-80. Further, the board of

education shall not knowingly employ a person who has been

found to be the perpetrator of sexual or physical abuse of any

minor under 18 years of age pursuant to proceedings under

Article II of the Juvenile Court Act of 1987. As a condition of

employment, the board of education must consider the status of

a person who has been issued an indicated finding of abuse or

neglect of a child by the Department of Children and Family

Services under the Abused and Neglected Child Reporting Act or

by a child welfare agency of another jurisdiction.

(d) The board of education shall not knowingly employ a

person for whom a criminal history records check and a

Statewide Sex Offender Database check have not been initiated.

(e) Within 10 days after the general superintendent of

schools, a regional office of education, or an entity that

provides background checks of license holders to public

schools receives information of a pending criminal charge

against a license holder for an offense set forth in Section

21B-80 of this Code, the superintendent, regional office of

education, or entity must notify the State Superintendent of

Education of the pending criminal charge.

No later than 15 business days after receipt of a record of

conviction or of checking the Statewide Murderer and Violent

Offender Against Youth Database or the Statewide Sex Offender

Database and finding a registration, the general

superintendent of schools or the applicable regional

superintendent shall, in writing, notify the State

Superintendent of Education of any license holder who has been

convicted of a crime set forth in Section 21B-80 of this Code.

Upon receipt of the record of a conviction of or a finding of

child abuse by a holder of any license issued pursuant to

Article 21B or Section 34-8.1 of this Code, the State

Superintendent of Education may initiate licensure suspension

and revocation proceedings as authorized by law. If the

receipt of the record of conviction or finding of child abuse

is received within 6 months after the initial grant of or

renewal of a license, the State Superintendent of Education

may rescind the license holder's license.

(e-5) The general superintendent of schools shall, in

writing, notify the State Superintendent of Education of any

license holder whom he or she has reasonable cause to believe

has committed (i) an intentional act of abuse or neglect with

the result of making a child an abused child or a neglected

child, as defined in Section 3 of the Abused and Neglected

Child Reporting Act or (ii) an act of sexual misconduct, as

defined in Section 22-85.5 of this Code, and that act resulted

in the license holder's dismissal or resignation from the

school district and must include the Illinois Educator

Identification Number (IEIN) of the license holder and a brief

description of the misconduct alleged. This notification must

be submitted within 30 days after the dismissal or

resignation. The license holder must also be contemporaneously

sent a copy of the notice by the superintendent. All

correspondence, documentation, and other information so

received by the State Superintendent of Education, the State

Board of Education, or the State Educator Preparation and

Licensure Board under this subsection (e-5) is confidential

and must not be disclosed to third parties, except (i) as

necessary for the State Superintendent of Education or his or

her designee to investigate and prosecute pursuant to Article

21B of this Code, (ii) pursuant to a court order, (iii) for

disclosure to the license holder or his or her representative,

or (iv) as otherwise provided in this Article and provided

that any such information admitted into evidence in a hearing

is exempt from this confidentiality and non-disclosure

requirement. Except for an act of willful or wanton

misconduct, any superintendent who provides notification as

required in this subsection (e-5) shall have immunity from any

liability, whether civil or criminal or that otherwise might

result by reason of such action.

(f) After March 19, 1990, the provisions of this Section

shall apply to all employees of persons or firms holding

contracts with any school district including, but not limited

to, food service workers, school bus drivers and other

transportation employees, who have direct, daily contact with

the pupils of any school in such district. For purposes of

criminal history records checks and checks of the Statewide

Sex Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to

more than one school district, the regional superintendent of

the educational service region in which the contracting school

districts are located may, at the request of any such school

district, be responsible for receiving the authorization for a

criminal history records check prepared by each such employee

and submitting the same to the Illinois State Police and for

conducting a check of the Statewide Sex Offender Database for

each employee. Any information concerning the record of

conviction and identification as a sex offender of any such

employee obtained by the regional superintendent shall be

promptly reported to the president of the appropriate school

board or school boards.

(f-5) Upon request of a school or school district, any

information obtained by the school district pursuant to

subsection (f) of this Section within the last year must be

made available to the requesting school or school district.

(g) Prior to the commencement of any student teaching

experience or required internship (which is referred to as

student teaching in this Section) in the public schools, a

student teacher is required to authorize a fingerprint-based

criminal history records check. Authorization for and payment

of the costs of the check must be furnished by the student

teacher to the school district. Upon receipt of this

authorization and payment, the school district shall submit

the student teacher's name, sex, race, date of birth, social

security number, fingerprint images, and other identifiers, as

prescribed by the Illinois State Police, to the Illinois State

Police. The Illinois State Police and the Federal Bureau of

Investigation shall furnish, pursuant to a fingerprint-based

criminal history records check, records of convictions,

forever and hereinafter, until expunged, to the president of

the board. The Illinois State Police shall charge the school

district a fee for conducting the check, which fee must not

exceed the cost of the inquiry and must be deposited into the

State Police Services Fund. The school district shall further

perform a check of the Statewide Sex Offender Database, as

authorized by the Sex Offender Community Notification Law, and

of the Statewide Murderer and Violent Offender Against Youth

Database, as authorized by the Murderer and Violent Offender

Against Youth Registration Act, for each student teacher. The

board may not knowingly allow a person to student teach for

whom a criminal history records check, a Statewide Sex

Offender Database check, and a Statewide Murderer and Violent

Offender Against Youth Database check have not been completed

and reviewed by the district.

A copy of the record of convictions obtained from the

Illinois State Police must be provided to the student teacher.

Any information concerning the record of convictions obtained

by the president of the board is confidential and may only be

transmitted to the general superintendent of schools or his or

her designee, the State Superintendent of Education, the State

Educator Preparation and Licensure Board, or, for

clarification purposes, the Illinois State Police or the

Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database. Any unauthorized

release of confidential information may be a violation of

Section 7 of the Criminal Identification Act.

The board may not knowingly allow a person to student

teach who has been convicted of any offense that would subject

him or her to license suspension or revocation pursuant to

subsection (c) of Section 21B-80 of this Code, except as

provided under subsection (b) of Section 21B-80. Further, the

board may not allow a person to student teach if he or she has

been found to be the perpetrator of sexual or physical abuse of

a minor under 18 years of age pursuant to proceedings under

Article II of the Juvenile Court Act of 1987. The board must

consider the status of a person to student teach who has been

issued an indicated finding of abuse or neglect of a child by

the Department of Children and Family Services under the

Abused and Neglected Child Reporting Act or by a child welfare

agency of another jurisdiction.

(h) (Blank).

(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;

101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.

1-1-22; 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894,

eff. 5-20-22; 102-1071, eff. 6-10-22; revised 8-17-22.)

(105 ILCS 5/34-18.78)

Sec. 34-18.78. COVID-19 paid administrative leave.

(a) In this Section:

"Employee" means a person employed by the school district

on or after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

"Fully vaccinated against COVID-19" means:

(1) 2 weeks after receiving the second dose in a

2-dose series of a COVID-19 vaccine authorized for

emergency use, licensed, or otherwise approved by the

United States Food and Drug Administration; or

(2) 2 weeks after receiving a single dose of a

COVID-19 vaccine authorized for emergency use, licensed,

or otherwise approved by the United States Food and Drug

Administration.

"Fully vaccinated against COVID-19" also includes any

recommended booster doses for which the individual is eligible

upon the adoption by the Department of Public Health of any

changes made by the Centers for Disease Control and Prevention

of the United States Department of Health and Human Services

to the definition of "fully vaccinated against COVID-19" to

include any such booster doses. For purposes of this Section,

individuals who are eligible for a booster dose but have not

received a booster dose by 5 weeks after the Department of

Public Health adopts a revised definition of "fully vaccinated

against COVID-19" are not considered fully vaccinated for

determining eligibility for future paid administrative leave

pursuant to this Section.

"School district" includes charter schools established

under Article 27A of this Code.

(b) During any time when the Governor has declared a

disaster due to a public health emergency pursuant to Section

7 of the Illinois Emergency Management Agency Act and the

school district, the State or any of its agencies, or a local

public health department has issued guidance, mandates, or

rules related to COVID-19 that restrict an employee of the

school district from being on school district property because

the employee (i) has a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as a

polymerase chain reaction (PCR) test for COVID-19, (ii) has a

probable COVID-19 diagnosis via an antigen diagnostic test,

(iii) has been in close contact with a person who had a

confirmed case of COVID-19 and is required to be excluded from

the school, or (iv) is required by the school or school

district policy to be excluded from school district property

due to COVID-19 symptoms, the employee of the school district

shall receive as many days of administrative leave as required

to abide by the public health guidance, mandates, and

requirements issued by the Department of Public Health, unless

a longer period of paid administrative leave has been

negotiated with the exclusive bargaining representative. Such

leave shall be provided to an employee for any days for which

the employee was required to be excluded from school property

prior to April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly,

provided that the employee receives all doses required to meet

the definition of "fully vaccinated against COVID-19" under

this Section no later than 5 weeks after April 5, 2022 (the

effective date of Public Act 102-697) this amendatory Act of

the 102nd General Assembly.

(c) An employee of the school district shall receive paid

administrative leave pursuant to subsection (b) of this

Section, unless a longer period of paid administrative leave

has been negotiated with the exclusive bargaining

representative, to care for a child of the employee if the

child is unable to attend elementary or secondary school

because the child has:

(1) a confirmed positive COVID-19 diagnosis via a

molecular amplification diagnostic test, such as a

polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen

diagnostic test;

(3) been in close contact with a person who has a

confirmed case of COVID-19 and is required to be excluded

from school; or

(4) been required by the school or school district

policy to be excluded from school district property due to

COVID-19 symptoms.

Such leave shall be provided to an employee for any days needed

to care for a child of the employee prior to April 5, 2022 (the

effective date of Public Act 102-697) this amendatory Act of

the 102nd General Assembly, provided that the employee

receives the doses required to meet the definition of "fully

vaccinated against COVID-19" under this Section no later than

5 weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

(d) An employee of the school district who is on paid

administrative leave pursuant to this Section must provide all

documentation requested by the board.

(e) An employee of the school district who is on paid

administrative leave pursuant to this Section shall receive

the employee's regular rate of pay. The use of a paid

administrative leave day or days by an employee pursuant to

this Section may not diminish any other leave or benefits of

the employee.

(f) An employee of the school district may not accrue paid

administrative leave pursuant to this Section.

(g) For an employee of the school district to be eligible

to receive paid administrative leave pursuant to this Section,

the employee must:

(1) have received all required doses to be fully

vaccinated against COVID-19, as defined in this Section;

and

(2) participate in the COVID-19 testing program

adopted by the school district to the extent such a

testing program requires participation by individuals who

are fully vaccinated against COVID-19.

(h) Nothing in this Section is intended to affect any

right or remedy under federal law.

(i) No paid administrative leave awarded to or used by a

fully vaccinated employee prior to the Department of Public

Health's adoption of a revised definition of the term "fully

vaccinated against COVID-19" may be rescinded on the basis

that the employee no longer meets the definition of "fully

vaccinated against COVID-19" based on the revised definition.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-3-22.)

(105 ILCS 5/34-18.79)

Sec. 34-18.79 34-18.78. Sick leave; mental or behavioral

health complications. In addition to any interpretation or

definition included in a collective bargaining agreement or

board of education or district policy, sick leave, or its

equivalent, to which a teacher or other eligible employee is

entitled shall be interpreted to include mental or behavioral

health complications. Unless contrary to a collective

bargaining agreement or board of education or district policy,

the board may require a certificate from a mental health

professional licensed in Illinois providing ongoing care or

treatment to the teacher or employee as a basis for pay during

leave after an absence of 3 days for mental or behavioral

health complications.

(Source: P.A. 102-866, eff. 5-13-22; revised 8-3-22.)

(105 ILCS 5/34-18.80)

Sec. 34-18.80 34-18.78. College and career readiness

systems.

(a) Subject to subsection (c) of this Section, by July 1,

2024, the school district shall adopt and commence

implementation of a postsecondary and career expectations

framework for each of grades 6 through 12 that substantially

aligns to the model framework adopted by State agencies

pursuant to Section 15 of the Postsecondary and Workforce

Readiness Act. The local postsecondary and career expectations

framework shall be available on a prominent location on the

school district's website.

The career exploration and career development activities

offered in alignment with the postsecondary and career

expectations framework shall prepare students enrolled in

grades 6 through 12 to make informed plans and decisions about

their future education and career goals, including possible

participation in a career and technical education pathway, by

providing students with opportunities to explore a wide

variety of high-skill, high-wage, and in-demand career fields.

(b) Subject to subsection (c) of this Section, the school

district shall become an eligible school district and award

College and Career Pathway Endorsements pursuant to the

Postsecondary and Workforce Readiness Act and pursuant to the

following schedule:

(1) for the high school graduating class of 2026, the

school district shall offer College and Career Pathway

Endorsements in at least one endorsement area;

(2) for the high school graduating class of 2028, the

school district shall offer College and Career Pathway

Endorsements in at least 2 endorsement areas; and

(3) for the high school graduating class of 2030, the

school district shall offer College and Career Pathway

Endorsements in at least 3 endorsement areas.

(c) The board may, by action of the board, opt out of

implementation of all or any part of this Section through

adoption of a set of findings that considers the following:

(1) the school district's current systems for college

and career readiness;

(2) the school district's cost of implementation

balanced against the potential benefits to students and

families through improved postsecondary education and

career outcomes;

(3) the willingness and capacity of local businesses

to partner with the school district for successful

implementation of pathways other than education;

(4) the availability of a statewide database of

participating local business partners, as provided under

the Postsecondary and Workforce Readiness Act, for the

purpose of career readiness and the accessibility of those

work experiences and apprenticeships listed in the

database to the students of the school district; and

(5) the availability of properly licensed teachers or

teachers meeting faculty credential standards for dual

credit courses to instruct in the program required for the

endorsement areas.

The school district must report its board findings and

decision on implementation to the State Board of Education. If

the school district elects to opt out of implementation, the

district may reverse its decision in whole or in part at any

time.

(d) The State Board of Education may adopt any rules

necessary to implement this Section.

(Source: P.A. 102-917, eff. 1-1-23; revised 1-10-23.)

(105 ILCS 5/34-18.81)

Sec. 34-18.81 34-18.78. Pilot program for remote learning

for students in the custody of the Department of Corrections.

The board may offer the option of remote learning to allow a

student who is in the custody of the Department of Corrections

to successfully complete the course requirements necessary to

graduate from high school and receive a high school diploma.

The school district may offer a remote learning option to a

student if the student:

(1) is enrolled at Consuella B. York Alternative High

School at the time the student is transferred to a

Department of Corrections facility or institution or had

been enrolled at Consuella B. York Alternative High School

within the 6 months prior to being transferred to a

Department of Corrections facility or institution; and

(2) is within 2 school years of completing all of the

course requirements necessary to graduate from high school

and receive a high school diploma.

The Department of Corrections educators and security staff

shall be involved in assisting and supervising students

participating in the pilot program. The Department of

Corrections shall negotiate with all bargaining units involved

to ensure that the implementation of the pilot program is

consistent with collective bargaining agreements.

The school district may continue to offer the option of

remote learning to the student for up to one school year

following the student's release from the custody of the

Department of Corrections to allow the student to complete any

remaining course requirements necessary to graduate from high

school and receive a high school diploma.

The establishment of the pilot program described in this

Section is contingent upon there being provided to the

Department of Corrections sufficient appropriations to

implement and administer the program.

(Source: P.A. 102-966, eff. 5-27-22; revised 8-3-22.)

(105 ILCS 5/34-21.6) (from Ch. 122, par. 34-21.6)

Sec. 34-21.6. Waiver of fees and fines.

(a) The board shall waive all fees and any fines for the

loss of school property assessed by the district on children

whose parents are unable to afford them, including but not

limited to:

(1) children living in households that meet the free

lunch or breakfast eligibility guidelines established by

the federal government pursuant to Section 1758 of the

federal Richard B. Russell National School Lunch Act (42

U.S.C. 1758; 7 CFR C.F.R. 245 et seq.) and students whose

parents are veterans or active duty military personnel

with income at or below 200% of the federal poverty level,

subject to verification as set forth in subsection (b) of

this Section; , and

(2) homeless children and youths youth as defined in

Section 11434a of the federal McKinney-Vento Homeless

Assistance Act (42 U.S.C. 11434a).

Notice of waiver availability shall be given to parents or

guardians with every bill for fees or fines. The board shall

develop written policies and procedures implementing this

Section in accordance with regulations promulgated by the

State Board of Education.

(b) If the board participates in a federally funded,

school-based child nutrition program and uses a student's

application for, eligibility for, or participation in the

federally funded, school-based child nutrition program (42

U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving

fees assessed by the district, then the board must follow the

verification requirements of the federally funded,

school-based child nutrition program (42 U.S.C. 1758; 7 CFR

C.F.R. 245.6a).

If the board establishes a process for the determination

of eligibility for waiver of all fees assessed by the district

that is completely independent of the criteria listed in

subsection (b), the board may provide for waiver verification

no more often than once every academic year. Information

obtained during the independent waiver verification process

indicating that the student does not meet free lunch or

breakfast eligibility guidelines may be used to deny the

waiver of the student's fees or fines for the loss of school

property, provided that any information obtained through this

independent process for determining or verifying eligibility

for fee waivers shall not be used to determine or verify

eligibility for any federally funded, school-based child

nutrition program.

This subsection shall not preclude children from obtaining

waivers at any point during the academic year.

(Source: P.A. 102-805, eff. 1-1-23; 102-1032, eff. 5-27-22;

revised 12-13-22.)

Section 295. The School Safety Drill Act is amended by

changing Sections 5 and 45 as follows:

(105 ILCS 128/5)

Sec. 5. Definitions. In this Act:

"First responder" means and includes all fire departments

and districts, law enforcement agencies and officials,

emergency medical responders, emergency medical dispatchers,

and emergency management officials involved in the execution

and documentation of the drills administered under this Act.

"School" means a public or private facility that offers

elementary or secondary education to students under the age of

21, a charter school authorized by the State Board of

Education, or a special education cooperative. As used in this

definition, "public facility" means a facility operated by the

State or by a unit of local government. As used in this

definition, "private facility" means any non-profit,

non-home-based, non-public elementary or secondary school that

is in compliance with Title VI of the Civil Rights Act of 1964

and attendance at which satisfies the requirements of Section

26-1 of the School Code. While more than one school may be

housed in a facility, for purposes of this Act, the facility

shall be considered a school. When a school has more than one

location, for purposes of this Act, each different location

shall be considered its own school.

"School safety drill" means a pre-planned exercise

conducted by a school in accordance with the drills and

requirements set forth in this Act.

(Source: P.A. 102-894, eff. 5-20-22; 102-1006, eff. 1-1-23;

revised 12-13-22.)

(105 ILCS 128/45)

Sec. 45. Threat assessment procedure.

(a) Each school district must implement a threat

assessment procedure that may be part of a school board policy

on targeted school violence prevention. The procedure must

include the creation of a threat assessment team. The team

must include all of the following members:

(1) An administrator employed by the school district

or a special education cooperative that serves the school

district and is available to serve.

(2) A teacher employed by the school district or a

special education cooperative that serves the school

district and is available to serve.

(3) A school counselor employed by the school district

or a special education cooperative that serves the school

district and is available to serve.

(4) A school psychologist employed by the school

district or a special education cooperative that serves

the school district and is available to serve.

(5) A school social worker employed by the school

district or a special education cooperative that serves

the school district and is available to serve.

(6) At least one law enforcement official.

If a school district is unable to establish a threat

assessment team with school district staff and resources, it

may utilize a regional behavioral threat assessment and

intervention team that includes mental health professionals

and representatives from the State, county, and local law

enforcement agencies.

(b) A school district shall establish the threat

assessment team under this Section no later than 180 days

after August 23, 2019 (the effective date of Public Act

101-455) this amendatory Act of the 101st General Assembly and

must implement an initial threat assessment procedure no later

than 120 days after August 23, 2019 (the effective date of

Public Act 101-455) this amendatory Act of the 101st General

Assembly. Each year prior to the start of the school year, the

school board shall file the threat assessment procedure and a

list identifying the members of the school district's threat

assessment team or regional behavior threat assessment and

intervention team with (i) a local law enforcement agency and

(ii) the regional office of education or, with respect to a

school district organized under Article 34 of the School Code,

the State Board of Education.

(c) Any sharing of student information under this Section

must comply with the federal Family Educational Rights and

Privacy Act of 1974 and the Illinois School Student Records

Act.

(d) A charter school must follow the threat assessment

procedures implemented by its authorizing school district or

must implement its own threat assessment procedure that

complies with this Section.

(Source: P.A. 101-455, eff. 8-23-19; 102-791, eff. 5-13-22;

102-894, eff. 5-20-22; revised 8-25-22.)

Section 300. The School Construction Law is amended by

changing Section 5-15 as follows:

(105 ILCS 230/5-15)

Sec. 5-15. Grant award amounts and required local match.

(a) After June 30, 2022, any time there is an

appropriation of funds by the General Assembly from the School

Infrastructure Fund or School Construction Fund and a release

of the appropriated funds to the Capital Development Board for

expenditure on grant awards pursuant to the provisions of this

Article, the State Board of Education is authorized to open an

application cycle to receive grant applications from school

districts for school construction projects. No grant

application filed before the start of the first application

cycle after June 30, 2022 may be considered. After the close of

each application cycle, the State Board of Education shall

determine the approval of applications, the required local

match percentage for each approved application, and the

priority order for school construction project grants to be

made by the Capital Development Board and shall then notify

all applicants regarding their eligibility for a grant. Such

notification shall include an estimate of the required local

match. The State Board of Education shall publish a list of

applicants eligible for grants and forward it to the Capital

Development Board..

(b) The Capital Development Board, to the extent that

appropriated funds have been released and proceeding through

the list of eligible applicants in the order of priority

determined by the State Board of Education, shall issue

conditional grant awards to eligible school districts. An

applicant that does not receive a conditional grant award

notification must submit a new application during another

application cycle in order to receive future consideration for

a grant award.

(c) The conditional grant award certifies to a school

district the recognized project costs for its school

construction project determined by the Capital Development

Board, the applicable required local match percentage and

grant award percentage, the required local match and grant

award amount calculated by multiplying the required local

match percentage and the grant award percentage by the

recognized project cost, and the required local match and

grant award amount as those amounts may be adjusted as

required in subsection (d).

(d) The required local match and grant award amount are

calculated by multiplying the required local match percentage

and the grant award percentage by the recognized project cost,

provided that, only during the first application cycle after

June 30, 2022, these amounts may be adjusted if the applicant

had previously expended funds on a school construction project

on the 2004, 2005, or 2006 School Construction Grant List. In

that case, the required local match shall be reduced (but not

below zero) and the grant award amount shall be increased (to

an amount no greater than the recognized project cost) by an

amount determined by the Capital Development Board to be equal

to the amount of the grant the applicant would have received

pursuant to Section 5-35 had it been awarded a grant in 2004,

2005, or 2006 based on the 2004, 2005, or 2006 School

Construction Grant List and the year in which the school

district applied for the grant.

(e) A school district shall have 2 years from the date the

school district was issued a conditional grant award from the

Capital Development Board to obtain the school district's

required local match and receive a final grant award from the

Capital Development Board. If the required local match is not

obtained within the 2-year time frame, the school district

shall be required to reapply in another application cycle,

after the 2-year time frame, to be considered for a grant

award. The State share of the grant amount in a conditional

grant award that is not claimed by a school district within the

2-year time frame shall be reallocated to future application

cycles after the 2-year time frame expires.

(Source: P.A. 102-723, eff. 5-6-22; revised 9-2-22.)

Section 305. The Private Business and Vocational Schools

Act of 2012 is amended by changing Sections 37, 70, and 75 as

follows:

(105 ILCS 426/37)

Sec. 37. Disclosures. All schools shall make, at a

minimum, the disclosures required under this Section clearly

and conspicuously on their Internet websites. The disclosure

shall consist of a statement containing the following

information for the most recent 12-month reporting period of

July 1 through June 30:

(1) The number of students who were admitted in the

course of instruction as of July 1 of that reporting

period.

(2) Additions during the year due to:

(A) new starts;

(B) re-enrollments; and

(C) transfers into the course of instruction from

other courses of instruction at the school.

(3) The total number of students admitted during the

reporting period (the number of students reported under

paragraph (1) of this Section plus the additions reported

under subparagraphs (A), (B), and (C) of paragraph (2) of

this Section).

(4) Of the total course of instruction enrollment, the

number of students who:

(A) transferred out of the course of instruction

to another course of instruction;

(B) completed or graduated from a course of

instruction;

(C) withdrew from the school;

(D) are still enrolled.

(5) The number of students listed in paragraph (4) of

this Section who:

(A) were placed in their field of study;

(B) were placed in a related field;

(C) placed out of the field;

(D) were not available for placement due to

personal reasons;

(E) were not employed.

(6) The number of students who took a State licensing

examination or professional certification examination, if

any, during the reporting period, as well as the number

who passed.

(7) The number of graduates who obtained employment in

the field who did not use the school's placement

assistance during the reporting period; such information

may be compiled by reasonable efforts of the school to

contact graduates by written correspondence.

(8) The average starting salary for all school

graduates employed during the reporting period; such

information may be compiled by reasonable efforts of the

school to contact graduates by written correspondence.

(9) The following clear and conspicuous caption, set

forth with the address and telephone number of the Board's

office:

"COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED

WITH THE BOARD OF HIGHER EDUCATION.".

(10) If the United States Department of Education

places the school on either the Heightened Cash Monitoring

2 payment method or the reimbursement payment method, as

authorized under 34 CFR 668.162, a clear and conspicuous

disclosure that the United States Department of Education

has heightened monitoring of the school's finances and the

reason for such monitoring. Such disclosure shall be made

within 14 days of the action of the United States

Department of Education both on the school's website and

to all students and prospective students on a form

prescribed by the Board.

An alphabetical list of names, addresses, and dates of

admission by course or course of instruction and a sample copy

of the enrollment agreement employed to enroll the students

listed shall be filed with the Board's Executive Director on

an annual basis. The list shall be signed and verified by the

school's chief managing employee.

(Source: P.A. 102-1046, eff. 6-7-22; revised 9-2-22.)

(105 ILCS 426/70)

Sec. 70. Closing of a school.

(a) In the event a school proposes to discontinue its

operations, the chief administrative officer of the school

shall cause to be filed with the Board the original or legible

true copies of all such academic records of the institution as

may be specified by the Board.

(b) These records shall include, at a minimum, the

academic records of each former student that is traditionally

provided on an academic transcript, such as, but not limited

to, courses taken, terms, grades, and other such information.

(c) In the event it appears to the Board that any such

records of an institution discontinuing its operations is in

danger of being lost, hidden, destroyed, or otherwise made

unavailable to the Board, the Board may seize and take

possession of the records, on its own motion and without order

of court.

(d) The Board shall maintain or cause to be maintained a

permanent file of such records coming into its possession.

(e) As an alternative to the deposit of such records with

the Board, the institution may propose to the Board a plan for

permanent retention of the records. The plan must be put into

effect only with the approval of the Board.

(f) When a postsecondary educational institution now or

hereafter operating in this State proposes to discontinue its

operation, such institution shall cause to be created a

teach-out plan acceptable to the Board, which shall fulfill

the school's educational obligations to its students. Should

the school fail to deliver or act on the teach-out plan, the

Board is in no way responsible for providing the teach-out.

(f-5) The school shall release any institutional holds

placed on any student students record, regardless of the type

of hold placed on the student record.

(g) The school and its designated surety bonding company

are responsible for the return to students of all prepaid,

unearned tuition. As identified in Section 55 of this Act, the

surety bond must be a written agreement that provides for

monetary compensation in the event that the school fails to

fulfill its obligations. The surety bonding company shall

guarantee the return to the school's students and their

parents, guardians, or sponsors of all prepaid, unearned

tuition in the event of school closure. Should the school or

its surety bonding company fail to deliver or act to fulfill

the obligation, the Board is in no way responsible for the

repayment or any related damages or claims.

(Source: P.A. 102-1046, eff. 6-7-22; revised 9-2-22.)

(105 ILCS 426/75)

Sec. 75. Application and renewal fees. The Board may not

approve any application for a permit of approval or program of

study that has been plagiarized in part or whole and may return

any such application for a permit of approval or program of

study. Additionally, the Board may not approve any application

for a permit of approval or program of study that has not been

completed in its entirety. Fees for application and renewal

may be set by the Board by rule. Fees shall be collected for

all of the following:

(1) An original school application for a permit of

approval.

(2) An initial school application for a permit of

approval upon occurrence of a change of ownership.

(3) An annual school application for renewal of a

certificate of approval.

(4) A school application for a change of location.

(5) A school application for a classroom extension.

(6) If an applicant school that has not remedied all

deficiencies cited by the Board within 12 months after the

date of its original application for a permit of approval,

an additional original application fee for the continued

cost of investigation of its application.

(7) Transcript processing.

(Source: P.A. 102-1046, eff. 6-7-22; revised 9-2-22.)

Section 310. The Dual Credit Quality Act is amended by

changing Section 20 as follows:

(110 ILCS 27/20)

Sec. 20. Standards. All institutions offering dual credit

courses shall meet the following standards:

(1) High school instructors teaching credit-bearing

college-level courses for dual credit must meet any of the

academic credential requirements set forth in this

paragraph or paragraph (2) or (3) of this Section and need

not meet higher certification requirements or those set

out in Article 21B of the School Code:

(A) Approved instructors of dual credit courses

shall meet any of the faculty credential standards

allowed by the Higher Learning Commission to determine

minimally qualified faculty. At the request of an

instructor, an instructor who meets these credential

standards shall be provided by the State Board of

Education with a Dual Credit Endorsement, to be placed

on the professional educator license, as established

by the State Board of Education and as authorized

under Article 21B of the School Code and promulgated

through administrative rule in cooperation with the

Illinois Community College Board and the Board of

Higher Education.

(B) An instructor who does not meet the faculty

credential standards allowed by the Higher Learning

Commission to determine minimally qualified faculty

may teach dual credit courses if the instructor has a

professional development plan, approved by the

institution and shared with the State Board of

Education no later than January 1, 2025, to raise his

or her credentials to be in line with the credentials

under subparagraph (A) of this paragraph (1). The

institution shall have 30 days to review the plan and

approve an instructor professional development plan

that is in line with the credentials set forth in

paragraph (2) of this Section. The institution shall

not unreasonably withhold approval of a professional

development plan. These approvals shall be good for as

long as satisfactory progress toward the completion of

the credential is demonstrated, but in no event shall

a professional development plan be in effect for more

than 3 years from the date of its approval or after

January 1, 2028, whichever is sooner. A high school

instructor whose professional development plan is not

approved by the institution may appeal to the Illinois

Community College Board or the Board of Higher

Education, as appropriate.

(C) The Illinois Community College Board and Board

of Higher Education shall report yearly on their its

Internet websites website the following:

(i) the number of teachers presently enrolled

in an approved professional development plan under

this Section;

(ii) the number of instructors who

successfully completed an approved professional

development plan;

(iii) the number of instructors who did not

successfully complete an approved professional

development plan after 3 years;

(iv) a breakdown of the information in

subdivisions (i), (ii), and (iii) of this

subparagraph (C) by subject area; and

(v) a summary, by community college district,

of professional development plans that are in

progress, that were successfully completed, or

that have expired.

(2) For a high school instructor entering into a

professional development plan prior to January 1, 2023,

the high school instructor shall qualify for a

professional development plan if the instructor:

(A) has a master's degree in any discipline and

has earned 9 graduate hours in a discipline in which he

or she is currently teaching or expects to teach; or

(B) has a bachelor's degree with a minimum of 18

graduate hours in a discipline that he or she is

currently teaching or expects to teach and is enrolled

in a discipline-specific master's degree program; and

(C) agrees to demonstrate his or her progress

toward completion to the supervising institution, as

outlined in the professional development plan.

(2.5) For a high school instructor entering into a

professional development plan on or after January 1, 2023,

the high school instructor shall qualify for a

professional development plan if the instructor:

(A) has a master's degree in any discipline, has

earned 9 graduate hours in a discipline in which he or

she currently teaches or expects to teach, and agrees

to demonstrate his or her progress toward completion

to the supervising institution, as outlined in the

professional development plan; or

(B) is a fully licensed instructor in career and

technical education who is halfway toward meeting the

institution's requirements for faculty in the

discipline to be taught and agrees to demonstrate his

or her progress toward completion to the supervising

institution, as outlined in the professional

development plan.

(3) An instructor in career and technical education

courses must possess the credentials and demonstrated

teaching competencies appropriate to the field of

instruction.

(4) Course content must be equivalent to

credit-bearing college-level courses offered at the

community college.

(5) Learning outcomes must be the same as

credit-bearing college-level courses and be appropriately

measured.

(6) A high school instructor is expected to

participate in any orientation developed by the

institution for dual credit instructors in course

curriculum, assessment methods, and administrative

requirements.

(7) Dual credit instructors must be given the

opportunity to participate in all activities available to

other adjunct faculty, including professional development,

seminars, site visits, and internal communication,

provided that such opportunities do not interfere with an

instructor's regular teaching duties.

(8) Every dual credit course must be reviewed annually

by faculty through the appropriate department to ensure

consistency with campus courses.

(9) Dual credit students must be assessed using

methods consistent with students in traditional

credit-bearing college courses.

(10) Within 15 days after entering into or renewing a

partnership agreement, the institution shall notify its

faculty of the agreement, including access to copies of

the agreement if requested.

(Source: P.A. 102-558, eff. 8-20-21; 102-1077, eff. 1-1-23;

revised 12-9-22.)

Section 315. The Board of Higher Education Act is amended

by changing Section 9.16 as follows:

(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)

Sec. 9.16. Underrepresentation of certain groups in higher

education. To require public institutions of higher education

to develop and implement an equity plan and practices that

include methods and strategies to increase the access,

retention, completion, and student loan repayment rates of

minorities, rural students, adult students, women, and

individuals with disabilities who are traditionally

underrepresented in education programs and activities. To

encourage private institutions of higher education to develop

and implement an equity plan and practices. For the purpose of

this Section, minorities shall mean persons residents who are

any of the following:

(1) American Indian or Alaska Native (a person having

origins in any of the original peoples of North and South

America, including Central America, and who maintains

tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or the

Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam).

(3) Black or African American (a person having origins

in any of the black racial groups of Africa).

(4) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other Spanish

culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a

person having origins in any of the original peoples of

Hawaii, Guam, Samoa, or other Pacific Islands).

The Board shall adopt any rules necessary to administer

this Section. The Board, in collaboration with the Illinois

Community College Board, shall also do the following:

(a) require all public institutions of higher

education to develop and submit an equity plan and

implement practices that, at a minimum, close gaps in

enrollment, retention, completion, and student loan

repayment rates for underrepresented groups and encourage

all private institutions of higher education to develop

and submit such equity plans and implement such practices;

(b) conduct periodic review of public institutions of

higher education and private institutions of higher

education to determine compliance with this Section; and

if the Board finds that a public institution of higher

education is not in compliance with this Section, it shall

notify the institution of steps to take to attain

compliance;

(c) provide advice and counsel pursuant to this

Section;

(d) conduct studies of the effectiveness and outcomes

of the methods and strategies outlined in an institution's

equity plan, as well as others designed to increase

participation and success of students in education

programs and activities in which minorities, rural

students, adult students, women, and individuals with

disabilities are traditionally underrepresented, and

monitor and report the outcomes for students as a result

of the implementation of equity plans;

(e) require components of an institution's equity plan

to include strategies to increase minority student

recruitment, retention, and student loan repayment rates

in colleges and universities. In implementing this

paragraph, the Board shall undertake, but need not be

limited to, the following: the establishment of guidelines

and plans for public institutions of higher education and

private institutions of higher education for minority

student recruitment, retention, and student loan repayment

rates, including requirements to establish campus climate

and culture surveys, the review and monitoring of minority

student services, programs, and supports implemented at

public institutions of higher education and private

institutions of higher education to determine their

compliance with any guidelines and plans so established,

the determination of the effectiveness and funding

requirements of minority student services, programs, and

supports at public institutions of higher education and

private institutions of higher education, the

dissemination of successful programs as models, and the

encouragement of cooperative partnerships between

community colleges, local school attendance centers, and

4-year colleges and universities to support enrollment of

minority students;

(f) mandate all public institutions of higher

education and encourage all private institutions of higher

education to submit data and information essential to

determine compliance with this Section. The Board shall

prescribe the format and the date for submission of this

data and any other education equity data; and

(g) report to the General Assembly and the Governor

annually with a description of the plans submitted by each

public institution of higher education and each private

institution of higher education for implementation of this

Section, including financial data relating to the most

recent fiscal year, the effectiveness of such plans and

programs and the effectiveness of the methods and

strategies developed by the Board in meeting the purposes

of this Section, the degree of compliance with this

Section by each public institution of higher education and

each private institution of higher education as determined

by the Board pursuant to its periodic review

responsibilities, and the findings made by the Board in

conducting its studies and monitoring student outcomes and

institutional success as required by paragraph (d) of this

Section. With respect to each public institution of higher

education and each private institution of higher

education, such report also shall include, but need not be

limited to, information with respect to each institution's

minority program budget allocations; minority student

admission, retention and graduation and student loan

repayment rate statistics; admission, retention,

graduation, and student loan repayment rate statistics of

all students who are the first in their immediate family

to attend an institution of higher education; number of

financial assistance awards, not including student loans,

to undergraduate and graduate minority students; and

minority faculty representation. This paragraph shall not

be construed to prohibit the Board from making, preparing,

or issuing additional surveys or studies with respect to

minority education in Illinois.

(Source: P.A. 102-465, eff. 1-1-22; 102-1030, eff. 5-27-22;

102-1046, eff. 6-7-22; revised 7-26-22.)

Section 320. The Higher Education Cooperation Act is

amended by changing Section 4 as follows:

(110 ILCS 220/4) (from Ch. 144, par. 284)

Sec. 4. A program of financial assistance to programs of

interinstitutional cooperation, in higher education is

established to implement the policy of encouraging such

cooperation in order to achieve an efficient use of

educational resources, an equitable distribution of

educational services, the development of innovative concepts

and applications, and other public purposes.

The Board of Higher Education shall administer this

program of financial assistance and shall distribute the funds

appropriated by the General Assembly for this purpose in the

form of grants to not-for-profit corporations organized to

administer programs of interinstitutional cooperation in

higher education or to public or nonpublic institutions of

higher education participating in such programs.

In awarding grants to interinstitutional programs under

this Act, the Board shall consider in relation to each such

program whether it serves the public purposes expressed in

this Act, whether the local community is substantially

involved, whether its function could be performed better by a

single existing institution, whether the program is consistent

with the Illinois strategic plan for higher education, and

such other criteria as it determines to be appropriate.

No grant may be awarded under this Section for any program

of sectarian instruction or for any program designed to serve

a sectarian purpose.

As a part of its administration of this Act, the Board may

require audits or reports in relation to the administrative,

fiscal and academic aspects of any interinstitutional program

for which a grant is awarded under this Act. The Board shall

annually submit to the Governor and the General Assembly a

budgetary recommendation for grants under this Act.

(Source: P.A. 102-1046, eff. 6-7-22; revised 9-2-22.)

Section 325. The University of Illinois Act is amended by

setting forth, renumbering, and changing multiple versions of

Section 160 as follows:

(110 ILCS 305/160)

Sec. 160. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by the University for the purpose of helping students at the

University determine eligibility for benefit programs and

identify campuswide and community resource support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) The University shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide consortium with other

public institutions of higher education, facilitated by

the Board of Higher Education, for the purpose of

facilitating communication between benefits navigators at

different institutions and developing best practices for

benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the University in determining

eligibility for benefit programs and identifying

campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the University.

(d) The University, in consultation with the benefits

navigator designated under this Section, shall develop an

internal process to enable students at the University to

provide feedback and recommendations on how the University can

better assist students in determining eligibility for benefit

programs and applying for assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 305/170)

Sec. 170 160. COVID-19 sick leave. For purposes of this

Section, "employee" means a person employed by the University

on or after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

Any sick leave used by an employee of the University

during the 2021-2022 academic year shall be returned to an

employee of the University who receives all doses required to

be fully vaccinated against COVID-19, as defined in Section

175 of this Act, if:

(1) the sick leave was taken because the employee was

restricted from being on University property because the

employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from the University; or

(D) was required by the University to be excluded

from University property due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 175 of this Act no later than 5 weeks

after April 5, 2022 (the effective date of Public Act 102-697)

this amendatory Act of the 102nd General Assembly.

The University may not rescind any sick leave returned to

an employee of the University on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 175 of this Act, at the time

the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-19-22.)

Section 330. The Southern Illinois University Management

Act is amended by setting forth, renumbering, and changing

multiple versions of Section 135 as follows:

(110 ILCS 520/135)

Sec. 135. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by the University for the purpose of helping students at the

University determine eligibility for benefit programs and

identify campuswide and community resource support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) The University shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide consortium with other

public institutions of higher education, facilitated by

the Board of Higher Education, for the purpose of

facilitating communication between benefits navigators at

different institutions and developing best practices for

benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the University in determining

eligibility for benefit programs and identifying

campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the University.

(d) The University, in consultation with the benefits

navigator designated under this Section, shall develop an

internal process to enable students at the University to

provide feedback and recommendations on how the University can

better assist students in determining eligibility for benefit

programs and applying for assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 520/145)

Sec. 145 135. COVID-19 sick leave. For purposes of this

Section, "employee" means a person employed by the University

on or after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

Any sick leave used by an employee of the University

during the 2021-2022 academic year shall be returned to an

employee of the University who receives all doses required to

be fully vaccinated against COVID-19, as defined in Section

150 of this Act, if:

(1) the sick leave was taken because the employee was

restricted from being on University property because the

employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from the University; or

(D) was required by the University to be excluded

from University property due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 150 of this Act no later than 5 weeks

after April 5, 2022 (the effective date of Public Act 102-697)

this amendatory Act of the 102nd General Assembly.

The University may not rescind any sick leave returned to

an employee of the University on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 150 of this Act, at the time

the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-22-22.)

Section 335. The Chicago State University Law is amended

by setting forth, renumbering, and changing multiple versions

of Section 5-245 as follows:

(110 ILCS 660/5-245)

Sec. 5-245. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by the University for the purpose of helping students at the

University determine eligibility for benefit programs and

identify campuswide and community resource support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) The University shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide consortium with other

public institutions of higher education, facilitated by

the Board of Higher Education, for the purpose of

facilitating communication between benefits navigators at

different institutions and developing best practices for

benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the University in determining

eligibility for benefit programs and identifying

campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the University.

(d) The University, in consultation with the benefits

navigator designated under this Section, shall develop an

internal process to enable students at the University to

provide feedback and recommendations on how the University can

better assist students in determining eligibility for benefit

programs and applying for assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 660/5-255)

Sec. 5-255 5-245. COVID-19 sick leave. For purposes of

this Section, "employee" means a person employed by the

University on or after April 5, 2022 (the effective date of

Public Act 102-697) this amendatory Act of the 102nd General

Assembly.

Any sick leave used by an employee of the University

during the 2021-2022 academic year shall be returned to an

employee of the University who receives all doses required to

be fully vaccinated against COVID-19, as defined in Section

5-260 of this Law Act, if:

(1) the sick leave was taken because the employee was

restricted from being on University property because the

employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from the University; or

(D) was required by the University to be excluded

from University property due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 5-260 of this Law Act no later than 5

weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

The University may not rescind any sick leave returned to

an employee of the University on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 5-260 of this Law Act, at the

time the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-23-22.)

Section 340. The Eastern Illinois University Law is

amended by setting forth, renumbering, and changing multiple

versions of Section 10-245 as follows:

(110 ILCS 665/10-245)

Sec. 10-245. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by the University for the purpose of helping students at the

University determine eligibility for benefit programs and

identify campuswide and community resource support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) The University shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide consortium with other

public institutions of higher education, facilitated by

the Board of Higher Education, for the purpose of

facilitating communication between benefits navigators at

different institutions and developing best practices for

benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the University in determining

eligibility for benefit programs and identifying

campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the University.

(d) The University, in consultation with the benefits

navigator designated under this Section, shall develop an

internal process to enable students at the University to

provide feedback and recommendations on how the University can

better assist students in determining eligibility for benefit

programs and applying for assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 665/10-260)

Sec. 10-260 10-245. COVID-19 sick leave. For purposes of

this Section, "employee" means a person employed by the

University on or after April 5, 2022 (the effective date of

Public Act 102-697) this amendatory Act of the 102nd General

Assembly.

Any sick leave used by an employee of the University

during the 2021-2022 academic year shall be returned to an

employee of the University who receives all doses required to

be fully vaccinated against COVID-19, as defined in Section

10-265 of this Law Act, if:

(1) the sick leave was taken because the employee was

restricted from being on University property because the

employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from the University; or

(D) was required by the University to be excluded

from University property due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 10-265 of this Law Act no later than 5

weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

The University may not rescind any sick leave returned to

an employee of the University on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 10-265 of this Law Act, at the

time the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-23-22.)

Section 345. The Governors State University Law is amended

by setting forth, renumbering, and changing multiple versions

of Section 15-245 as follows:

(110 ILCS 670/15-245)

Sec. 15-245. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by the University for the purpose of helping students at the

University determine eligibility for benefit programs and

identify campuswide and community resource support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) The University shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide consortium with other

public institutions of higher education, facilitated by

the Board of Higher Education, for the purpose of

facilitating communication between benefits navigators at

different institutions and developing best practices for

benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the University in determining

eligibility for benefit programs and identifying

campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the University.

(d) The University, in consultation with the benefits

navigator designated under this Section, shall develop an

internal process to enable students at the University to

provide feedback and recommendations on how the University can

better assist students in determining eligibility for benefit

programs and applying for assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 670/15-255)

Sec. 15-255 15-245. COVID-19 sick leave. For purposes of

this Section, "employee" means a person employed by the

University on or after April 5, 2022 (the effective date of

Public Act 102-697) this amendatory Act of the 102nd General

Assembly.

Any sick leave used by an employee of the University

during the 2021-2022 academic year shall be returned to an

employee of the University who receives all doses required to

be fully vaccinated against COVID-19, as defined in Section

15-260 of this Law Act, if:

(1) the sick leave was taken because the employee was

restricted from being on University property because the

employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from the University; or

(D) was required by the University to be excluded

from University property due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 15-260 of this Law Act no later than 5

weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

The University may not rescind any sick leave returned to

an employee of the University on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 15-260 of this Law Act, at the

time the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-24-22.)

Section 350. The Illinois State University Law is amended

by setting forth, renumbering, and changing multiple versions

of Section 20-250 as follows:

(110 ILCS 675/20-250)

Sec. 20-250. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by the University for the purpose of helping students at the

University determine eligibility for benefit programs and

identify campuswide and community resource support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) The University shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide consortium with other

public institutions of higher education, facilitated by

the Board of Higher Education, for the purpose of

facilitating communication between benefits navigators at

different institutions and developing best practices for

benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the University in determining

eligibility for benefit programs and identifying

campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the University.

(d) The University, in consultation with the benefits

navigator designated under this Section, shall develop an

internal process to enable students at the University to

provide feedback and recommendations on how the University can

better assist students in determining eligibility for benefit

programs and applying for assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 675/20-265)

Sec. 20-265 20-250. COVID-19 sick leave. For purposes of

this Section, "employee" means a person employed by the

University on or after April 5, 2022 (the effective date of

Public Act 102-697) this amendatory Act of the 102nd General

Assembly.

Any sick leave used by an employee of the University

during the 2021-2022 academic year shall be returned to an

employee of the University who receives all doses required to

be fully vaccinated against COVID-19, as defined in Section

20-270 of this Law Act, if:

(1) the sick leave was taken because the employee was

restricted from being on University property because the

employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from the University; or

(D) was required by the University to be excluded

from University property due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 20-270 of this Law Act no later than 5

weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

The University may not rescind any sick leave returned to

an employee of the University on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 20-270 of this Law Act, at the

time the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-24-22.)

Section 355. The Northeastern Illinois University Law is

amended by setting forth, renumbering, and changing multiple

versions of Section 25-245 as follows:

(110 ILCS 680/25-245)

Sec. 25-245. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by the University for the purpose of helping students at the

University determine eligibility for benefit programs and

identify campuswide and community resource support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) The University shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide consortium with other

public institutions of higher education, facilitated by

the Board of Higher Education, for the purpose of

facilitating communication between benefits navigators at

different institutions and developing best practices for

benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the University in determining

eligibility for benefit programs and identifying

campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the University.

(d) The University, in consultation with the benefits

navigator designated under this Section, shall develop an

internal process to enable students at the University to

provide feedback and recommendations on how the University can

better assist students in determining eligibility for benefit

programs and applying for assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 680/25-260)

Sec. 25-260 25-245. COVID-19 sick leave. For purposes of

this Section, "employee" means a person employed by the

University on or after April 5, 2022 (the effective date of

Public Act 102-697) this amendatory Act of the 102nd General

Assembly.

Any sick leave used by an employee of the University

during the 2021-2022 academic year shall be returned to an

employee of the University who receives all doses required to

be fully vaccinated against COVID-19, as defined in Section

25-265 of this Law Act, if:

(1) the sick leave was taken because the employee was

restricted from being on University property because the

employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from the University; or

(D) was required by the University to be excluded

from University property due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 25-265 of this Law Act no later than 5

weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

The University may not rescind any sick leave returned to

an employee of the University on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 25-265 of this Law Act, at the

time the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-25-22.)

Section 360. The Northern Illinois University Law is

amended by setting forth, renumbering, and changing multiple

versions of Section 30-255 as follows:

(110 ILCS 685/30-255)

Sec. 30-255. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by the University for the purpose of helping students at the

University determine eligibility for benefit programs and

identify campuswide and community resource support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) The University shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide consortium with other

public institutions of higher education, facilitated by

the Board of Higher Education, for the purpose of

facilitating communication between benefits navigators at

different institutions and developing best practices for

benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the University in determining

eligibility for benefit programs and identifying

campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the University.

(d) The University, in consultation with the benefits

navigator designated under this Section, shall develop an

internal process to enable students at the University to

provide feedback and recommendations on how the University can

better assist students in determining eligibility for benefit

programs and applying for assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 685/30-270)

Sec. 30-270 30-255. COVID-19 sick leave. For purposes of

this Section, "employee" means a person employed by the

University on or after April 5, 2022 (the effective date of

Public Act 102-697) this amendatory Act of the 102nd General

Assembly.

Any sick leave used by an employee of the University

during the 2021-2022 academic year shall be returned to an

employee of the University who receives all doses required to

be fully vaccinated against COVID-19, as defined in Section

30-275 of this Law Act, if:

(1) the sick leave was taken because the employee was

restricted from being on University property because the

employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from the University; or

(D) was required by the University to be excluded

from University property due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 30-275 of this Law Act no later than 5

weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

The University may not rescind any sick leave returned to

an employee of the University on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 30-275 of this Law Act, at the

time the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-25-22.)

Section 365. The Western Illinois University Law is

amended by setting forth, renumbering, and changing multiple

versions of Section 35-250 as follows:

(110 ILCS 690/35-250)

Sec. 35-250. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by the University for the purpose of helping students at the

University determine eligibility for benefit programs and

identify campuswide and community resource support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) The University shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide consortium with other

public institutions of higher education, facilitated by

the Board of Higher Education, for the purpose of

facilitating communication between benefits navigators at

different institutions and developing best practices for

benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the University in determining

eligibility for benefit programs and identifying

campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the University.

(d) The University, in consultation with the benefits

navigator designated under this Section, shall develop an

internal process to enable students at the University to

provide feedback and recommendations on how the University can

better assist students in determining eligibility for benefit

programs and applying for assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 690/35-265)

Sec. 35-265 35-250. COVID-19 sick leave. For purposes of

this Section, "employee" means a person employed by the

University on or after April 5, 2022 (the effective date of

Public Act 102-697) this amendatory Act of the 102nd General

Assembly.

Any sick leave used by an employee of the University

during the 2021-2022 academic year shall be returned to an

employee of the University who receives all doses required to

be fully vaccinated against COVID-19, as defined in Section

35-270 of this Law Act, if:

(1) the sick leave was taken because the employee was

restricted from being on University property because the

employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from the University; or

(D) was required by the University to be excluded

from University property due to COVID-19 symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 35-270 of this Law Act no later than 5

weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

The University may not rescind any sick leave returned to

an employee of the University on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 35-270 of this Law Act, at the

time the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-25-22.)

Section 370. The Public Community College Act is amended

by setting forth, renumbering, and changing multiple versions

of Section 3-29.20 as follows:

(110 ILCS 805/3-29.20)

Sec. 3-29.20. Benefits navigator.

(a) In this Section:

"Benefits navigator" means an individual who is designated

by a community college for the purpose of helping students at

the community college determine eligibility for benefit

programs and identify campuswide and community resource

support.

"Benefit program" means any federal, State, or local

program that provides assistance or benefits to individuals on

the basis of need.

(b) A community college shall:

(1) designate a benefits navigator who has a detailed

understanding of eligibility requirements for benefit

programs and campuswide and community resource support;

(2) provide training for the benefits navigator; and

(3) participate in a statewide community college

consortium, facilitated by the State Board, for the

purpose of facilitating communication between benefits

navigators at different institutions and developing best

practices for benefits navigators.

(c) The benefits navigator designated under this Section

shall:

(1) assist students at the community college in

determining eligibility for benefit programs and

identifying campuswide and community resource support;

(2) use the consortium under paragraph (3) of

subsection (b) of this Section to coordinate with benefits

navigators at other public institutions of higher

education for the purpose of collecting data and

developing best practices for helping students apply for

and receive assistance from benefit programs; and

(3) coordinate and provide culturally specific

resources, including resources for non-English speakers,

to support students at the community college.

(d) The community college, in consultation with the

benefits navigator designated under this Section, shall

develop an internal process to enable students at the

community college to provide feedback and recommendations on

how the community college can better assist students in

determining eligibility for benefit programs and applying for

assistance under benefit programs.

(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

(110 ILCS 805/3-29.23)

Sec. 3-29.23 3-29.20. COVID-19 sick leave. For purposes of

this Section, "employee" means a person employed by a

community college or community college district on or after

April 5, 2022 (the effective date of Public Act 102-697) this

amendatory Act of the 102nd General Assembly.

Any sick leave used by an employee of a community college

or community college district during the 2021-2022 academic

year shall be returned to an employee of the community college

or community college district who receives all doses required

to be fully vaccinated against COVID-19, as defined in Section

3-29.25 of this Act, if:

(1) the sick leave was taken because the employee was

restricted from being on community college district

property because the employee:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from community college district property; or

(D) was required by the community college or

community college district policy to be excluded from

community college district property due to COVID-19

symptoms; or

(2) the sick leave was taken to care for a child of the

employee who was unable to attend elementary or secondary

school because the child:

(A) had a confirmed positive COVID-19 diagnosis

via a molecular amplification diagnostic test, such as

a polymerase chain reaction (PCR) test for COVID-19;

(B) had a probable COVID-19 diagnosis via an

antigen diagnostic test;

(C) was in close contact with a person who had a

confirmed case of COVID-19 and was required to be

excluded from school; or

(D) was required by the school or school district

policy to be excluded from school district property

due to COVID-19 symptoms.

Leave shall be returned to an employee pursuant to this

Section provided that the employee has received all required

doses to meet the definition of "fully vaccinated against

COVID-19" under Section 3-29.25 of this Act no later than 5

weeks after April 5, 2022 (the effective date of Public Act

102-697) this amendatory Act of the 102nd General Assembly.

The community college district may not rescind any sick

leave returned to an employee of the community college or

community college district on the basis of a revision to the

definition of "fully vaccinated against COVID-19" by the

Centers for Disease Control and Prevention of the United

States Department of Health and Human Services or the

Department of Public Health, provided that the employee

received all doses required to be fully vaccinated against

COVID-19, as defined in Section 3-29.25 of this Act, at the

time the sick leave was returned to the employee.

(Source: P.A. 102-697, eff. 4-5-22; revised 8-25-22.)

Section 375. The Equity and Representation in Health Care

Act is amended by changing Section 10 as follows:

(110 ILCS 932/10)

Sec. 10. Definitions. As used in this Act:

"Accredited school" means a college or university in which

a degree in allopathic medicine, osteopathic medicine,

dentistry, physical therapy, or an equivalent credential for a

health program is earned and for which the Council for Higher

Education Accreditation or its affiliates has determined that

the school meets specific standards for its programs, faculty,

and curriculum.

"Advanced practice registered nurse" or "APRN" means an

advanced practice registered nurse as defined under Section

50-10 of the Nurse Practice Act.

"Allopathic medicine" means the use of pharmacological

agents or physical interventions to treat or suppress symptoms

or processes of diseases or conditions.

"Applicant" means a health care professional or medical

facility who applies for loan repayment assistance or

scholarship funds under this Act.

"Approved graduate training" means training in medicine,

dentistry, or any other health profession that leads to

eligibility for board certification, provides evidence of

completion, and is approved by the appropriate health care

professional's body.

"Behavioral health provider" means a provider of a

commonly recognized discipline in the behavioral health

industry, including, but not limited to, licensed clinical

social workers, behavioral health therapists, certified

marriage and family counselors, licensed social workers, and

addiction counselors.

"Breach of service obligation" means failure for any

reason to begin or complete a contractual service commitment.

"Commercial loan" means a loan made by a bank, credit

union, savings and loan association, insurance company,

school, or other financial institution.

"Community health center" means a migrant health center,

community health center, health care program for the homeless

or for residents of public housing supported under Section 330

of the federal Public Health Service Act, or FQHC, including

an FQHC Look-Alike, as designated by the U.S. Department of

Health and Human Services, that operates at least one

federally designated primary health care delivery site in

Illinois.

"Default" means failure to meet a legal obligation or

condition of a loan.

"Department" means the Department of Public Health.

"Dental assistant" means a person who serves as a member

of a dental care team, working directly with a dentist to

perform duties that include, but are not limited to, assisting

with dental procedures, preparing patients for procedures,

preparing examinations, and sterilizing equipment.

"Dentist" means a person licensed to practice dentistry

under the Illinois Dental Practice Act.

"Director" means the Director of Public Health.

"Equity and Representation in Health Care Workforce

Repayment Program" or "Repayment Program" means the Equity and

Representation in Health Care Workforce Repayment Program

created under subsection (a) of Section 15.

"Equity and Representation in Health Care Workforce

Scholarship Program" or "Scholarship Program" means the Equity

and Representation in Health Care Workforce Scholarship

Program created under subsection (b) of Section 15.

"Federally Qualified Health Center" or "FQHC" means a

health center funded under Section 330 of the federal Public

Health Service Act.

"Federally Qualified Health Center Look-Alike" or "FQHC

Look-Alike" means a health center that meets the requirements

for receiving a grant under Section 330 of the federal Public

Health Service Act but does not receive funding under that

authority.

"Government loan" means a loan made by a federal, State,

county, or city agency authorized to make the loan.

"Health care professional" means a physician, physician

assistant, advanced practice registered nurse, nurse,

chiropractic physician, podiatric physician podiatrist,

physical therapist, physical therapist assistant, occupational

therapist, speech therapist, behavioral health provider,

psychiatrist, psychologist, pharmacist, dentist, medical

assistant, dental assistant, or dental hygienist.

"Health professional shortage area" or "HPSA" means a

designation from the U.S. Department of Health and Human

Services that indicates the shortage of primary medical care

or dental or mental health providers. The designation may be

geographic, such as a county or service area; demographic,

such as low-income population; or institutional, such as a

comprehensive health center, FQHC, or other public facility.

"Lender" means the commercial or government entity that

makes a qualifying loan.

"Loan repayment award" or "award" means the amount of

funding awarded to a recipient based upon his or her

reasonable educational expenses, up to a maximum established

by the program.

"Loan repayment agreement" or "agreement" means the

written instrument defining a legal relationship entered into

between the Department and a recipient.

"Medical assistant" means a person who serves as a member

of a medical care team working directly with other providers

to perform duties that include, but are not limited to,

gathering patient information, taking vital signs, preparing

patients for examinations, and assisting physicians during

examinations.

"Medical facility" means a facility in which the delivery

of health services is provided. A medical facility must be a

nonprofit or public facility located in Illinois and includes

the following:

(1) A Federally Qualified Health Center.

(2) An FQHC Look-Alike.

(3) A hospital system operated by a county with more

than 3,000,000 residents.

"Medically underserved area" or "MUA" means an area

designated by the U.S. Department of Health and Human

Services' Health Resources and Services Administration as

having too few primary care providers, high infant mortality,

high poverty, or a high elderly population.

"Nurse" means a person who is licensed as a licensed

practical nurse or as a registered nurse under the Nurse

Practice Act.

"Osteopathic medicine" means medical practice based upon

the theory that diseases are due to loss of structural

integrity, which can be restored by manipulation of the parts

and supplemented by therapeutic measures.

"Physical therapist" means an individual licensed as a

physical therapist under the Illinois Physical Therapy Act.

"Physical therapist assistant" means an individual

licensed as a physical therapist assistant under the Illinois

Physical Therapy Act.

"Physician" means a person licensed to practice medicine

in all of its branches under the Medical Practice Act of 1987.

"Physician assistant" means an individual licensed under

the Physician Assistant Practice Act of 1987.

"Primary care" means health care that encompasses

prevention services, basic diagnostic and treatment services,

and support services, including laboratory, radiology,

transportation, and pharmacy services.

"Psychiatrist" means a physician licensed to practice

medicine in Illinois under the Medical Practice Act of 1987

who has successfully completed an accredited residency program

in psychiatry.

"Qualifying loan" means a government loan or commercial

loan used for tuition and reasonable educational and living

expenses related to undergraduate or graduate education that

was obtained by the recipient prior to his or her application

for loan repayment and that is contemporaneous with the

education received.

"Reasonable educational expenses" means costs for

education, exclusive of tuition. These costs include, but are

not limited to, fees, books, supplies, clinical travel,

educational equipment, materials, board certification, or

licensing examinations. "Reasonable educational expenses" do

not exceed the estimated standard budget for expenses for the

degree program and for the years of enrollment.

"Reasonable living expenses" means room and board,

transportation, and commuting costs associated with the

applicant's attendance and participation in an educational and

workforce training program. "Reasonable living expenses" do

not exceed the estimated standard budget for the recipient's

degree program and for the years of enrollment.

"Recognized training entity" means an entity approved by

the Department to provide training and education for medical

assistants and dental assistants.

"Recipient" means a health care professional or medical

facility that may use loan repayment funds.

"Rural" has the same meaning that is used by the federal

Health Resources and Services Administration to determine

eligibility for Rural Health Grants.

"State" means the State of Illinois.

(Source: P.A. 102-942, eff. 1-1-23; revised 2-5-23.)

Section 380. The Higher Education Student Assistance Act

is amended by changing Section 52 as follows:

(110 ILCS 947/52)

Sec. 52. Golden Apple Scholars of Illinois Program; Golden

Apple Foundation for Excellence in Teaching.

(a) In this Section, "Foundation" means the Golden Apple

Foundation for Excellence in Teaching, a registered 501(c)(3)

not-for-profit corporation.

(a-2) In order to encourage academically talented Illinois

students, especially minority students, to pursue teaching

careers, especially in teacher shortage disciplines (which

shall be defined to include early childhood education) or at

hard-to-staff schools (as defined by the Commission in

consultation with the State Board of Education), to provide

those students with the crucial mentoring, guidance, and

in-service support that will significantly increase the

likelihood that they will complete their full teaching

commitments and elect to continue teaching in targeted

disciplines and hard-to-staff schools, and to ensure that

students in this State will continue to have access to a pool

of highly-qualified teachers, each qualified student shall be

awarded a Golden Apple Scholars of Illinois Program

scholarship to any Illinois institution of higher learning.

The Commission shall administer the Golden Apple Scholars of

Illinois Program, which shall be managed by the Foundation

pursuant to the terms of a grant agreement meeting the

requirements of Section 4 of the Illinois Grant Funds Recovery

Act.

(a-3) For purposes of this Section, a qualified student

shall be a student who meets the following qualifications:

(1) is a resident of this State and a citizen or

eligible noncitizen of the United States;

(2) is a high school graduate or a person who has

received a State of Illinois High School Diploma;

(3) is enrolled or accepted, on at least a half-time

basis, at an institution of higher learning;

(4) is pursuing a postsecondary course of study

leading to initial certification or pursuing additional

course work needed to gain State Board of Education

approval to teach, including alternative teacher

licensure; and

(5) is a participant in programs managed by and is

approved to receive a scholarship from the Foundation.

(a-5) (Blank).

(b) (Blank).

(b-5) Funds designated for the Golden Apple Scholars of

Illinois Program shall be used by the Commission for the

payment of scholarship assistance under this Section or for

the award of grant funds, subject to the Illinois Grant Funds

Recovery Act, to the Foundation. Subject to appropriation,

awards of grant funds to the Foundation shall be made on an

annual basis and following an application for grant funds by

the Foundation.

(b-10) Each year, the Foundation shall include in its

application to the Commission for grant funds an estimate of

the amount of scholarship assistance to be provided to

qualified students during the grant period. Any amount of

appropriated funds exceeding the estimated amount of

scholarship assistance may be awarded by the Commission to the

Foundation for management expenses expected to be incurred by

the Foundation in providing the mentoring, guidance, and

in-service supports that will increase the likelihood that

qualified students will complete their teaching commitments

and elect to continue teaching in hard-to-staff schools. If

the estimate of the amount of scholarship assistance described

in the Foundation's application is less than the actual amount

required for the award of scholarship assistance to qualified

students, the Foundation shall be responsible for using

awarded grant funds to ensure all qualified students receive

scholarship assistance under this Section.

(b-15) All grant funds not expended or legally obligated

within the time specified in a grant agreement between the

Foundation and the Commission shall be returned to the

Commission within 45 days. Any funds legally obligated by the

end of a grant agreement shall be liquidated within 45 days or

otherwise returned to the Commission within 90 days after the

end of the grant agreement that resulted in the award of grant

funds.

(c) Each scholarship awarded under this Section shall be

in an amount sufficient to pay the tuition and fees and room

and board costs of the Illinois institution of higher learning

at which the recipient is enrolled, up to an annual maximum of

$5,000; except that, in the case of a recipient who does not

reside on campus on-campus at the institution of higher

learning at which he or she is enrolled, the amount of the

scholarship shall be sufficient to pay tuition and fee

expenses and a commuter allowance, up to an annual maximum of

$5,000. All scholarship funds distributed in accordance with

this Section shall be paid to the institution on behalf of

recipients.

(d) The total amount of scholarship assistance awarded by

the Commission under this Section to an individual in any

given fiscal year, when added to other financial assistance

awarded to that individual for that year, shall not exceed the

cost of attendance at the institution of higher learning at

which the student is enrolled. In any academic year for which a

qualified student under this Section accepts financial

assistance through any other teacher scholarship program

administered by the Commission, a qualified student shall not

be eligible for scholarship assistance awarded under this

Section.

(e) A recipient may receive up to 8 semesters or 12

quarters of scholarship assistance under this Section.

Scholarship funds are applicable toward 2 semesters or 3

quarters of enrollment each academic year.

(f) All applications for scholarship assistance to be

awarded under this Section shall be made to the Foundation in a

form determined by the Foundation. Each year, the Foundation

shall notify the Commission of the individuals awarded

scholarship assistance under this Section. Each year, at least

30% of the Golden Apple Scholars of Illinois Program

scholarships shall be awarded to students residing in counties

having a population of less than 500,000.

(g) (Blank).

(h) The Commission shall administer the payment of

scholarship assistance provided through the Golden Apple

Scholars of Illinois Program and shall make all necessary and

proper rules not inconsistent with this Section for the

effective implementation of this Section.

(i) Prior to receiving scholarship assistance for any

academic year, each recipient of a scholarship awarded under

this Section shall be required by the Foundation to sign an

agreement under which the recipient pledges that, within the

2-year period following the termination of the academic

program for which the recipient was awarded a scholarship, the

recipient: (i) shall begin teaching for a period of not less

than 5 years, (ii) shall fulfill this teaching obligation at a

nonprofit Illinois public, private, or parochial preschool or

an Illinois public elementary or secondary school that

qualifies for teacher loan cancellation under Section

465(a)(2)(A) of the federal Higher Education Act of 1965 (20

U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed

eligible for fulfilling the teaching commitment as designated

by the Foundation, and (iii) shall, upon request of the

Foundation, provide the Foundation with evidence that he or

she is fulfilling or has fulfilled the terms of the teaching

agreement provided for in this subsection. Upon request, the

Foundation shall provide evidence of teacher fulfillment to

the Commission.

(j) If a recipient of a scholarship awarded under this

Section fails to fulfill the teaching obligation set forth in

subsection (i) of this Section, the Commission shall require

the recipient to repay the amount of the scholarships

received, prorated according to the fraction of the teaching

obligation not completed, plus interest at a rate of 5% and, if

applicable, reasonable collection fees. Payments received by

the Commission under this subsection (j) shall be remitted to

the State Comptroller for deposit into the General Revenue

Fund, except that that portion of a recipient's repayment that

equals the amount in expenses that the Commission has

reasonably incurred in attempting collection from that

recipient shall be remitted to the State Comptroller for

deposit into the ISAC Accounts Receivable Fund, a special fund

in the State treasury.

(k) A recipient of a scholarship awarded by the Foundation

under this Section shall not be considered to have failed to

fulfill the teaching obligations of the agreement entered into

pursuant to subsection (i) if the recipient (i) enrolls on a

full-time basis as a graduate student in a course of study

related to the field of teaching at an institution of higher

learning; (ii) is serving as a member of the armed services of

the United States; (iii) is a person with a temporary total

disability, as established by sworn affidavit of a qualified

physician; (iv) is seeking and unable to find full-time

employment as a teacher at a school that satisfies the

criteria set forth in subsection (i) and is able to provide

evidence of that fact; (v) is taking additional courses, on at

least a half-time basis, needed to obtain certification as a

teacher in Illinois; (vi) is fulfilling teaching requirements

associated with other programs administered by the Commission

and cannot concurrently fulfill them under this Section in a

period of time equal to the length of the teaching obligation;

or (vii) is participating in a program established under

Executive Order 10924 of the President of the United States or

the federal National Community Service Act of 1990 (42 U.S.C.

12501 et seq.). Any such extension of the period during which

the teaching requirement must be fulfilled shall be subject to

limitations of duration as established by the Commission.

(l) A recipient who fails to fulfill the teaching

obligations of the agreement entered into pursuant to

subsection (i) of this Section shall repay the amount of

scholarship assistance awarded to them under this Section

within 10 years.

(m) Annually, at a time determined by the Commission in

consultation with the Foundation, the Foundation shall submit

a report to assist the Commission in monitoring the

Foundation's performance of grant activities. The report shall

describe the following:

(1) the Foundation's anticipated expenditures for the

next fiscal year;

(2) the number of qualified students receiving

scholarship assistance at each institution of higher

learning where a qualified student was enrolled under this

Section during the previous fiscal year;

(3) the total monetary value of scholarship funds paid

to each institution of higher learning at which a

qualified student was enrolled during the previous fiscal

year;

(4) the number of scholarship recipients who completed

a baccalaureate degree during the previous fiscal year;

(5) the number of scholarship recipients who fulfilled

their teaching obligation during the previous fiscal year;

(6) the number of scholarship recipients who failed to

fulfill their teaching obligation during the previous

fiscal year;

(7) the number of scholarship recipients granted an

extension described in subsection (k) of this Section

during the previous fiscal year;

(8) the number of scholarship recipients required to

repay scholarship assistance in accordance with subsection

(j) of this Section during the previous fiscal year;

(9) the number of scholarship recipients who

successfully repaid scholarship assistance in full during

the previous fiscal year;

(10) the number of scholarship recipients who

defaulted on their obligation to repay scholarship

assistance during the previous fiscal year;

(11) the amount of scholarship assistance subject to

collection in accordance with subsection (j) of this

Section at the end of the previous fiscal year;

(12) the amount of collected funds to be remitted to

the Comptroller in accordance with subsection (j) of this

Section at the end of the previous fiscal year; and

(13) other information that the Commission may

reasonably request.

(n) Nothing in this Section shall affect the rights of the

Commission to collect moneys owed to it by recipients of

scholarship assistance through the Illinois Future Teacher

Corps Program, repealed by Public Act 98-533.

(o) The Auditor General shall prepare an annual audit of

the operations and finances of the Golden Apple Scholars of

Illinois Program. This audit shall be provided to the

Governor, General Assembly, and the Commission.

(p) The suspension of grant making authority found in

Section 4.2 of the Illinois Grant Funds Recovery Act shall not

apply to grants made pursuant to this Section.

(Source: P.A. 102-1071, eff. 6-10-22; 102-1100, eff. 1-1-23;

revised 12-13-22.)

Section 385. The Nursing Education Scholarship Law is

amended by changing Sections 5 and 6.5 as follows:

(110 ILCS 975/5) (from Ch. 144, par. 2755)

Sec. 5. Nursing education scholarships. Beginning with the

fall term of the 2004-2005 academic year, the Department, in

accordance with rules and regulations promulgated by it for

this program, shall provide scholarships to individuals

selected from among those applicants who qualify for

consideration by showing:

(1) that he or she has been a resident of this State

for at least one year prior to application, and is a

citizen or a lawful permanent resident of the United

States;

(2) that he or she is enrolled in or accepted for

admission to an associate degree in nursing program,

hospital-based diploma in nursing program, baccalaureate

degree in nursing program, graduate degree in nursing

program, or practical nursing program at an approved

institution; and

(3) that he or she agrees to meet the nursing

employment obligation.

If in any year the number of qualified applicants exceeds

the number of scholarships to be awarded, the Department

shall, in consultation with the Illinois Nursing Workforce

Center Advisory Board, consider the following factors in

granting priority in awarding scholarships:

(A) Financial need, as shown on a standardized

financial needs assessment form used by an approved

institution, of students who will pursue their education

on a full-time or close to full-time basis and who already

have a certificate in practical nursing, a diploma in

nursing, or an associate degree in nursing and are

pursuing a higher degree.

(B) A student's status as a registered nurse who is

pursuing a graduate degree in nursing to pursue employment

in an approved institution that educates licensed

practical nurses and that educates registered nurses in

undergraduate and graduate nursing programs.

(C) A student's merit, as shown through his or her

grade point average, class rank, and other academic and

extracurricular activities. The Department may add to and

further define these merit criteria by rule.

Unless otherwise indicated, scholarships shall be awarded

to recipients at approved institutions for a period of up to 2

years if the recipient is enrolled in an associate degree in

nursing program, up to 3 years if the recipient is enrolled in

a hospital-based diploma in nursing program, up to 4 years if

the recipient is enrolled in a baccalaureate degree in nursing

program, up to 5 years if the recipient is enrolled in a

graduate degree in nursing program, and up to one year if the

recipient is enrolled in a certificate in practical nursing

program. At least 40% of the scholarships awarded shall be for

recipients who are pursuing baccalaureate degrees in nursing,

30% of the scholarships awarded shall be for recipients who

are pursuing associate degrees in nursing or a diploma in

nursing, 10% of the scholarships awarded shall be for

recipients who are pursuing a certificate in practical

nursing, and 20% of the scholarships awarded shall be for

recipients who are pursuing a graduate degree in nursing.

During the 2021-2022 academic year, subject to

appropriation from the Hospital Licensure Fund, in addition to

any other funds available to the Department for such

scholarships, the Department may award a total of $500,000 in

scholarships under this Section.

(Source: P.A. 102-641, eff. 8-27-21; 102-699, eff. 4-19-22;

102-1030, eff. 5-27-22; revised 8-12-22.)

(110 ILCS 975/6.5)

Sec. 6.5. Nurse educator scholarships.

(a) Beginning with the fall term of the 2009-2010 academic

year, the Department shall provide scholarships to individuals

selected from among those applicants who qualify for

consideration by showing the following:

(1) that he or she has been a resident of this State

for at least one year prior to application and is a citizen

or a lawful permanent resident of the United States;

(2) that he or she is enrolled in or accepted for

admission to a graduate degree in nursing program at an

approved institution; and

(3) that he or she agrees to meet the nurse educator

employment obligation.

(b) If in any year the number of qualified applicants

exceeds the number of scholarships to be awarded under this

Section, the Department shall, in consultation with the

Illinois Nursing Workforce Center Advisory Board, consider the

following factors in granting priority in awarding

scholarships:

(1) Financial need, as shown on a standardized

financial needs assessment form used by an approved

institution, of students who will pursue their education

on a full-time or close to full-time basis and who already

have a diploma in nursing and are pursuing a higher

degree.

(2) A student's status as a registered nurse who is

pursuing a graduate degree in nursing to pursue employment

in an approved institution that educates licensed

practical nurses and that educates registered nurses in

undergraduate and graduate nursing programs.

(3) A student's merit, as shown through his or her

grade point average, class rank, experience as a nurse,

including supervisory experience, experience as a nurse in

the United States military, and other academic and

extracurricular activities.

(c) Unless otherwise indicated, scholarships under this

Section shall be awarded to recipients at approved

institutions for a period of up to 3 years.

(d) Within 12 months after graduation from a graduate

degree in nursing program for nurse educators, any recipient

who accepted a scholarship under this Section shall begin

meeting the required nurse educator employment obligation. In

order to defer his or her continuous employment obligation, a

recipient must request the deferment in writing from the

Department. A recipient shall receive a deferment if he or she

notifies the Department, within 30 days after enlisting, that

he or she is spending up to 4 years in military service. A

recipient shall receive a deferment if he or she notifies the

Department, within 30 days after enrolling, that he or she is

enrolled in an academic program leading to a graduate degree

in nursing. The recipient must begin meeting the required

nurse educator employment obligation no later than 6 months

after the end of the deferment or deferments.

Any person who fails to fulfill the nurse educator

employment obligation shall pay to the Department an amount

equal to the amount of scholarship funds received per year for

each unfulfilled year of the nurse educator employment

obligation, together with interest at 7% per year on the

unpaid balance. Payment must begin within 6 months following

the date of the occurrence initiating the repayment. All

repayments must be completed within 6 years from the date of

the occurrence initiating the repayment. However, this

repayment obligation may be deferred and re-evaluated every 6

months when the failure to fulfill the nurse educator

employment obligation results from involuntarily leaving the

profession due to a decrease in the number of nurses employed

in this State or when the failure to fulfill the nurse educator

employment obligation results from total and permanent

disability. The repayment obligation shall be excused if the

failure to fulfill the nurse educator employment obligation

results from the death or adjudication as incompetent of the

person holding the scholarship. No claim for repayment may be

filed against the estate of such a decedent or incompetent.

The Department may allow a nurse educator employment

obligation fulfillment alternative if the nurse educator

scholarship recipient is unsuccessful in finding work as a

nurse educator. The Department shall maintain a database of

all available nurse educator positions in this State.

(e) Each person applying for a scholarship under this

Section must be provided with a copy of this Section at the

time of application for the benefits of this scholarship.

(f) Rulemaking authority to implement this Act is

conditioned on the rules being adopted in accordance with all

provisions of the Illinois Administrative Procedure Act and

all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 102-699, eff. 4-19-22; 102-1030, eff. 5-27-22;

revised 8-12-22.)

Section 390. The Illinois Banking Act is amended by

changing Section 48 as follows:

(205 ILCS 5/48)

Sec. 48. Secretary's powers; duties. The Secretary shall

have the powers and authority, and is charged with the duties

and responsibilities designated in this Act, and a State bank

shall not be subject to any other visitorial power other than

as authorized by this Act, except those vested in the courts,

or upon prior consultation with the Secretary, a foreign bank

regulator with an appropriate supervisory interest in the

parent or affiliate of a State state bank. In the performance

of the Secretary's duties:

(1) The Commissioner shall call for statements from

all State banks as provided in Section 47 at least one time

during each calendar quarter.

(2) (a) The Commissioner, as often as the Commissioner

shall deem necessary or proper, and no less frequently

than 18 months following the preceding examination, shall

appoint a suitable person or persons to make an

examination of the affairs of every State bank, except

that for every eligible State bank, as defined by

regulation, the Commissioner in lieu of the examination

may accept on an alternating basis the examination made by

the eligible State bank's appropriate federal banking

agency pursuant to Section 111 of the Federal Deposit

Insurance Corporation Improvement Act of 1991, provided

the appropriate federal banking agency has made such an

examination. A person so appointed shall not be a

stockholder or officer or employee of any bank which that

person may be directed to examine, and shall have powers

to make a thorough examination into all the affairs of the

bank and in so doing to examine any of the officers or

agents or employees thereof on oath and shall make a full

and detailed report of the condition of the bank to the

Commissioner. In making the examination the examiners

shall include an examination of the affairs of all the

affiliates of the bank, as defined in subsection (b) of

Section 35.2 of this Act, or subsidiaries of the bank as

shall be necessary to disclose fully the conditions of the

subsidiaries or affiliates, the relations between the bank

and the subsidiaries or affiliates and the effect of those

relations upon the affairs of the bank, and in connection

therewith shall have power to examine any of the officers,

directors, agents, or employees of the subsidiaries or

affiliates on oath. After May 31, 1997, the Commissioner

may enter into cooperative agreements with state

regulatory authorities of other states to provide for

examination of State bank branches in those states, and

the Commissioner may accept reports of examinations of

State bank branches from those state regulatory

authorities. These cooperative agreements may set forth

the manner in which the other state regulatory authorities

may be compensated for examinations prepared for and

submitted to the Commissioner.

(b) After May 31, 1997, the Commissioner is authorized

to examine, as often as the Commissioner shall deem

necessary or proper, branches of out-of-state banks. The

Commissioner may establish and may assess fees to be paid

to the Commissioner for examinations under this subsection

(b). The fees shall be borne by the out-of-state bank,

unless the fees are borne by the state regulatory

authority that chartered the out-of-state bank, as

determined by a cooperative agreement between the

Commissioner and the state regulatory authority that

chartered the out-of-state bank.

(2.1) Pursuant to paragraph (a) of subsection (6) of

this Section, the Secretary shall adopt rules that ensure

consistency and due process in the examination process.

The Secretary may also establish guidelines that (i)

define the scope of the examination process and (ii)

clarify examination items to be resolved. The rules,

formal guidance, interpretive letters, or opinions

furnished to State banks by the Secretary may be relied

upon by the State banks.

(2.5) Whenever any State bank, any subsidiary or

affiliate of a State bank, or after May 31, 1997, any

branch of an out-of-state bank causes to be performed, by

contract or otherwise, any bank services for itself,

whether on or off its premises:

(a) that performance shall be subject to

examination by the Commissioner to the same extent as

if services were being performed by the bank or, after

May 31, 1997, branch of the out-of-state bank itself

on its own premises; and

(b) the bank or, after May 31, 1997, branch of the

out-of-state bank shall notify the Commissioner of the

existence of a service relationship. The notification

shall be submitted with the first statement of

condition (as required by Section 47 of this Act) due

after the making of the service contract or the

performance of the service, whichever occurs first.

The Commissioner shall be notified of each subsequent

contract in the same manner.

For purposes of this subsection (2.5), the term "bank

services" means services such as sorting and posting of

checks and deposits, computation and posting of interest

and other credits and charges, preparation and mailing of

checks, statements, notices, and similar items, or any

other clerical, bookkeeping, accounting, statistical, or

similar functions performed for a State bank, including,

but not limited to, electronic data processing related to

those bank services.

(3) The expense of administering this Act, including

the expense of the examinations of State banks as provided

in this Act, shall to the extent of the amounts resulting

from the fees provided for in paragraphs (a), (a-2), and

(b) of this subsection (3) be assessed against and borne

by the State banks:

(a) Each bank shall pay to the Secretary a Call

Report Fee which shall be paid in quarterly

installments equal to one-fourth of the sum of the

annual fixed fee of $800, plus a variable fee based on

the assets shown on the quarterly statement of

condition delivered to the Secretary in accordance

with Section 47 for the preceding quarter according to

the following schedule: 16¢ per $1,000 of the first

$5,000,000 of total assets, 15¢ per $1,000 of the next

$20,000,000 of total assets, 13¢ per $1,000 of the

next $75,000,000 of total assets, 9¢ per $1,000 of the

next $400,000,000 of total assets, 7¢ per $1,000 of

the next $500,000,000 of total assets, and 5¢ per

$1,000 of all assets in excess of $1,000,000,000, of

the State bank. The Call Report Fee shall be

calculated by the Secretary and billed to the banks

for remittance at the time of the quarterly statements

of condition provided for in Section 47. The Secretary

may require payment of the fees provided in this

Section by an electronic transfer of funds or an

automatic debit of an account of each of the State

banks. In case more than one examination of any bank is

deemed by the Secretary to be necessary in any

examination frequency cycle specified in subsection

2(a) of this Section, and is performed at his

direction, the Secretary may assess a reasonable

additional fee to recover the cost of the additional

examination. In lieu of the method and amounts set

forth in this paragraph (a) for the calculation of the

Call Report Fee, the Secretary may specify by rule

that the Call Report Fees provided by this Section may

be assessed semiannually or some other period and may

provide in the rule the formula to be used for

calculating and assessing the periodic Call Report

Fees to be paid by State banks.

(a-1) If in the opinion of the Commissioner an

emergency exists or appears likely, the Commissioner

may assign an examiner or examiners to monitor the

affairs of a State bank with whatever frequency he

deems appropriate, including, but not limited to, a

daily basis. The reasonable and necessary expenses of

the Commissioner during the period of the monitoring

shall be borne by the subject bank. The Commissioner

shall furnish the State bank a statement of time and

expenses if requested to do so within 30 days of the

conclusion of the monitoring period.

(a-2) On and after January 1, 1990, the reasonable

and necessary expenses of the Commissioner during

examination of the performance of electronic data

processing services under subsection (2.5) shall be

borne by the banks for which the services are

provided. An amount, based upon a fee structure

prescribed by the Commissioner, shall be paid by the

banks or, after May 31, 1997, branches of out-of-state

banks receiving the electronic data processing

services along with the Call Report Fee assessed under

paragraph (a) of this subsection (3).

(a-3) After May 31, 1997, the reasonable and

necessary expenses of the Commissioner during

examination of the performance of electronic data

processing services under subsection (2.5) at or on

behalf of branches of out-of-state banks shall be

borne by the out-of-state banks, unless those expenses

are borne by the state regulatory authorities that

chartered the out-of-state banks, as determined by

cooperative agreements between the Commissioner and

the state regulatory authorities that chartered the

out-of-state banks.

(b) "Fiscal year" for purposes of this Section 48

is defined as a period beginning July 1 of any year and

ending June 30 of the next year. The Commissioner

shall receive for each fiscal year, commencing with

the fiscal year ending June 30, 1987, a contingent fee

equal to the lesser of the aggregate of the fees paid

by all State banks under paragraph (a) of subsection

(3) for that year, or the amount, if any, whereby the

aggregate of the administration expenses, as defined

in paragraph (c), for that fiscal year exceeds the sum

of the aggregate of the fees payable by all State banks

for that year under paragraph (a) of subsection (3),

plus any amounts transferred into the Bank and Trust

Company Fund from the State Pensions Fund for that

year, plus all other amounts collected by the

Commissioner for that year under any other provision

of this Act, plus the aggregate of all fees collected

for that year by the Commissioner under the Corporate

Fiduciary Act, excluding the receivership fees

provided for in Section 5-10 of the Corporate

Fiduciary Act, and the Foreign Banking Office Act. The

aggregate amount of the contingent fee thus arrived at

for any fiscal year shall be apportioned among

amongst, assessed upon, and paid by the State banks

and foreign banking corporations, respectively, in the

same proportion that the fee of each under paragraph

(a) of subsection (3), respectively, for that year

bears to the aggregate for that year of the fees

collected under paragraph (a) of subsection (3). The

aggregate amount of the contingent fee, and the

portion thereof to be assessed upon each State bank

and foreign banking corporation, respectively, shall

be determined by the Commissioner and shall be paid by

each, respectively, within 120 days of the close of

the period for which the contingent fee is computed

and is payable, and the Commissioner shall give 20

days' advance notice of the amount of the contingent

fee payable by the State bank and of the date fixed by

the Commissioner for payment of the fee.

(c) The "administration expenses" for any fiscal

year shall mean the ordinary and contingent expenses

for that year incident to making the examinations

provided for by, and for otherwise administering, this

Act, the Corporate Fiduciary Act, excluding the

expenses paid from the Corporate Fiduciary

Receivership account in the Bank and Trust Company

Fund, the Foreign Banking Office Act, the Electronic

Fund Transfer Act, and the Illinois Bank Examiners'

Education Foundation Act, including all salaries and

other compensation paid for personal services rendered

for the State by officers or employees of the State,

including the Commissioner and the Deputy

Commissioners, communication equipment and services,

office furnishings, surety bond premiums, and travel

expenses of those officers and employees, employees,

expenditures or charges for the acquisition,

enlargement or improvement of, or for the use of, any

office space, building, or structure, or expenditures

for the maintenance thereof or for furnishing heat,

light, or power with respect thereto, all to the

extent that those expenditures are directly incidental

to such examinations or administration. The

Commissioner shall not be required by paragraph

paragraphs (c) or (d-1) of this subsection (3) to

maintain in any fiscal year's budget appropriated

reserves for accrued vacation and accrued sick leave

that is required to be paid to employees of the

Commissioner upon termination of their service with

the Commissioner in an amount that is more than is

reasonably anticipated to be necessary for any

anticipated turnover in employees, whether due to

normal attrition or due to layoffs, terminations, or

resignations.

(d) The aggregate of all fees collected by the

Secretary under this Act, the Corporate Fiduciary Act,

or the Foreign Banking Office Act on and after July 1,

1979, shall be paid promptly after receipt of the

same, accompanied by a detailed statement thereof,

into the State treasury and shall be set apart in a

special fund to be known as the "Bank and Trust Company

Fund", except as provided in paragraph (c) of

subsection (11) of this Section. All earnings received

from investments of funds in the Bank and Trust

Company Fund shall be deposited into in the Bank and

Trust Company Fund and may be used for the same

purposes as fees deposited into in that Fund. The

amount from time to time deposited into the Bank and

Trust Company Fund shall be used: (i) to offset the

ordinary administrative expenses of the Secretary as

defined in this Section or (ii) as a credit against

fees under paragraph (d-1) of this subsection (3).

Nothing in Public Act 81-131 shall prevent continuing

the practice of paying expenses involving salaries,

retirement, social security, and State-paid insurance

premiums of State officers by appropriations from the

General Revenue Fund. However, the General Revenue

Fund shall be reimbursed for those payments made on

and after July 1, 1979, by an annual transfer of funds

from the Bank and Trust Company Fund. Moneys in the

Bank and Trust Company Fund may be transferred to the

Professions Indirect Cost Fund, as authorized under

Section 2105-300 of the Department of Professional

Regulation Law of the Civil Administrative Code of

Illinois.

Notwithstanding provisions in the State Finance

Act, as now or hereafter amended, or any other law to

the contrary, the Governor may, during any fiscal year

through January 10, 2011, from time to time direct the

State Treasurer and Comptroller to transfer a

specified sum not exceeding 10% of the revenues to be

deposited into the Bank and Trust Company Fund during

that fiscal year from that Fund to the General Revenue

Fund in order to help defray the State's operating

costs for the fiscal year. Notwithstanding provisions

in the State Finance Act, as now or hereafter amended,

or any other law to the contrary, the total sum

transferred during any fiscal year through January 10,

2011, from the Bank and Trust Company Fund to the

General Revenue Fund pursuant to this provision shall

not exceed during any fiscal year 10% of the revenues

to be deposited into the Bank and Trust Company Fund

during that fiscal year. The State Treasurer and

Comptroller shall transfer the amounts designated

under this Section as soon as may be practicable after

receiving the direction to transfer from the Governor.

(d-1) Adequate funds shall be available in the

Bank and Trust Company Fund to permit the timely

payment of administration expenses. In each fiscal

year the total administration expenses shall be

deducted from the total fees collected by the

Commissioner and the remainder transferred into the

Cash Flow Reserve Account, unless the balance of the

Cash Flow Reserve Account prior to the transfer equals

or exceeds one-fourth of the total initial

appropriations from the Bank and Trust Company Fund

for the subsequent year, in which case the remainder

shall be credited to State banks and foreign banking

corporations and applied against their fees for the

subsequent year. The amount credited to each State

bank and foreign banking corporation shall be in the

same proportion as the Call Report Fees paid by each

for the year bear to the total Call Report Fees

collected for the year. If, after a transfer to the

Cash Flow Reserve Account is made or if no remainder is

available for transfer, the balance of the Cash Flow

Reserve Account is less than one-fourth of the total

initial appropriations for the subsequent year and the

amount transferred is less than 5% of the total Call

Report Fees for the year, additional amounts needed to

make the transfer equal to 5% of the total Call Report

Fees for the year shall be apportioned among amongst,

assessed upon, and paid by the State banks and foreign

banking corporations in the same proportion that the

Call Report Fees of each, respectively, for the year

bear to the total Call Report Fees collected for the

year. The additional amounts assessed shall be

transferred into the Cash Flow Reserve Account. For

purposes of this paragraph (d-1), the calculation of

the fees collected by the Commissioner shall exclude

the receivership fees provided for in Section 5-10 of

the Corporate Fiduciary Act.

(e) The Commissioner may upon request certify to

any public record in his keeping and shall have

authority to levy a reasonable charge for issuing

certifications of any public record in his keeping.

(f) In addition to fees authorized elsewhere in

this Act, the Commissioner may, in connection with a

review, approval, or provision of a service, levy a

reasonable charge to recover the cost of the review,

approval, or service.

(4) Nothing contained in this Act shall be construed

to limit the obligation relative to examinations and

reports of any State bank, deposits in which are to any

extent insured by the United States or any agency thereof,

nor to limit in any way the powers of the Commissioner with

reference to examinations and reports of that bank.

(5) The nature and condition of the assets in or

investment of any bonus, pension, or profit sharing plan

for officers or employees of every State bank or, after

May 31, 1997, branch of an out-of-state bank shall be

deemed to be included in the affairs of that State bank or

branch of an out-of-state bank subject to examination by

the Commissioner under the provisions of subsection (2) of

this Section, and if the Commissioner shall find from an

examination that the condition of or operation of the

investments or assets of the plan is unlawful, fraudulent,

or unsafe, or that any trustee has abused his trust, the

Commissioner shall, if the situation so found by the

Commissioner shall not be corrected to his satisfaction

within 60 days after the Commissioner has given notice to

the board of directors of the State bank or out-of-state

bank of his findings, report the facts to the Attorney

General who shall thereupon institute proceedings against

the State bank or out-of-state bank, the board of

directors thereof, or the trustees under such plan as the

nature of the case may require.

(6) The Commissioner shall have the power:

(a) To promulgate reasonable rules for the purpose

of administering the provisions of this Act.

(a-5) To impose conditions on any approval issued

by the Commissioner if he determines that the

conditions are necessary or appropriate. These

conditions shall be imposed in writing and shall

continue in effect for the period prescribed by the

Commissioner.

(b) To issue orders against any person, if the

Commissioner has reasonable cause to believe that an

unsafe or unsound banking practice has occurred, is

occurring, or is about to occur, if any person has

violated, is violating, or is about to violate any

law, rule, or written agreement with the Commissioner,

or for the purpose of administering the provisions of

this Act and any rule promulgated in accordance with

this Act.

(b-1) To enter into agreements with a bank

establishing a program to correct the condition of the

bank or its practices.

(c) To appoint hearing officers to execute any of

the powers granted to the Commissioner under this

Section for the purpose of administering this Act and

any rule promulgated in accordance with this Act and

otherwise to authorize, in writing, an officer or

employee of the Office of Banks and Real Estate to

exercise his powers under this Act.

(d) To subpoena witnesses, to compel their

attendance, to administer an oath, to examine any

person under oath, and to require the production of

any relevant books, papers, accounts, and documents in

the course of and pursuant to any investigation being

conducted, or any action being taken, by the

Commissioner in respect of any matter relating to the

duties imposed upon, or the powers vested in, the

Commissioner under the provisions of this Act or any

rule promulgated in accordance with this Act.

(e) To conduct hearings.

(7) Whenever, in the opinion of the Secretary, any

director, officer, employee, or agent of a State bank or

any subsidiary or bank holding company of the bank or,

after May 31, 1997, of any branch of an out-of-state bank

or any subsidiary or bank holding company of the bank

shall have violated any law, rule, or order relating to

that bank or any subsidiary or bank holding company of the

bank, shall have obstructed or impeded any examination or

investigation by the Secretary, shall have engaged in an

unsafe or unsound practice in conducting the business of

that bank or any subsidiary or bank holding company of the

bank, or shall have violated any law or engaged or

participated in any unsafe or unsound practice in

connection with any financial institution or other

business entity such that the character and fitness of the

director, officer, employee, or agent does not assure

reasonable promise of safe and sound operation of the

State bank, the Secretary may issue an order of removal.

If, in the opinion of the Secretary, any former director,

officer, employee, or agent of a State bank or any

subsidiary or bank holding company of the bank, prior to

the termination of his or her service with that bank or any

subsidiary or bank holding company of the bank, violated

any law, rule, or order relating to that State bank or any

subsidiary or bank holding company of the bank, obstructed

or impeded any examination or investigation by the

Secretary, engaged in an unsafe or unsound practice in

conducting the business of that bank or any subsidiary or

bank holding company of the bank, or violated any law or

engaged or participated in any unsafe or unsound practice

in connection with any financial institution or other

business entity such that the character and fitness of the

director, officer, employee, or agent would not have

assured reasonable promise of safe and sound operation of

the State bank, the Secretary may issue an order

prohibiting that person from further service with a bank

or any subsidiary or bank holding company of the bank as a

director, officer, employee, or agent. An order issued

pursuant to this subsection shall be served upon the

director, officer, employee, or agent. A copy of the order

shall be sent to each director of the bank affected by

registered mail. A copy of the order shall also be served

upon the bank of which he is a director, officer,

employee, or agent, whereupon he shall cease to be a

director, officer, employee, or agent of that bank. The

Secretary may institute a civil action against the

director, officer, or agent of the State bank or, after

May 31, 1997, of the branch of the out-of-state bank

against whom any order provided for by this subsection (7)

of this Section 48 has been issued, and against the State

bank or, after May 31, 1997, out-of-state bank, to enforce

compliance with or to enjoin any violation of the terms of

the order. Any person who has been the subject of an order

of removal or an order of prohibition issued by the

Secretary under this subsection or Section 5-6 of the

Corporate Fiduciary Act may not thereafter serve as

director, officer, employee, or agent of any State bank or

of any branch of any out-of-state bank, or of any

corporate fiduciary, as defined in Section 1-5.05 of the

Corporate Fiduciary Act, or of any other entity that is

subject to licensure or regulation by the Division of

Banking unless the Secretary has granted prior approval in

writing.

For purposes of this paragraph (7), "bank holding

company" has the meaning prescribed in Section 2 of the

Illinois Bank Holding Company Act of 1957.

(7.5) Notwithstanding the provisions of this Section,

the Secretary shall not:

(1) issue an order against a State bank or any

subsidiary organized under this Act for unsafe or

unsound banking practices solely because the entity

provides or has provided financial services to a

cannabis-related legitimate business;

(2) prohibit, penalize, or otherwise discourage a

State bank or any subsidiary from providing financial

services to a cannabis-related legitimate business

solely because the entity provides or has provided

financial services to a cannabis-related legitimate

business;

(3) recommend, incentivize, or encourage a State

bank or any subsidiary not to offer financial services

to an account holder or to downgrade or cancel the

financial services offered to an account holder solely

because:

(A) the account holder is a manufacturer or

producer, or is the owner, operator, or employee

of a cannabis-related legitimate business;

(B) the account holder later becomes an owner

or operator of a cannabis-related legitimate

business; or

(C) the State bank or any subsidiary was not

aware that the account holder is the owner or

operator of a cannabis-related legitimate

business; and

(4) take any adverse or corrective supervisory

action on a loan made to an owner or operator of:

(A) a cannabis-related legitimate business

solely because the owner or operator owns or

operates a cannabis-related legitimate business;

or

(B) real estate or equipment that is leased to

a cannabis-related legitimate business solely

because the owner or operator of the real estate

or equipment leased the equipment or real estate

to a cannabis-related legitimate business.

(8) The Commissioner may impose civil penalties of up

to $100,000 against any person for each violation of any

provision of this Act, any rule promulgated in accordance

with this Act, any order of the Commissioner, or any other

action which in the Commissioner's discretion is an unsafe

or unsound banking practice.

(9) The Commissioner may impose civil penalties of up

to $100 against any person for the first failure to comply

with reporting requirements set forth in the report of

examination of the bank and up to $200 for the second and

subsequent failures to comply with those reporting

requirements.

(10) All final administrative decisions of the

Commissioner hereunder shall be subject to judicial review

pursuant to the provisions of the Administrative Review

Law. For matters involving administrative review, venue

shall be in either Sangamon County or Cook County.

(11) The endowment fund for the Illinois Bank

Examiners' Education Foundation shall be administered as

follows:

(a) (Blank).

(b) The Foundation is empowered to receive

voluntary contributions, gifts, grants, bequests, and

donations on behalf of the Illinois Bank Examiners'

Education Foundation from national banks and other

persons for the purpose of funding the endowment of

the Illinois Bank Examiners' Education Foundation.

(c) The aggregate of all special educational fees

collected by the Secretary and property received by

the Secretary on behalf of the Illinois Bank

Examiners' Education Foundation under this subsection

(11) on or after June 30, 1986, shall be either (i)

promptly paid after receipt of the same, accompanied

by a detailed statement thereof, into the State

treasury Treasury and shall be set apart in a special

fund to be known as the "The Illinois Bank Examiners'

Education Fund" to be invested by either the Treasurer

of the State of Illinois in the Public Treasurers'

Investment Pool or in any other investment he is

authorized to make or by the Illinois State Board of

Investment as the State Banking Board of Illinois may

direct or (ii) deposited into an account maintained in

a commercial bank or corporate fiduciary in the name

of the Illinois Bank Examiners' Education Foundation

pursuant to the order and direction of the Board of

Trustees of the Illinois Bank Examiners' Education

Foundation.

(12) (Blank).

(13) The Secretary may borrow funds from the General

Revenue Fund on behalf of the Bank and Trust Company Fund

if the Director of Banking certifies to the Governor that

there is an economic emergency affecting banking that

requires a borrowing to provide additional funds to the

Bank and Trust Company Fund. The borrowed funds shall be

paid back within 3 years and shall not exceed the total

funding appropriated to the Agency in the previous year.

(14) In addition to the fees authorized in this Act,

the Secretary may assess reasonable receivership fees

against any State bank that does not maintain insurance

with the Federal Deposit Insurance Corporation. All fees

collected under this subsection (14) shall be paid into

the Non-insured Institutions Receivership account in the

Bank and Trust Company Fund, as established by the

Secretary. The fees assessed under this subsection (14)

shall provide for the expenses that arise from the

administration of the receivership of any such institution

required to pay into the Non-insured Institutions

Receivership account, whether pursuant to this Act, the

Corporate Fiduciary Act, the Foreign Banking Office Act,

or any other Act that requires payments into the

Non-insured Institutions Receivership account. The

Secretary may establish by rule a reasonable manner of

assessing fees under this subsection (14).

(Source: P.A. 101-27, eff. 6-25-19; 101-275, eff. 8-9-19;

102-558, eff. 8-20-21; revised 2-28-22.)

Section 395. The Illinois Credit Union Act is amended by

changing Sections 8, 19, 20, and 59 as follows:

(205 ILCS 305/8) (from Ch. 17, par. 4409)

Sec. 8. Secretary's powers and duties. Credit unions are

regulated by the Department. The Secretary in executing the

powers and discharging the duties vested by law in the

Department has the following powers and duties:

(1) To exercise the rights, powers, and duties set

forth in this Act or any related Act. The Director shall

oversee the functions of the Division and report to the

Secretary, with respect to the Director's exercise of any

of the rights, powers, and duties vested by law in the

Secretary under this Act. All references in this Act to

the Secretary shall be deemed to include the Director, as

a person authorized by the Secretary or this Act to assume

responsibility for the oversight of the functions of the

Department relating to the regulatory supervision of

credit unions under this Act.

(2) To prescribe rules and regulations for the

administration of this Act. The provisions of the Illinois

Administrative Procedure Act are hereby expressly adopted

and incorporated herein as though a part of this Act, and

shall apply to all administrative rules and procedures of

the Department under this Act.

(3) To direct and supervise all the administrative and

technical activities of the Department including the

employment of a Credit Union Supervisor who shall have

knowledge in the theory and practice of, or experience in,

the operations or supervision of financial institutions,

preferably credit unions, and such other persons as are

necessary to carry out his functions. The Secretary shall

ensure that all examiners appointed or assigned to examine

the affairs of State-chartered credit unions possess the

necessary training and continuing education to effectively

execute their jobs.

(4) To issue cease and desist orders when in the

opinion of the Secretary, a credit union is engaged or has

engaged, or the Secretary has reasonable cause to believe

the credit union is about to engage, in an unsafe or

unsound practice, or is violating or has violated or the

Secretary has reasonable cause to believe is about to

violate a law, rule, or regulation or any condition

imposed in writing by the Department.

(5) To suspend from office and to prohibit from

further participation in any manner in the conduct of the

affairs of any credit union any director, officer, or

committee member who has committed any violation of a law,

rule, or regulation or of a cease and desist order or who

has engaged or participated in any unsafe or unsound

practice in connection with the credit union or who has

committed or engaged in any act, omission, or practice

which constitutes a breach of his fiduciary duty as such

director, officer, or committee member, when the Secretary

has determined that such action or actions have resulted

or will result in substantial financial loss or other

damage that seriously prejudices the interests of the

members.

(6) To assess a civil penalty against a credit union

provided that:

(A) the Secretary reasonably determines, based on

objective facts and an accurate assessment of

applicable legal standards, that the credit union has:

(i) committed a violation of this Act, any

rule adopted in accordance with this Act, or any

order of the Secretary issued pursuant to his or

her authority under this Act; or

(ii) engaged or participated in any unsafe or

unsound practice;

(B) before a civil penalty is assessed under this

item (6), the Secretary must make the further

reasonable determination, based on objective facts and

an accurate assessment of applicable legal standards,

that the credit union's action constituting a

violation under subparagraph (i) of paragraph (A) of

this item (6) or an unsafe and unsound practice under

subparagraph (ii) of paragraph (A) of this item (6):

(i) directly resulted in a substantial and

material financial loss or created a reasonable

probability that a substantial and material

financial loss will directly result; or

(ii) constituted willful misconduct or a

material breach of fiduciary duty of any director,

officer, or committee member of the credit union;

Material financial loss, as referenced in this

paragraph (B), shall be assessed in light of

surrounding circumstances and the relative size and

nature of the financial loss or probable financial

loss. Certain benchmarks shall be used in determining

whether financial loss is material, such as a

percentage of total assets or total gross income for

the immediately preceding 12-month period. Absent

compelling and extraordinary circumstances, no civil

penalty shall be assessed, unless the financial loss

or probable financial loss is equal to or greater than

either 1% of the credit union's total assets for the

immediately preceding 12-month period, or 1% of the

credit union's total gross income for the immediately

preceding 12-month period, whichever is less;

(C) before a civil penalty is assessed under this

item (6), the credit union must be expressly advised

in writing of the:

(i) specific violation that could subject it

to a penalty under this item (6); and

(ii) specific remedial action to be taken

within a specific and reasonable time frame to

avoid imposition of the penalty;

(D) civil Civil penalties assessed under this item

(6) shall be remedial, not punitive, and reasonably

tailored to ensure future compliance by the credit

union with the provisions of this Act and any rules

adopted pursuant to this Act;

(E) a credit union's failure to take timely

remedial action with respect to the specific violation

may result in the issuance of an order assessing a

civil penalty up to the following maximum amount,

based upon the total assets of the credit union:

(i) Credit unions with assets of less than $10

million................................................$1,000

(ii) Credit unions with assets of at least $10

million and less than $50 million......................$2,500

(iii) Credit unions with assets of at least

$50 million and less than $100 million.................$5,000

(iv) Credit unions with assets of at least

$100 million and less than $500 million...............$10,000

(v) Credit unions with assets of at least $500

million and less than $1 billion......................$25,000

(vi) Credit unions with assets of $1 billion

and greater.....................................$50,000; and

(F) an order assessing a civil penalty under this

item (6) shall take effect upon service of the order,

unless the credit union makes a written request for a

hearing under 38 Ill. IL. Adm. Code 190.20 of the

Department's rules for credit unions within 90 days

after issuance of the order; in that event, the order

shall be stayed until a final administrative order is

entered.

This item (6) shall not apply to violations separately

addressed in rules as authorized under item (7) of this

Section.

(7) Except for the fees established in this Act, to

prescribe, by rule and regulation, fees and penalties for

preparing, approving, and filing reports and other

documents; furnishing transcripts; holding hearings;

investigating applications for permission to organize,

merge, or convert; failure to maintain accurate books and

records to enable the Department to conduct an

examination; and taking supervisory actions.

(8) To destroy, in his discretion, any or all books

and records of any credit union in his possession or under

his control after the expiration of three years from the

date of cancellation of the charter of such credit unions.

(9) To make investigations and to conduct research and

studies and to publish some of the problems of persons in

obtaining credit at reasonable rates of interest and of

the methods and benefits of cooperative saving and lending

for such persons.

(10) To authorize, foster, or establish experimental,

developmental, demonstration, or pilot projects by public

or private organizations including credit unions which:

(a) promote more effective operation of credit

unions so as to provide members an opportunity to use

and control their own money to improve their economic

and social conditions; or

(b) are in the best interests of credit unions,

their members and the people of the State of Illinois.

(11) To cooperate in studies, training, or other

administrative activities with, but not limited to, the

NCUA, other state credit union regulatory agencies and

industry trade associations in order to promote more

effective and efficient supervision of Illinois chartered

credit unions.

(12) Notwithstanding the provisions of this Section,

the Secretary shall not:

(1) issue an order against a credit union

organized under this Act for unsafe or unsound banking

practices solely because the entity provides or has

provided financial services to a cannabis-related

legitimate business;

(2) prohibit, penalize, or otherwise discourage a

credit union from providing financial services to a

cannabis-related legitimate business solely because

the entity provides or has provided financial services

to a cannabis-related legitimate business;

(3) recommend, incentivize, or encourage a credit

union not to offer financial services to an account

holder or to downgrade or cancel the financial

services offered to an account holder solely because:

(A) the account holder is a manufacturer or

producer, or is the owner, operator, or employee

of a cannabis-related legitimate business;

(B) the account holder later becomes an owner

or operator of a cannabis-related legitimate

business; or

(C) the credit union was not aware that the

account holder is the owner or operator of a

cannabis-related legitimate business; and

(4) take any adverse or corrective supervisory

action on a loan made to an owner or operator of:

(A) a cannabis-related legitimate business

solely because the owner or operator owns or

operates a cannabis-related legitimate business;

or

(B) real estate or equipment that is leased to

a cannabis-related legitimate business solely

because the owner or operator of the real estate

or equipment leased the equipment or real estate

to a cannabis-related legitimate business.

(Source: P.A. 101-27, eff. 6-25-19; 102-858, eff. 5-13-22;

revised 8-19-22.)

(205 ILCS 305/19) (from Ch. 17, par. 4420)

Sec. 19. Meeting of members.

(1)(a) The annual meeting shall be held each year during

the months of January, February or March or such other month as

may be approved by the Department. The meeting shall be held at

the time, place and in the manner set forth in the bylaws. Any

special meetings of the members of the credit union shall be

held at the time, place and in the manner set forth in the

bylaws. Unless otherwise set forth in this Act, quorum

requirements for meetings of members shall be established by a

credit union in its bylaws. Notice of all meetings must be

given by the secretary of the credit union at least 7 days

before the date of such meeting, either by handing a written or

printed notice to each member of the credit union, by mailing

the notice to the member at his address as listed on the books

and records of the credit union, by posting a notice of the

meeting in three conspicuous places, including the office of

the credit union, by posting the notice of the meeting on the

credit union's website, or by disclosing the notice of the

meeting in membership newsletters or account statements.

(b) Unless expressly prohibited by the articles of

incorporation or bylaws and subject to applicable requirements

of this Act, the board of directors may provide by resolution

that members may attend, participate in, act in, and vote at

any annual meeting or special meeting through the use of a

conference telephone or interactive technology, including, but

not limited to, electronic transmission, internet usage, or

remote communication, by means of which all persons

participating in the meeting can communicate with each other.

Participation through the use of a conference telephone or

interactive technology shall constitute attendance, presence,

and representation in person at the annual meeting or special

meeting of the person or persons so participating and count

towards the quorum required to conduct business at the

meeting. The following conditions shall apply to any virtual

meeting of the members:

(i) the credit union must internally possess or retain

the technological capacity to facilitate virtual meeting

attendance, participation, communication, and voting; and

(ii) the members must receive notice of the use of a

virtual meeting format and appropriate instructions for

joining, participating, and voting during the virtual

meeting at least 7 days before the virtual meeting.

(2) On all questions and at all elections, except election

of directors, each member has one vote regardless of the

number of his shares. There shall be no voting by proxy except

on the election of directors, proposals for merger or

voluntary dissolution. Members may vote on questions,

including, without limitation, the approval of mergers and

voluntary dissolutions under this Act, and in elections by

electronic record if approved by the board of directors. All

voting on the election of directors shall be by ballot, but

when there is no contest, written or electronic ballots need

not be cast. The record date to be used for the purpose of

determining which members are entitled to notice of or to vote

at any meeting of members, may be fixed in advance by the

directors on a date not more than 90 days nor less than 10 days

prior to the date of the meeting. If no record date is fixed by

the directors, the first day on which notice of the meeting is

given, mailed or posted is the record date.

(3) Regardless of the number of shares owned by a society,

association, club, partnership, other credit union or

corporation, having membership in the credit union, it shall

be entitled to only one vote and it may be represented and have

its vote cast by its designated agent acting on its behalf

pursuant to a resolution adopted by the organization's board

of directors or similar governing authority; provided that the

credit union shall obtain a certified copy of such resolution

before such vote may be cast.

(4) A member may revoke a proxy by delivery to the credit

union of a written statement to that effect, by execution of a

subsequently dated proxy, by execution of an electronic

record, or by attendance at a meeting and voting in person.

(5) The use of electronic records for member voting

pursuant to this Section shall employ a security procedure

that meets the attribution criteria set forth in Section 9 of

the Uniform Electronic Transactions Act.

(6) As used in this Section, "electronic", "electronic

record", and "security procedure" have the meanings ascribed

to those terms in the Uniform Electronic Transactions Act. the

(Source: P.A. 102-38, eff. 6-25-21; 102-496, eff. 8-20-21;

102-774, eff. 5-13-22; 102-813, eff. 5-13-22; revised 8-3-22.)

(205 ILCS 305/20) (from Ch. 17, par. 4421)

Sec. 20. Election or appointment of officials.

(1) The credit union shall be directed by a board of

directors consisting of no less than 7 in number, to be elected

at the annual meeting by and from the members. Directors shall

hold office until the next annual meeting, unless their terms

are staggered. Upon amendment of its bylaws, a credit union

may divide the directors into 2 or 3 classes with each class as

nearly equal in number as possible. The term of office of the

directors of the first class shall expire at the first annual

meeting after their election, that of the second class shall

expire at the second annual meeting after their election, and

that of the third class, if any, shall expire at the third

annual meeting after their election. At each annual meeting

after the classification, the number of directors equal to the

number of directors whose terms expire at the time of the

meeting shall be elected to hold office until the second

succeeding annual meeting if there are 2 classes or until the

third succeeding annual meeting if there are 3 classes. A

director shall hold office for the term for which he or she is

elected and until his or her successor is elected and

qualified.

(1.5) Except as provided in subsection (1.10), in all

elections for directors, every member has the right to vote,

in person, by proxy, or by electronic record if approved by the

board of directors, the number of shares owned by him, or in

the case of a member other than a natural person, the member's

one vote, for as many persons as there are directors to be

elected, or to cumulate such shares, and give one candidate as

many votes as the number of directors multiplied by the number

of his shares equals, or to distribute them on the same

principle among as many candidates as he may desire and the

directors shall not be elected in any other manner. Shares

held in a joint account owned by more than one member may be

voted by any one of the members, however, the number of

cumulative votes cast may not exceed a total equal to the

number of shares multiplied by the number of directors to be

elected. A majority of the shares entitled to vote shall be

represented either in person or by proxy for the election of

directors. Each director shall wholly take and subscribe to an

oath that he will diligently and honestly perform his duties

in administering the affairs of the credit union, that while

he may delegate to another the performance of those

administrative duties he is not thereby relieved from his

responsibility for their performance, that he will not

knowingly violate or permit to be violated any law applicable

to the credit union, and that he is the owner of at least one

share of the credit union.

(1.10) Upon amendment of a credit union's bylaws, in all

elections for directors, every member who is a natural person

shall have the right to cast one vote, regardless of the number

of his or her shares, in person, by proxy, or by electronic

record if approved by the board of directors, for as many

persons as there are directors to be elected.

(1.15) If the board of directors has adopted a policy

addressing age eligibility standards on voting, holding

office, or petitioning the board, then a credit union may

require (i) that members be at least 18 years of age by the

date of the meeting in order to vote at meetings of the

members, sign nominating petitions, or sign petitions

requesting special meetings, and (ii) that members be at least

18 years of age by the date of election or appointment in order

to hold elective or appointive office.

(2) The board of directors shall appoint from among the

members of the credit union, a supervisory committee of not

less than 3 members at the organization meeting and within 30

days following each annual meeting of the members for such

terms as the bylaws provide. Members of the supervisory

committee may, but need not be, on the board of directors, but

shall not be officers of the credit union, members of the

credit committee, or the credit manager if no credit committee

has been appointed.

(3) The board of directors may appoint, from among the

members of the credit union, a credit committee consisting of

an odd number, not less than 3 for such terms as the bylaws

provide. Members of the credit committee may, but need not be,

directors or officers of the credit union, but shall not be

members of the supervisory committee.

(4) The board of directors may appoint from among the

members of the credit union a membership committee of one or

more persons. If appointed, the committee shall act upon all

applications for membership and submit a report of its actions

to the board of directors at the next regular meeting for

review. If no membership committee is appointed, credit union

management shall act upon all applications for membership and

submit a report of its actions to the board of directors at the

next regular meeting for review.

(5) The board of directors may appoint, from among the

members of the credit union, a nominating committee of 3 or

more persons. Members of the nominating committee may, but

need not, be directors or officers of the credit union, but may

not be members of the supervisory committee. The appointment,

if made, shall be made in a timely manner to permit the

nominating committee to recruit, evaluate, and nominate

eligible candidates for each position to be filled in the

election of directors or, in the event of a vacancy in office,

to be filled by appointment of the board of directors for the

remainder of the unexpired term of the director creating the

vacancy. Factors the nominating committee may consider in

evaluating prospective candidates include whether a candidate

possesses or is willing to acquire through training the

requisite skills and qualifications to carry out the statutory

duties of a director. The board of directors may delegate to

the nominating committee the recruitment, evaluation, and

nomination of eligible candidates to serve on committees and

in executive officer positions.

(6) The use of electronic records for member voting

pursuant to this Section shall employ a security procedure

that meets the attribution criteria set forth in Section 9 of

the Uniform Electronic Transactions Act.

(7) As used in this Section, "electronic", "electronic

record", and "security procedure" have the meanings ascribed

to those terms in the Uniform Electronic Transactions Act. the

(Source: P.A. 102-38, eff. 6-25-21; 102-687, eff. 12-17-21;

102-774, eff. 5-13-22; 102-858, eff. 5-13-22; revised 8-3-22.)

(205 ILCS 305/59) (from Ch. 17, par. 4460)

Sec. 59. Investment of funds.

(a) Funds not used in loans to members may be invested,

pursuant to subsection (7) of Section 30 of this Act, and

subject to Departmental rules and regulations:

(1) In securities, obligations or other instruments of

or issued by or fully guaranteed as to principal and

interest by the United States of America or any agency

thereof or in any trust or trusts established for

investing directly or collectively in the same;

(2) In obligations of any state of the United States,

the District of Columbia, the Commonwealth of Puerto Rico,

and the several territories organized by Congress, or any

political subdivision thereof; however, a credit union may

not invest more than 10% of its unimpaired capital and

surplus in the obligations of one issuer, exclusive of

general obligations of the issuer, and investments in

municipal securities must be limited to securities rated

in one of the 4 highest rating investment grades by a

nationally recognized statistical rating organization;

(3) In certificates of deposit or passbook type

accounts issued by a state or national bank, mutual

savings bank or savings and loan association; provided

that such institutions have their accounts insured by the

Federal Deposit Insurance Corporation or the Federal

Savings and Loan Insurance Corporation; but provided,

further, that a credit union's investment in an account in

any one institution may exceed the insured limit on

accounts;

(4) In shares, classes of shares or share certificates

of other credit unions, including, but not limited to,

corporate credit unions; provided that such credit unions

have their members' accounts insured by the NCUA or other

approved insurers, and that if the members' accounts are

so insured, a credit union's investment may exceed the

insured limit on accounts;

(5) In shares of a cooperative society organized under

the laws of this State or the laws of the United States in

the total amount not exceeding 10% of the unimpaired

capital and surplus of the credit union; provided that

such investment shall first be approved by the Department;

(6) In obligations of the State of Israel, or

obligations fully guaranteed by the State of Israel as to

payment of principal and interest;

(7) In shares, stocks or obligations of other

financial institutions in the total amount not exceeding

5% of the unimpaired capital and surplus of the credit

union;

(8) In federal funds and bankers' acceptances;

(9) In shares or stocks of Credit Union Service

Organizations in the total amount not exceeding the

greater of 6% of the unimpaired capital and surplus of the

credit union or the amount authorized for federal credit

unions;

(10) In corporate bonds identified as investment grade

by at least one nationally recognized statistical rating

organization, provided that:

(i) the board of directors has established a

written policy that addresses corporate bond

investment procedures and how the credit union will

manage credit risk, interest rate risk, liquidity

risk, and concentration risk; and

(ii) the credit union has documented in its

records that a credit analysis of a particular

investment and the issuing entity was conducted by the

credit union, a third party on behalf of the credit

union qualified by education or experience to assess

the risk characteristics of corporate bonds, or a

nationally recognized statistical rating agency before

purchasing the investment and the analysis is updated

at least annually for as long as it holds the

investment;

(11) To aid in the credit union's management of its

assets, liabilities, and liquidity in the purchase of an

investment interest in a pool of loans, in whole or in part

and without regard to the membership of the borrowers,

from other depository institutions and financial type

institutions, including mortgage banks, finance companies,

insurance companies, and other loan sellers, subject to

such safety and soundness standards, limitations, and

qualifications as the Department may establish by rule or

guidance from time to time;

(12) To aid in the credit union's management of its

assets, liabilities, and liquidity by receiving funds from

another financial institution as evidenced by certificates

of deposit, share certificates, or other classes of shares

issued by the credit union to the financial institution;

(13) In the purchase and assumption of assets held by

other financial institutions, with approval of the

Secretary and subject to any safety and soundness

standards, limitations, and qualifications as the

Department may establish by rule or guidance from time to

time;

(14) In the shares, stocks, or obligations of

community development financial institutions as defined in

regulations issued by the U.S. Department of the Treasury

and minority depository institutions as defined by the

National Credit Union Administration; however the

aggregate amount of all such investments shall not at any

time exceed 5% of the paid-in and unimpaired capital and

surplus of the credit union; and

(15)(A) In shares, stocks, or member units of

financial technology companies in the total amount not

exceeding 2.5% of the net worth of the credit union, so

long as:

(i) the credit union would remain well capitalized

as defined by 12 CFR 702.102 if the credit union

reduced its net worth by the full investment amount at

the time the investment is made or at any point during

the time the investment is held by the credit union;

(ii) the credit union and the financial technology

company are operated in a manner that demonstrates to

the public the separate corporate existence of the

credit union and financial technology company; and

(iii) the credit union has received a composite

rating of 1 or 2 under the CAMELS supervisory rating

system.

(B) The investment limit in subparagraph (A) of this

paragraph (15) is increased to 5% of the net worth of the

credit union, if it has received a management rating of 1

under the CAMELS supervisory rating system at the time a

specific investment is made and at all times during the

term of the investment. A credit union that satisfies the

criteria in subparagraph (A) of this paragraph (15) and

this subparagraph may request approval from the Secretary

for an exception to the 5% limit up to a limit of 10% of

the net worth of the credit union, subject to such safety

and soundness standards, limitations, and qualifications

as the Department may establish by rule or guidance from

time to time. The request shall be in writing and

substantiate the need for the higher limit, describe the

credit union's record of investment activity, and include

financial statements reflecting a sound fiscal history.

(C) Before investing in a financial technology

company, the credit union shall obtain a written legal

opinion as to whether the financial technology company is

established in a manner that will limit potential exposure

of the credit union to no more than the loss of funds

invested in the financial technology company and the legal

opinion shall:

(i) address factors that have led courts to

"pierce the corporate veil", such as inadequate

capitalization, lack of separate corporate identity,

common boards of directors and employees, control of

one entity over another, and lack of separate books

and records; and

(ii) be provided by independent legal counsel of

the credit union.

(D) Before investing in the financial technology

company, the credit union shall enter into a written

investment agreement with the financial technology company

and the agreement shall contain the following clauses:

(i) the financial technology company will: (I)

provide the Department with access to the books and

records of the financial technology company relating

to the investment made by the credit union, with the

costs of examining those records borne by the credit

union in accordance with the per diem rate established

by the Department by rule; (II) follow generally

accepted accounting principles; and (III) provide the

credit union with its financial statements on at least

a quarterly basis and certified public accountant

audited financial statements on an annual basis; and

(ii) the financial technology company and credit

union agree to terminate their contractual

relationship: (I) upon 90 days' written notice to the

parties by the Secretary that the safety and soundness

of the credit union is threatened pursuant to the

Department's cease and desist and suspension authority

in Sections 8 and 61; (II) upon 30 days' written notice

to the parties if the credit union's net worth ratio

falls below the level that classifies it as well

capitalized well-capitalized as defined by 12 CFR

702.102; and (III) immediately upon the parties'

receipt of written notice from the Secretary when the

Secretary reasonably concludes, based upon specific

facts set forth in the notice to the parties, that the

credit union will suffer immediate, substantial, and

irreparable injury or loss if it remains a party to the

investment agreement.

(E) The termination of the investment agreement

between the financial technology company and credit union

shall in no way operate to relieve the financial

technology company from repaying the investment or other

obligation due and owing the credit union at the time of

termination.

(F) Any financial technology company in which a credit

union invests pursuant to this paragraph (15) that

directly or indirectly originates, purchases, facilitates,

brokers, or services loans to consumers in Illinois shall

not charge an interest rate that exceeds the applicable

maximum rate established by the Board of the National

Credit Union Administration pursuant to 12 CFR

701.21(c)(7)(iii)-(iv). The maximum interest rate

described in this subparagraph that may be charged by a

financial technology company applies to all consumer loans

and consumer credit products.

(b) As used in this Section:

"Political subdivision" includes, but is not limited to,

counties, townships, cities, villages, incorporated towns,

school districts, educational service regions, special road

districts, public water supply districts, fire protection

districts, drainage districts, levee districts, sewer

districts, housing authorities, park districts, and any

agency, corporation, or instrumentality of a state or its

political subdivisions, whether now or hereafter created and

whether herein specifically mentioned or not.

"Financial institution" includes any bank, savings bank,

savings and loan association, or credit union established

under the laws of the United States, this State, or any other

state.

"Financial technology company" includes any corporation,

partnership, limited liability company, or other entity

organized under the laws of Illinois, another state, or the

United States of America:

(1) that the principal business of which is the

provision of financial products or financial services, or

both, that:

(i) currently relate or may prospectively relate

to the daily operations of credit unions;

(ii) are of current or prospective benefit to the

members of credit unions; or

(iii) are of current or prospective benefit to

consumers eligible for membership in credit unions;

and

(2) that applies technological interventions,

including, without limitation, specialized software or

algorithm processes, products, or solutions, to improve

and automate the delivery and use of those financial

products or financial services.

(c) A credit union investing to fund an employee benefit

plan obligation is not subject to the investment limitations

of this Act and this Section and may purchase an investment

that would otherwise be impermissible if the investment is

directly related to the credit union's obligation under the

employee benefit plan and the credit union holds the

investment only for so long as it has an actual or potential

obligation under the employee benefit plan.

(d) If a credit union acquires loans from another

financial institution or financial-type institution pursuant

to this Section, the credit union shall be authorized to

provide loan servicing and collection services in connection

with those loans.

(Source: P.A. 101-567, eff. 8-23-19; 102-496, eff. 8-20-21;

102-774, eff. 5-13-22; 102-858, eff. 5-13-22; revised 8-3-22.)

Section 400. The Residential Mortgage License Act of 1987

is amended by changing Section 7-7 as follows:

(205 ILCS 635/7-7)

Sec. 7-7. Continuing education for mortgage loan

originators.

(a) In order to meet the annual continuing education

requirements referred to in Section 7-6, a licensed mortgage

loan originator shall complete at least 8 hours of education

approved in accordance with subsection (b) of this Section,

which shall include at least:

(1) 3 hours of federal Federal law and regulations;

(2) 2 hours of ethics, which shall include instruction

on fraud, consumer protection, and fair lending issues;

and

(3) 2 hours of training related to lending standards

for the nontraditional mortgage product marketplace.

(b) For purposes of this subsection (a), continuing

education courses shall be reviewed and approved by the

Nationwide Multistate Licensing System and Registry based upon

reasonable standards. Review and approval of a continuing

education course shall include review and approval of the

course provider.

(c) Nothing in this Section shall preclude any education

course, as approved by the Nationwide Multistate Licensing

System and Registry, that is provided by the employer of the

mortgage loan originator or an entity which is affiliated with

the mortgage loan originator by an agency contract, or any

subsidiary or affiliate of the employer or entity.

(d) Continuing education may be offered either in a

classroom, online, or by any other means approved by the

Nationwide Multistate Licensing System and Registry.

(e) A licensed mortgage loan originator:

(1) except Except as provided in Section 7-6 and

subsection (i) of this Section, may only receive credit

for a continuing education course in the year in which the

course is taken; and

(2) may May not take the same approved course in the

same or successive years to meet the annual requirements

for continuing education.

(f) A licensed mortgage loan originator who is an approved

instructor of an approved continuing education course may

receive credit for the licensed mortgage loan originator's own

annual continuing education requirement at the rate of 2 hours

credit for every one hour taught.

(g) A person having successfully completed the education

requirements approved by the Nationwide Multistate Licensing

System and Registry for the subjects listed in subsection (a)

of this Section for any state shall be accepted as credit

towards completion of continuing education requirements in

this State.

(h) A licensed mortgage loan originator who subsequently

becomes unlicensed must complete the continuing education

requirements for the last year in which the license was held

prior to issuance of a new or renewed license.

(i) A person meeting the requirements of Section 7-6 may

make up any deficiency in continuing education as established

by rule or regulation of the Director.

(Source: P.A. 100-1153, eff. 12-19-18; revised 3-16-22.)

Section 405. The Assisted Living and Shared Housing Act is

amended by setting forth and renumbering multiple versions of

Section 77 as follows:

(210 ILCS 9/77)

Sec. 77. Establishment employee assistance programs. An

establishment shall ensure that licensed health care

professionals employed by the establishment are aware of

employee assistance programs or other like programs available

for the physical and mental well-being of the employee. The

establishment shall provide information on these programs, no

less than at the time of employment and during any benefit open

enrollment period, by an information form about the respective

programs that a licensed health care professional must sign

during onboarding at the establishment. The signed information

form shall be added to the licensed health care professional's

personnel file. The establishment may provide this information

to licensed health care professionals electronically.

(Source: P.A. 102-1007, eff. 1-1-23; revised 12-19-22.)

(210 ILCS 9/78)

Sec. 78 77. Certified nursing assistant interns.

(a) A certified nursing assistant intern shall report to

an establishment's charge nurse or nursing supervisor and may

only be assigned duties authorized in Section 2310-434 of the

Department of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois by a supervising nurse.

(b) An establishment shall notify its certified and

licensed staff members, in writing, that a certified nursing

assistant intern may only provide the services and perform the

procedures permitted under Section 2310-434 of the Department

of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois. The notification shall detail

which duties may be delegated to a certified nursing assistant

intern. The establishment shall establish a policy describing

the authorized duties, supervision, and evaluation of

certified nursing assistant interns available upon request of

the Department and any surveyor.

(c) If an establishment learns that a certified nursing

assistant intern is performing work outside the scope of the

Certified Nursing Assistant Intern Program's training, the

establishment shall:

(1) stop the certified nursing assistant intern from

performing the work;

(2) inspect the work and correct mistakes, if the work

performed was done improperly;

(3) assign the work to the appropriate personnel; and

(4) ensure that a thorough assessment of any resident

involved in the work performed is completed by a

registered nurse.

(d) An establishment that employs a certified nursing

assistant intern in violation of this Section shall be subject

to civil penalties or fines under subsection (a) of Section

135.

(Source: P.A. 102-1037, eff. 6-2-22; revised 8-8-22.)

Section 410. The Nursing Home Care Act is amended by

changing Sections 3-202.2b and 3-702 and by setting forth and

renumbering multiple versions of Section 3-613 as follows:

(210 ILCS 45/3-202.2b)

Sec. 3-202.2b. Certification of psychiatric rehabilitation

program.

(a) No later than January 1, 2011, the Department shall

file with the Joint Committee on Administrative Rules,

pursuant to the Illinois Administrative Procedure Act,

proposed rules or proposed amendments to existing rules to

establish a special certification program for compliance with

77 Ill. Adm. Admin. Code 300.4000 and following (Subpart S),

which provides for psychiatric rehabilitation services that

are required to be offered by a long-term long term care

facility licensed under this Act that serves residents with

serious mental illness. Compliance with standards promulgated

pursuant to this Section must be demonstrated before a

long-term long term care facility licensed under this Act is

eligible to become certified under this Section and annually

thereafter.

(b) No long-term long term care facility shall establish,

operate, maintain, or offer psychiatric rehabilitation

services, or admit, retain, or seek referrals of a resident

with a serious mental illness diagnosis, unless and until a

valid certification, which remains unsuspended, unrevoked, and

unexpired, has been issued.

(c) A facility that currently serves a resident with

serious mental illness may continue to admit such residents

until the Department performs a certification review and

determines that the facility does not meet the requirements

for certification. The Department, at its discretion, may

provide an additional 90-day period for the facility to meet

the requirements for certification if it finds that the

facility has made a good faith effort to comply with all

certification requirements and will achieve total compliance

with the requirements before the end of the 90-day period. The

facility shall be prohibited from admitting residents with

serious mental illness until the Department certifies the

facility to be in compliance with the requirements of this

Section.

(d) A facility currently serving residents with serious

mental illness that elects to terminate provision of services

to this population must immediately notify the Department of

its intent, cease to admit new residents with serious mental

illness, and give notice to all existing residents with

serious mental illness of their impending discharge. These

residents shall be accorded all rights and assistance provided

to a resident being involuntarily discharged and those

provided under Section 2-201.5. The facility shall continue to

adhere to all requirements of 77 Ill. Adm. Admin. Code

300.4000 until all residents with serious mental illness have

been discharged.

(e) A long-term long term care facility found to be out of

compliance with the certification requirements under this

Section may be subject to denial, revocation, or suspension of

the psychiatric rehabilitation services certification or the

imposition of sanctions and penalties, including the immediate

suspension of new admissions. Hearings shall be conducted

pursuant to Article III, Part 7 of this Act.

(f) The Department shall indicate, on its list of licensed

long-term long term care facilities, which facilities are

certified under this Section and shall distribute this list to

the appropriate State agencies charged with administering and

implementing the State's program of pre-admission screening

and resident review, hospital discharge planners, Area

Agencies on Aging, Case Coordination Units, and others upon

request.

(g) No public official, agent, or employee of the State,

or any subcontractor of the State, may refer or arrange for the

placement of a person with serious mental illness in a

long-term long term care facility that is not certified under

this Section. No public official, agent, or employee of the

State, or any subcontractor of the State, may place the name of

a long-term long term care facility on a list of facilities

serving the seriously mentally ill for distribution to the

general public or to professionals arranging for placements or

making referrals unless the facility is certified under this

Section.

(h) Certification requirements. The Department shall

establish requirements for certification that augment current

quality of care standards for long-term long term care

facilities serving residents with serious mental illness,

which shall include admission, discharge planning, psychiatric

rehabilitation services, development of age-group appropriate

treatment plan goals and services, behavior management

services, coordination with community mental health services,

staff qualifications and training, clinical consultation,

resident access to the outside community, and appropriate

environment and space for resident programs, recreation,

privacy, and any other issue deemed appropriate by the

Department. The augmented standards shall at a minimum

include, but need not be limited to, the following:

(1) Staff sufficient in number and qualifications

necessary to meet the scheduled and unscheduled needs of

the residents on a 24-hour basis. The Department shall

establish by rule the minimum number of psychiatric

services rehabilitation coordinators in relation to the

number of residents with serious mental illness residing

in the facility.

(2) The number and qualifications of consultants

required to be contracted with to provide continuing

education and training, and to assist with program

development.

(3) Training for all new employees specific to the

care needs of residents with a serious mental illness

diagnosis during their orientation period and annually

thereafter. Training shall be independent of the

Department and overseen by an agency designated by the

Governor to determine the content of all facility employee

training and to provide training for all trainers of

facility employees. Training of employees shall at minimum

include, but need not be limited to, (i) the impact of a

serious mental illness diagnosis, (ii) the recovery

paradigm and the role of psychiatric rehabilitation, (iii)

preventive strategies for managing aggression and crisis

prevention, (iv) basic psychiatric rehabilitation

techniques and service delivery, (v) resident rights, (vi)

abuse prevention, (vii) appropriate interaction between

staff and residents, and (viii) any other topic deemed by

the Department to be important to ensuring quality of

care.

(4) Quality assessment and improvement requirements,

in addition to those contained in this Act on July 29, 2010

(the effective date of Public Act 96-1372) this amendatory

Act of the 96th General Assembly, specific to a facility's

residential psychiatric rehabilitation services, which

shall be made available to the Department upon request. A

facility shall be required at a minimum to develop and

maintain policies and procedures that include, but need

not be limited to, evaluation of the appropriateness of

resident admissions based on the facility's capacity to

meet specific needs, resident assessments, development and

implementation of care plans, and discharge planning.

(5) Room selection and appropriateness of roommate

assignment.

(6) Comprehensive quarterly review of all treatment

plans for residents with serious mental illness by the

resident's interdisciplinary team, which takes into

account, at a minimum, the resident's progress, prior

assessments, and treatment plan.

(7) Substance abuse screening and management and

documented referral relationships with certified substance

abuse treatment providers.

(8) Administration of psychotropic medications to a

resident with serious mental illness who is incapable of

giving informed consent, in compliance with the applicable

provisions of the Mental Health and Developmental

Disabilities Code.

(i) The Department shall establish a certification fee

schedule by rule, in consultation with advocates, nursing

homes, and representatives of associations representing

long-term long term care facilities.

(j) The Director or her or his designee shall seek input

from the Long-Term Long Term Care Facility Advisory Board

before filing rules to implement this Section.

Rules proposed no later than January 1, 2011 under this

Section shall take effect 180 days after being approved by the

Joint Committee on Administrative Rules.

(Source: P.A. 96-1372, eff. 7-29-10; revised 2-28-22.)

(210 ILCS 45/3-613)

Sec. 3-613. Facility employee assistance programs. A

facility shall ensure that nurses employed by the facility are

aware of employee assistance programs or other like programs

available for the physical and mental well-being of the

employee. The facility shall provide information on these

programs, no less than at the time of employment and during any

benefit open enrollment period, by an information form about

the respective programs that a nurse must sign during

onboarding at the facility. The signed information form shall

be added to the nurse's personnel file. The facility may

provide this information to nurses electronically.

(Source: P.A. 102-1007, eff. 1-1-23; revised 12-19-22.)

(210 ILCS 45/3-614)

Sec. 3-614 3-613. Certified nursing assistant interns.

(a) A certified nursing assistant intern shall report to a

facility's charge nurse or nursing supervisor and may only be

assigned duties authorized in Section 2310-434 of the

Department of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois by a supervising nurse.

(b) A facility shall notify its certified and licensed

staff members, in writing, that a certified nursing assistant

intern may only provide the services and perform the

procedures permitted under Section 2310-434 of the Department

of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois. The notification shall detail

which duties may be delegated to a certified nursing assistant

intern. The facility shall establish a policy describing the

authorized duties, supervision, and evaluation of certified

nursing assistant interns available upon request of the

Department and any surveyor.

(c) If a facility learns that a certified nursing

assistant intern is performing work outside the scope of the

Certified Nursing Assistant Intern Program's training, the

facility shall:

(1) stop the certified nursing assistant intern from

performing the work;

(2) inspect the work and correct mistakes, if the work

performed was done improperly;

(3) assign the work to the appropriate personnel; and

(4) ensure that a thorough assessment of any resident

involved in the work performed is completed by a

registered nurse.

(d) A facility that employs a certified nursing assistant

intern in violation of this Section shall be subject to civil

penalties or fines under Section 3-305.

(e) A minimum of 50% of nursing and personal care time

shall be provided by a certified nursing assistant, but no

more than 15% of nursing and personal care time may be provided

by a certified nursing assistant intern.

(Source: P.A. 102-1037, eff. 6-2-22; revised 8-8-22.)

(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)

Sec. 3-702. (a) A person who believes that this Act or a

rule promulgated under this Act may have been violated may

request an investigation. The request may be submitted to the

Department in writing, by telephone, by electronic means, or

by personal visit. An oral complaint shall be reduced to

writing by the Department. The Department shall make

available, through its website and upon request, information

regarding the oral and phone intake processes and the list of

questions that will be asked of the complainant. The

Department shall request information identifying the

complainant, including the name, address, and telephone

number, to help enable appropriate follow-up. The Department

shall act on such complaints via on-site visits or other

methods deemed appropriate to handle the complaints with or

without such identifying information, as otherwise provided

under this Section. The complainant shall be informed that

compliance with such request is not required to satisfy the

procedures for filing a complaint under this Act. The

Department must notify complainants that complaints with less

information provided are far more difficult to respond to and

investigate.

(b) The substance of the complaint shall be provided in

writing to the licensee, owner, or administrator no earlier

than at the commencement of an on-site inspection of the

facility which takes place pursuant to the complaint.

(c) The Department shall not disclose the name of the

complainant unless the complainant consents in writing to the

disclosure or the investigation results in a judicial

proceeding, or unless disclosure is essential to the

investigation. The complainant shall be given the opportunity

to withdraw the complaint before disclosure. Upon the request

of the complainant, the Department may permit the complainant

or a representative of the complainant to accompany the person

making the on-site inspection of the facility.

(d) Upon receipt of a complaint, the Department shall

determine whether this Act or a rule promulgated under this

Act has been or is being violated. The Department shall

investigate all complaints alleging abuse or neglect within 7

days after the receipt of the complaint except that complaints

of abuse or neglect which indicate that a resident's life or

safety is in imminent danger shall be investigated within 24

hours after receipt of the complaint. All other complaints

shall be investigated within 30 days after the receipt of the

complaint. The Department employees investigating a complaint

shall conduct a brief, informal exit conference with the

facility to alert its administration of any suspected serious

deficiency that poses a direct threat to the health, safety,

or welfare of a resident to enable an immediate correction for

the alleviation or elimination of such threat. Such

information and findings discussed in the brief exit

conference shall become a part of the investigating record but

shall not in any way constitute an official or final notice of

violation as provided under Section 3-301. All complaints

shall be classified as "an invalid report", "a valid report",

or "an undetermined report". For any complaint classified as

"a valid report", the Department must determine within 30

working days after any Department employee enters a facility

to begin an on-site inspection if any rule or provision of this

Act has been or is being violated.

(d-1) The Department shall, whenever possible, combine an

on-site investigation of a complaint in a facility with other

inspections in order to avoid duplication of inspections.

(e) In all cases, the Department shall inform the

complainant of its findings within 10 days of its

determination unless otherwise indicated by the complainant,

and the complainant may direct the Department to send a copy of

such findings to another person. The Department's findings may

include comments or documentation provided by either the

complainant or the licensee pertaining to the complaint. The

Department shall also notify the facility of such findings

within 10 days of the determination, but the name of the

complainant or residents shall not be disclosed in this notice

to the facility. The notice of such findings shall include a

copy of the written determination; the correction order, if

any; the warning notice, if any; the inspection report; or the

State licensure form on which the violation is listed.

(f) A written determination, correction order, or warning

notice concerning a complaint, together with the facility's

response, shall be available for public inspection, but the

name of the complainant or resident shall not be disclosed

without his consent.

(g) A complainant who is dissatisfied with the

determination or investigation by the Department may request a

hearing under Section 3-703. The facility shall be given

notice of any such hearing and may participate in the hearing

as a party. If a facility requests a hearing under Section

3-703 which concerns a matter covered by a complaint, the

complainant shall be given notice and may participate in the

hearing as a party. A request for a hearing by either a

complainant or a facility shall be submitted in writing to the

Department within 30 days after the mailing of the

Department's findings as described in subsection (e) of this

Section. Upon receipt of the request the Department shall

conduct a hearing as provided under Section 3-703.

(g-5) The Department shall conduct an annual review of all

survey activity from the preceding fiscal year and make a

report concerning the complaint and survey process. The report

shall include, but not be limited to:

(1) the total number of complaints received;

(2) the breakdown of 24-hour, 7-day, and 30-day

complaints;

(3) the breakdown of anonymous and non-anonymous

complaints;

(4) the number of complaints that were substantiated

versus unsubstantiated;

(5) the total number of substantiated complaints that

were completed in the time frame determined under

subsection (d);

(6) the total number of informal dispute resolutions

requested;

(7) the total number of informal dispute resolution

requests approved;

(8) the total number of informal dispute resolutions

that were overturned or reduced in severity;

(9) the total number of nurse surveyors hired during

the calendar year;

(10) the total number of nurse surveyors who left

Department employment;

(11) the average length of tenure for nurse surveyors

employed by the Department at the time the report is

created;

(12) the total number of times the Department imposed

discretionary denial of payment within 15 days of notice

and within 2 days of notice as well as the number of times

the discretionary denial of payment took effect; and

(13) any other complaint information requested by the

Long-Term Care Facility Advisory Board created under

Section 2-204 of this Act or the Illinois Long-Term Care

Council created under Section 4.04a of the Illinois Act on

the Aging.

This report shall be provided to the Long-Term Care

Facility Advisory Board, the Illinois Long-Term Care Council,

and the General Assembly. The Long-Term Care Facility Advisory

Board and the Illinois Long-Term Care Council shall review the

report and suggest any changes deemed necessary to the

Department for review and action, including how to investigate

and substantiate anonymous complaints.

(h) Any person who knowingly transmits a false report to

the Department commits the offense of disorderly conduct under

subsection (a)(8) of Section 26-1 of the Criminal Code of

2012.

(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;

revised 12-9-22.)

Section 415. The MC/DD Act is amended by setting forth and

renumbering multiple versions of Section 3-613 as follows:

(210 ILCS 46/3-613)

Sec. 3-613. Facility employee assistance programs. A

facility shall ensure that nurses employed by the facility are

aware of employee assistance programs or other like programs

available for the physical and mental well-being of the

employee. The facility shall provide information on these

programs, no less than at the time of employment and during any

benefit open enrollment period, by an information form about

the respective programs that a nurse must sign during

onboarding at the facility. The signed information form shall

be added to the nurse's personnel file. The facility may

provide this information to nurses electronically.

(Source: P.A. 102-1007, eff. 1-1-23; revised 12-19-22.)

(210 ILCS 46/3-614)

Sec. 3-614 3-613. Certified nursing assistant interns.

(a) A certified nursing assistant intern shall report to a

facility's charge nurse or nursing supervisor and may only be

assigned duties authorized in Section 2310-434 of the

Department of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois by a supervising nurse.

(b) A facility shall notify its certified and licensed

staff members, in writing, that a certified nursing assistant

intern may only provide the services and perform the

procedures permitted under Section 2310-434 of the Department

of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois. The notification shall detail

which duties may be delegated to a certified nursing assistant

intern. The facility shall establish a policy describing the

authorized duties, supervision, and evaluation of certified

nursing assistant interns available upon request of the

Department and any surveyor.

(c) If a facility learns that a certified nursing

assistant intern is performing work outside the scope of the

Certified Nursing Assistant Intern Program's training, the

facility shall:

(1) stop the certified nursing assistant intern from

performing the work;

(2) inspect the work and correct mistakes, if the work

performed was done improperly;

(3) assign the work to the appropriate personnel; and

(4) ensure that a thorough assessment of any resident

involved in the work performed is completed by a

registered nurse.

(d) A facility that employs a certified nursing assistant

intern in violation of this Section shall be subject to civil

penalties or fines under Section 3-305.

(Source: P.A. 102-1037, eff. 6-2-22; revised 8-8-22.)

Section 420. The ID/DD Community Care Act is amended by by

setting forth and renumbering multiple versions of Section

3-613 as follows:

(210 ILCS 47/3-613)

Sec. 3-613. Facility employee assistance programs. A

facility shall ensure that nurses employed by the facility are

aware of employee assistance programs or other like programs

available for the physical and mental well-being of the

employee. The facility shall provide information on these

programs, no less than at the time of employment and during any

benefit open enrollment period, by an information form about

the respective programs that a nurse must sign during

onboarding at the facility. The signed information form shall

be added to the nurse's personnel file. The facility may

provide this information to nurses electronically.

(Source: P.A. 102-1007, eff. 1-1-23; revised 12-19-22.)

(210 ILCS 47/3-614)

Sec. 3-614 3-613. Certified nursing assistant interns.

(a) A certified nursing assistant intern shall report to a

facility's charge nurse or nursing supervisor and may only be

assigned duties authorized in Section 2310-434 of the

Department of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois by a supervising nurse.

(b) A facility shall notify its certified and licensed

staff members, in writing, that a certified nursing assistant

intern may only provide the services and perform the

procedures permitted under Section 2310-434 of the Department

of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois. The notification shall detail

which duties may be delegated to a certified nursing assistant

intern. The facility shall establish a policy describing the

authorized duties, supervision, and evaluation of certified

nursing assistant interns available upon request of the

Department and any surveyor.

(c) If a facility learns that a certified nursing

assistant intern is performing work outside the scope of the

Certified Nursing Assistant Intern Program's training, the

facility shall:

(1) stop the certified nursing assistant intern from

performing the work;

(2) inspect the work and correct mistakes, if the work

performed was done improperly;

(3) assign the work to the appropriate personnel; and

(4) ensure that a thorough assessment of any resident

involved in the work performed is completed by a

registered nurse.

(d) A facility that employs a certified nursing assistant

intern in violation of this Section shall be subject to civil

penalties or fines under Section 3-305.

(Source: P.A. 102-1037, eff. 6-2-22; revised 8-8-22.)

Section 425. The Specialized Mental Health Rehabilitation

Act of 2013 is amended by changing Section 4-105 as follows:

(210 ILCS 49/4-105)

Sec. 4-105. Provisional licensure duration. A provisional

license shall be valid upon fulfilling the requirements

established by the Department by emergency rule. The license

shall remain valid as long as a facility remains in compliance

with the licensure provisions established in rule. Provisional

licenses issued upon initial licensure as a specialized mental

health rehabilitation facility shall expire at the end of a

3-year period, which commences on the date the provisional

license is issued. Issuance of a provisional license for any

reason other than initial licensure (including, but not

limited to, change of ownership, location, number of beds, or

services) shall not extend the maximum 3-year period, at the

end of which a facility must be licensed pursuant to Section

4-201. Notwithstanding any other provision of this Act or the

Specialized Mental Health Rehabilitation Facilities Code, 77

Ill. Adm. Admin. Code 380, to the contrary, if a facility has

received notice from the Department that its application for

provisional licensure to provide recovery and rehabilitation

services has been accepted as complete and the facility has

attested in writing to the Department that it will comply with

the staff training plan approved by the Division of Mental

Health, then a provisional license for recovery and

rehabilitation services shall be issued to the facility within

60 days after the Department determines that the facility is

in compliance with the requirements of the Life Safety Code in

accordance with Section 4-104.5 of this Act.

(Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17;

revised 2-28-22.)

Section 430. The Illinois Insurance Code is amended by

changing Sections 143a, 229.4a, 356z.14, 364.01, and 513b1 and

by setting forth, renumbering, and changing multiple versions

of Section 356z.53 as follows:

(215 ILCS 5/143a)

(Text of Section before amendment by P.A. 102-982)

Sec. 143a. Uninsured and hit-and-run hit and run motor

vehicle coverage.

(1) No policy insuring against loss resulting from

liability imposed by law for bodily injury or death suffered

by any person arising out of the ownership, maintenance or use

of a motor vehicle that is designed for use on public highways

and that is either required to be registered in this State or

is principally garaged in this State shall be renewed,

delivered, or issued for delivery in this State unless

coverage is provided therein or supplemental thereto, in

limits for bodily injury or death set forth in Section 7-203 of

the Illinois Vehicle Code for the protection of persons

insured thereunder who are legally entitled to recover damages

from owners or operators of uninsured motor vehicles and

hit-and-run motor vehicles because of bodily injury, sickness

or disease, including death, resulting therefrom. Uninsured

motor vehicle coverage does not apply to bodily injury,

sickness, disease, or death resulting therefrom, of an insured

while occupying a motor vehicle owned by, or furnished or

available for the regular use of the insured, a resident

spouse or resident relative, if that motor vehicle is not

described in the policy under which a claim is made or is not a

newly acquired or replacement motor vehicle covered under the

terms of the policy. The limits for any coverage for any

vehicle under the policy may not be aggregated with the limits

for any similar coverage, whether provided by the same insurer

or another insurer, applying to other motor vehicles, for

purposes of determining the total limit of insurance coverage

available for bodily injury or death suffered by a person in

any one accident. No policy shall be renewed, delivered, or

issued for delivery in this State unless it is provided

therein that any dispute with respect to the coverage and the

amount of damages shall be submitted for arbitration to the

American Arbitration Association and be subject to its rules

for the conduct of arbitration hearings as to all matters

except medical opinions. As to medical opinions, if the amount

of damages being sought is equal to or less than the amount

provided for in Section 7-203 of the Illinois Vehicle Code,

then the current American Arbitration Association Rules shall

apply. If the amount being sought in an American Arbitration

Association case exceeds that amount as set forth in Section

7-203 of the Illinois Vehicle Code, then the Rules of Evidence

that apply in the circuit court for placing medical opinions

into evidence shall govern. Alternatively, disputes with

respect to damages and the coverage shall be determined in the

following manner: Upon the insured requesting arbitration,

each party to the dispute shall select an arbitrator and the 2

arbitrators so named shall select a third arbitrator. If such

arbitrators are not selected within 45 days from such request,

either party may request that the arbitration be submitted to

the American Arbitration Association. Any decision made by the

arbitrators shall be binding for the amount of damages not

exceeding $75,000 for bodily injury to or death of any one

person, $150,000 for bodily injury to or death of 2 or more

persons in any one motor vehicle accident, or the

corresponding policy limits for bodily injury or death,

whichever is less. All 3-person arbitration cases proceeding

in accordance with any uninsured motorist coverage conducted

in this State in which the claimant is only seeking monetary

damages up to the limits set forth in Section 7-203 of the

Illinois Vehicle Code shall be subject to the following rules:

(A) If at least 60 days' written notice of the

intention to offer the following documents in evidence is

given to every other party, accompanied by a copy of the

document, a party may offer in evidence, without

foundation or other proof:

(1) bills, records, and reports of hospitals,

doctors, dentists, registered nurses, licensed

practical nurses, physical therapists, and other

healthcare providers;

(2) bills for drugs, medical appliances, and

prostheses;

(3) property repair bills or estimates, when

identified and itemized setting forth the charges for

labor and material used or proposed for use in the

repair of the property;

(4) a report of the rate of earnings and time lost

from work or lost compensation prepared by an

employer;

(5) the written opinion of an opinion witness, the

deposition of a witness, and the statement of a

witness that the witness would be allowed to express

if testifying in person, if the opinion or statement

is made by affidavit or by certification as provided

in Section 1-109 of the Code of Civil Procedure;

(6) any other document not specifically covered by

any of the foregoing provisions that is otherwise

admissible under the rules of evidence.

Any party receiving a notice under this paragraph (A)

may apply to the arbitrator or panel of arbitrators, as

the case may be, for the issuance of a subpoena directed to

the author or maker or custodian of the document that is

the subject of the notice, requiring the person subpoenaed

to produce copies of any additional documents as may be

related to the subject matter of the document that is the

subject of the notice. Any such subpoena shall be issued

in substantially similar form and served by notice as

provided by Illinois Supreme Court Rule 204(a)(4). Any

such subpoena shall be returnable not less than 5 days

before the arbitration hearing.

(B) Notwithstanding the provisions of Supreme Court

Rule 213(g), a party who proposes to use a written opinion

of an expert or opinion witness or the testimony of an

expert or opinion witness at the hearing may do so

provided a written notice of that intention is given to

every other party not less than 60 days prior to the date

of hearing, accompanied by a statement containing the

identity of the witness, his or her qualifications, the

subject matter, the basis of the witness's conclusions,

and his or her opinion.

(C) Any other party may subpoena the author or maker

of a document admissible under this subsection, at that

party's expense, and examine the author or maker as if

under cross-examination. The provisions of Section 2-1101

of the Code of Civil Procedure shall be applicable to

arbitration hearings, and it shall be the duty of a party

requesting the subpoena to modify the form to show that

the appearance is set before an arbitration panel and to

give the time and place set for the hearing.

(D) The provisions of Section 2-1102 of the Code of

Civil Procedure shall be applicable to arbitration

hearings under this subsection.

(2) No policy insuring against loss resulting from

liability imposed by law for property damage arising out of

the ownership, maintenance, or use of a motor vehicle shall be

renewed, delivered, or issued for delivery in this State with

respect to any private passenger or recreational motor vehicle

that is designed for use on public highways and that is either

required to be registered in this State or is principally

garaged in this State, unless coverage is made available in

the amount of the actual cash value of the motor vehicle

described in the policy or the corresponding policy limit for

uninsured motor vehicle property damage coverage, whichever is

less, subject to a maximum $250 deductible, for the protection

of persons insured thereunder who are legally entitled to

recover damages from owners or operators of uninsured motor

vehicles and hit-and-run motor vehicles because of property

damage to the motor vehicle described in the policy.

There shall be no liability imposed under the uninsured

motorist property damage coverage required by this subsection

if the owner or operator of the at-fault uninsured motor

vehicle or hit-and-run motor vehicle cannot be identified.

This subsection shall not apply to any policy which does not

provide primary motor vehicle liability insurance for

liabilities arising from the maintenance, operation, or use of

a specifically insured motor vehicle.

Each insurance company providing motor vehicle property

damage liability insurance shall advise applicants of the

availability of uninsured motor vehicle property damage

coverage, the premium therefor, and provide a brief

description of the coverage. That information need be given

only once and shall not be required in any subsequent renewal,

reinstatement or reissuance, substitute, amended, replacement

or supplementary policy. No written rejection shall be

required, and the absence of a premium payment for uninsured

motor vehicle property damage shall constitute conclusive

proof that the applicant or policyholder has elected not to

accept uninsured motorist property damage coverage.

An insurance company issuing uninsured motor vehicle

property damage coverage may provide that:

(i) Property damage losses recoverable thereunder

shall be limited to damages caused by the actual physical

contact of an uninsured motor vehicle with the insured

motor vehicle.

(ii) There shall be no coverage for loss of use of the

insured motor vehicle and no coverage for loss or damage

to personal property located in the insured motor vehicle.

(iii) Any claim submitted shall include the name and

address of the owner of the at-fault uninsured motor

vehicle, or a registration number and description of the

vehicle, or any other available information to establish

that there is no applicable motor vehicle property damage

liability insurance.

Any dispute with respect to the coverage and the amount of

damages shall be submitted for arbitration to the American

Arbitration Association and be subject to its rules for the

conduct of arbitration hearings or for determination in the

following manner: Upon the insured requesting arbitration,

each party to the dispute shall select an arbitrator and the 2

arbitrators so named shall select a third arbitrator. If such

arbitrators are not selected within 45 days from such request,

either party may request that the arbitration be submitted to

the American Arbitration Association. Any arbitration

proceeding under this subsection seeking recovery for property

damages shall be subject to the following rules:

(A) If at least 60 days' written notice of the

intention to offer the following documents in evidence is

given to every other party, accompanied by a copy of the

document, a party may offer in evidence, without

foundation or other proof:

(1) property repair bills or estimates, when

identified and itemized setting forth the charges for

labor and material used or proposed for use in the

repair of the property;

(2) the written opinion of an opinion witness, the

deposition of a witness, and the statement of a

witness that the witness would be allowed to express

if testifying in person, if the opinion or statement

is made by affidavit or by certification as provided

in Section 1-109 of the Code of Civil Procedure;

(3) any other document not specifically covered by

any of the foregoing provisions that is otherwise

admissible under the rules of evidence.

Any party receiving a notice under this paragraph (A)

may apply to the arbitrator or panel of arbitrators, as

the case may be, for the issuance of a subpoena directed to

the author or maker or custodian of the document that is

the subject of the notice, requiring the person subpoenaed

to produce copies of any additional documents as may be

related to the subject matter of the document that is the

subject of the notice. Any such subpoena shall be issued

in substantially similar form and served by notice as

provided by Illinois Supreme Court Rule 204(a)(4). Any

such subpoena shall be returnable not less than 5 days

before the arbitration hearing.

(B) Notwithstanding the provisions of Supreme Court

Rule 213(g), a party who proposes to use a written opinion

of an expert or opinion witness or the testimony of an

expert or opinion witness at the hearing may do so

provided a written notice of that intention is given to

every other party not less than 60 days prior to the date

of hearing, accompanied by a statement containing the

identity of the witness, his or her qualifications, the

subject matter, the basis of the witness's conclusions,

and his or her opinion.

(C) Any other party may subpoena the author or maker

of a document admissible under this subsection, at that

party's expense, and examine the author or maker as if

under cross-examination. The provisions of Section 2-1101

of the Code of Civil Procedure shall be applicable to

arbitration hearings, and it shall be the duty of a party

requesting the subpoena to modify the form to show that

the appearance is set before an arbitration panel and to

give the time and place set for the hearing.

(D) The provisions of Section 2-1102 of the Code of

Civil Procedure shall be applicable to arbitration

hearings under this subsection.

(3) For the purpose of the coverage, the term "uninsured

motor vehicle" includes, subject to the terms and conditions

of the coverage, a motor vehicle where on, before, or after the

accident date the liability insurer thereof is unable to make

payment with respect to the legal liability of its insured

within the limits specified in the policy because of the entry

by a court of competent jurisdiction of an order of

rehabilitation or liquidation by reason of insolvency on or

after the accident date. An insurer's extension of coverage,

as provided in this subsection, shall be applicable to all

accidents occurring after July 1, 1967 during a policy period

in which its insured's uninsured motor vehicle coverage is in

effect. Nothing in this Section may be construed to prevent

any insurer from extending coverage under terms and conditions

more favorable to its insureds than is required by this

Section.

(4) In the event of payment to any person under the

coverage required by this Section and subject to the terms and

conditions of the coverage, the insurer making the payment

shall, to the extent thereof, be entitled to the proceeds of

any settlement or judgment resulting from the exercise of any

rights of recovery of the person against any person or

organization legally responsible for the property damage,

bodily injury or death for which the payment is made,

including the proceeds recoverable from the assets of the

insolvent insurer. With respect to payments made by reason of

the coverage described in subsection (3), the insurer making

such payment shall not be entitled to any right of recovery

against the tortfeasor in excess of the proceeds recovered

from the assets of the insolvent insurer of the tortfeasor.

(5) This amendatory Act of 1967 (Laws of Illinois 1967,

page 875) shall not be construed to terminate or reduce any

insurance coverage or any right of any party under this Code in

effect before July 1, 1967. Public Act 86-1155 shall not be

construed to terminate or reduce any insurance coverage or any

right of any party under this Code in effect before its

effective date.

(6) Failure of the motorist from whom the claimant is

legally entitled to recover damages to file the appropriate

forms with the Safety Responsibility Section of the Department

of Transportation within 120 days of the accident date shall

create a rebuttable presumption that the motorist was

uninsured at the time of the injurious occurrence.

(7) An insurance carrier may upon good cause require the

insured to commence a legal action against the owner or

operator of an uninsured motor vehicle before good faith

negotiation with the carrier. If the action is commenced at

the request of the insurance carrier, the carrier shall pay to

the insured, before the action is commenced, all court costs,

jury fees and sheriff's fees arising from the action.

The changes made by Public Act 90-451 apply to all

policies of insurance amended, delivered, issued, or renewed

on and after January 1, 1998 (the effective date of Public Act

90-451).

(8) The changes made by Public Act 98-927 apply to all

policies of insurance amended, delivered, issued, or renewed

on and after January 1, 2015 (the effective date of Public Act

98-927).

(Source: P.A. 102-775, eff. 5-13-22; revised 8-3-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 143a. Uninsured and hit-and-run hit and run motor

vehicle coverage.

(1) No policy insuring against loss resulting from

liability imposed by law for bodily injury or death suffered

by any person arising out of the ownership, maintenance or use

of a motor vehicle that is designed for use on public highways

and that is either required to be registered in this State or

is principally garaged in this State shall be renewed,

delivered, or issued for delivery in this State unless

coverage is provided therein or supplemental thereto, in

limits for bodily injury or death set forth in Section 7-203 of

the Illinois Vehicle Code for the protection of persons

insured thereunder who are legally entitled to recover damages

from owners or operators of uninsured motor vehicles and

hit-and-run motor vehicles because of bodily injury, sickness

or disease, including death, resulting therefrom. Uninsured

motor vehicle coverage does not apply to bodily injury,

sickness, disease, or death resulting therefrom, of an insured

while occupying a motor vehicle owned by, or furnished or

available for the regular use of the insured, a resident

spouse or resident relative, if that motor vehicle is not

described in the policy under which a claim is made or is not a

newly acquired or replacement motor vehicle covered under the

terms of the policy. The limits for any coverage for any

vehicle under the policy may not be aggregated with the limits

for any similar coverage, whether provided by the same insurer

or another insurer, applying to other motor vehicles, for

purposes of determining the total limit of insurance coverage

available for bodily injury or death suffered by a person in

any one crash. No policy shall be renewed, delivered, or

issued for delivery in this State unless it is provided

therein that any dispute with respect to the coverage and the

amount of damages shall be submitted for arbitration to the

American Arbitration Association and be subject to its rules

for the conduct of arbitration hearings as to all matters

except medical opinions. As to medical opinions, if the amount

of damages being sought is equal to or less than the amount

provided for in Section 7-203 of the Illinois Vehicle Code,

then the current American Arbitration Association Rules shall

apply. If the amount being sought in an American Arbitration

Association case exceeds that amount as set forth in Section

7-203 of the Illinois Vehicle Code, then the Rules of Evidence

that apply in the circuit court for placing medical opinions

into evidence shall govern. Alternatively, disputes with

respect to damages and the coverage shall be determined in the

following manner: Upon the insured requesting arbitration,

each party to the dispute shall select an arbitrator and the 2

arbitrators so named shall select a third arbitrator. If such

arbitrators are not selected within 45 days from such request,

either party may request that the arbitration be submitted to

the American Arbitration Association. Any decision made by the

arbitrators shall be binding for the amount of damages not

exceeding $75,000 for bodily injury to or death of any one

person, $150,000 for bodily injury to or death of 2 or more

persons in any one motor vehicle crash, or the corresponding

policy limits for bodily injury or death, whichever is less.

All 3-person arbitration cases proceeding in accordance with

any uninsured motorist coverage conducted in this State in

which the claimant is only seeking monetary damages up to the

limits set forth in Section 7-203 of the Illinois Vehicle Code

shall be subject to the following rules:

(A) If at least 60 days' written notice of the

intention to offer the following documents in evidence is

given to every other party, accompanied by a copy of the

document, a party may offer in evidence, without

foundation or other proof:

(1) bills, records, and reports of hospitals,

doctors, dentists, registered nurses, licensed

practical nurses, physical therapists, and other

healthcare providers;

(2) bills for drugs, medical appliances, and

prostheses;

(3) property repair bills or estimates, when

identified and itemized setting forth the charges for

labor and material used or proposed for use in the

repair of the property;

(4) a report of the rate of earnings and time lost

from work or lost compensation prepared by an

employer;

(5) the written opinion of an opinion witness, the

deposition of a witness, and the statement of a

witness that the witness would be allowed to express

if testifying in person, if the opinion or statement

is made by affidavit or by certification as provided

in Section 1-109 of the Code of Civil Procedure;

(6) any other document not specifically covered by

any of the foregoing provisions that is otherwise

admissible under the rules of evidence.

Any party receiving a notice under this paragraph (A)

may apply to the arbitrator or panel of arbitrators, as

the case may be, for the issuance of a subpoena directed to

the author or maker or custodian of the document that is

the subject of the notice, requiring the person subpoenaed

to produce copies of any additional documents as may be

related to the subject matter of the document that is the

subject of the notice. Any such subpoena shall be issued

in substantially similar form and served by notice as

provided by Illinois Supreme Court Rule 204(a)(4). Any

such subpoena shall be returnable not less than 5 days

before the arbitration hearing.

(B) Notwithstanding the provisions of Supreme Court

Rule 213(g), a party who proposes to use a written opinion

of an expert or opinion witness or the testimony of an

expert or opinion witness at the hearing may do so

provided a written notice of that intention is given to

every other party not less than 60 days prior to the date

of hearing, accompanied by a statement containing the

identity of the witness, his or her qualifications, the

subject matter, the basis of the witness's conclusions,

and his or her opinion.

(C) Any other party may subpoena the author or maker

of a document admissible under this subsection, at that

party's expense, and examine the author or maker as if

under cross-examination. The provisions of Section 2-1101

of the Code of Civil Procedure shall be applicable to

arbitration hearings, and it shall be the duty of a party

requesting the subpoena to modify the form to show that

the appearance is set before an arbitration panel and to

give the time and place set for the hearing.

(D) The provisions of Section 2-1102 of the Code of

Civil Procedure shall be applicable to arbitration

hearings under this subsection.

(2) No policy insuring against loss resulting from

liability imposed by law for property damage arising out of

the ownership, maintenance, or use of a motor vehicle shall be

renewed, delivered, or issued for delivery in this State with

respect to any private passenger or recreational motor vehicle

that is designed for use on public highways and that is either

required to be registered in this State or is principally

garaged in this State, unless coverage is made available in

the amount of the actual cash value of the motor vehicle

described in the policy or the corresponding policy limit for

uninsured motor vehicle property damage coverage, whichever is

less, subject to a maximum $250 deductible, for the protection

of persons insured thereunder who are legally entitled to

recover damages from owners or operators of uninsured motor

vehicles and hit-and-run motor vehicles because of property

damage to the motor vehicle described in the policy.

There shall be no liability imposed under the uninsured

motorist property damage coverage required by this subsection

if the owner or operator of the at-fault uninsured motor

vehicle or hit-and-run motor vehicle cannot be identified.

This subsection shall not apply to any policy which does not

provide primary motor vehicle liability insurance for

liabilities arising from the maintenance, operation, or use of

a specifically insured motor vehicle.

Each insurance company providing motor vehicle property

damage liability insurance shall advise applicants of the

availability of uninsured motor vehicle property damage

coverage, the premium therefor, and provide a brief

description of the coverage. That information need be given

only once and shall not be required in any subsequent renewal,

reinstatement or reissuance, substitute, amended, replacement

or supplementary policy. No written rejection shall be

required, and the absence of a premium payment for uninsured

motor vehicle property damage shall constitute conclusive

proof that the applicant or policyholder has elected not to

accept uninsured motorist property damage coverage.

An insurance company issuing uninsured motor vehicle

property damage coverage may provide that:

(i) Property damage losses recoverable thereunder

shall be limited to damages caused by the actual physical

contact of an uninsured motor vehicle with the insured

motor vehicle.

(ii) There shall be no coverage for loss of use of the

insured motor vehicle and no coverage for loss or damage

to personal property located in the insured motor vehicle.

(iii) Any claim submitted shall include the name and

address of the owner of the at-fault uninsured motor

vehicle, or a registration number and description of the

vehicle, or any other available information to establish

that there is no applicable motor vehicle property damage

liability insurance.

Any dispute with respect to the coverage and the amount of

damages shall be submitted for arbitration to the American

Arbitration Association and be subject to its rules for the

conduct of arbitration hearings or for determination in the

following manner: Upon the insured requesting arbitration,

each party to the dispute shall select an arbitrator and the 2

arbitrators so named shall select a third arbitrator. If such

arbitrators are not selected within 45 days from such request,

either party may request that the arbitration be submitted to

the American Arbitration Association. Any arbitration

proceeding under this subsection seeking recovery for property

damages shall be subject to the following rules:

(A) If at least 60 days' written notice of the

intention to offer the following documents in evidence is

given to every other party, accompanied by a copy of the

document, a party may offer in evidence, without

foundation or other proof:

(1) property repair bills or estimates, when

identified and itemized setting forth the charges for

labor and material used or proposed for use in the

repair of the property;

(2) the written opinion of an opinion witness, the

deposition of a witness, and the statement of a

witness that the witness would be allowed to express

if testifying in person, if the opinion or statement

is made by affidavit or by certification as provided

in Section 1-109 of the Code of Civil Procedure;

(3) any other document not specifically covered by

any of the foregoing provisions that is otherwise

admissible under the rules of evidence.

Any party receiving a notice under this paragraph (A)

may apply to the arbitrator or panel of arbitrators, as

the case may be, for the issuance of a subpoena directed to

the author or maker or custodian of the document that is

the subject of the notice, requiring the person subpoenaed

to produce copies of any additional documents as may be

related to the subject matter of the document that is the

subject of the notice. Any such subpoena shall be issued

in substantially similar form and served by notice as

provided by Illinois Supreme Court Rule 204(a)(4). Any

such subpoena shall be returnable not less than 5 days

before the arbitration hearing.

(B) Notwithstanding the provisions of Supreme Court

Rule 213(g), a party who proposes to use a written opinion

of an expert or opinion witness or the testimony of an

expert or opinion witness at the hearing may do so

provided a written notice of that intention is given to

every other party not less than 60 days prior to the date

of hearing, accompanied by a statement containing the

identity of the witness, his or her qualifications, the

subject matter, the basis of the witness's conclusions,

and his or her opinion.

(C) Any other party may subpoena the author or maker

of a document admissible under this subsection, at that

party's expense, and examine the author or maker as if

under cross-examination. The provisions of Section 2-1101

of the Code of Civil Procedure shall be applicable to

arbitration hearings, and it shall be the duty of a party

requesting the subpoena to modify the form to show that

the appearance is set before an arbitration panel and to

give the time and place set for the hearing.

(D) The provisions of Section 2-1102 of the Code of

Civil Procedure shall be applicable to arbitration

hearings under this subsection.

(3) For the purpose of the coverage, the term "uninsured

motor vehicle" includes, subject to the terms and conditions

of the coverage, a motor vehicle where on, before, or after the

date of the crash the liability insurer thereof is unable to

make payment with respect to the legal liability of its

insured within the limits specified in the policy because of

the entry by a court of competent jurisdiction of an order of

rehabilitation or liquidation by reason of insolvency on or

after the date of the crash. An insurer's extension of

coverage, as provided in this subsection, shall be applicable

to all crashes occurring after July 1, 1967 during a policy

period in which its insured's uninsured motor vehicle coverage

is in effect. Nothing in this Section may be construed to

prevent any insurer from extending coverage under terms and

conditions more favorable to its insureds than is required by

this Section.

(4) In the event of payment to any person under the

coverage required by this Section and subject to the terms and

conditions of the coverage, the insurer making the payment

shall, to the extent thereof, be entitled to the proceeds of

any settlement or judgment resulting from the exercise of any

rights of recovery of the person against any person or

organization legally responsible for the property damage,

bodily injury or death for which the payment is made,

including the proceeds recoverable from the assets of the

insolvent insurer. With respect to payments made by reason of

the coverage described in subsection (3), the insurer making

such payment shall not be entitled to any right of recovery

against the tortfeasor in excess of the proceeds recovered

from the assets of the insolvent insurer of the tortfeasor.

(5) This amendatory Act of 1967 (Laws of Illinois 1967,

page 875) shall not be construed to terminate or reduce any

insurance coverage or any right of any party under this Code in

effect before July 1, 1967. Public Act 86-1155 shall not be

construed to terminate or reduce any insurance coverage or any

right of any party under this Code in effect before its

effective date.

(6) Failure of the motorist from whom the claimant is

legally entitled to recover damages to file the appropriate

forms with the Safety Responsibility Section of the Department

of Transportation within 120 days of the date of the crash

shall create a rebuttable presumption that the motorist was

uninsured at the time of the injurious occurrence.

(7) An insurance carrier may upon good cause require the

insured to commence a legal action against the owner or

operator of an uninsured motor vehicle before good faith

negotiation with the carrier. If the action is commenced at

the request of the insurance carrier, the carrier shall pay to

the insured, before the action is commenced, all court costs,

jury fees and sheriff's fees arising from the action.

The changes made by Public Act 90-451 apply to all

policies of insurance amended, delivered, issued, or renewed

on and after January 1, 1998 (the effective date of Public Act

90-451).

(8) The changes made by Public Act 98-927 apply to all

policies of insurance amended, delivered, issued, or renewed

on and after January 1, 2015 (the effective date of Public Act

98-927).

(Source: P.A. 102-775, eff. 5-13-22; 102-982, eff. 7-1-23;

revised 8-3-22.)

(215 ILCS 5/229.4a)

Sec. 229.4a. Standard Nonforfeiture Non-forfeiture Law for

Individual Deferred Annuities.

(1) Title. This Section shall be known as the Standard

Nonforfeiture Law for Individual Deferred Annuities.

(2) Applicability. This Section shall not apply to any

reinsurance, group annuity purchased under a retirement plan

or plan of deferred compensation established or maintained by

an employer (including a partnership or sole proprietorship)

or by an employee organization, or by both, other than a plan

providing individual retirement accounts or individual

retirement annuities under Section 408 of the Internal Revenue

Code, as now or hereafter amended, premium deposit fund,

variable annuity, investment annuity, immediate annuity, any

deferred annuity contract after annuity payments have

commenced, or reversionary annuity, nor to any contract which

shall be delivered outside this State through an agent or

other representative of the company issuing the contract.

(3) Nonforfeiture Requirements.

(A) In the case of contracts issued on or after the

operative date of this Section as defined in subsection

(13), no contract of annuity, except as stated in

subsection (2), shall be delivered or issued for delivery

in this State unless it contains in substance the

following provisions, or corresponding provisions which in

the opinion of the Director of Insurance are at least as

favorable to the contract holder, upon cessation of

payment of considerations under the contract:

(i) That upon cessation of payment of

considerations under a contract, or upon the written

request of the contract owner, the company shall grant

a paid-up annuity benefit on a plan stipulated in the

contract of such value as is specified in subsections

(5), (6), (7), (8), and (10);

(ii) If a contract provides for a lump sum

settlement at maturity, or at any other time, that

upon surrender of the contract at or prior to the

commencement of any annuity payments, the company

shall pay in lieu of a paid-up annuity benefit a cash

surrender benefit of such amount as is specified in

subsections (5), (6), (8), and (10). The company may

reserve the right to defer the payment of the cash

surrender benefit for a period not to exceed 6 months

after demand therefor with surrender of the contract

after making written request and receiving written

approval of the Director. The request shall address

the necessity and equitability to all policyholders of

the deferral;

(iii) A statement of the mortality table, if any,

and interest rates used calculating any minimum

paid-up annuity, cash surrender, or death benefits

that are guaranteed under the contract, together with

sufficient information to determine the amounts of the

benefits; and

(iv) A statement that any paid-up annuity, cash

surrender, or death benefits that may be available

under the contract are not less than the minimum

benefits required by any statute of the state in which

the contract is delivered and an explanation of the

manner in which the benefits are altered by the

existence of any additional amounts credited by the

company to the contract, any indebtedness to the

company on the contract, or any prior withdrawals from

or partial surrenders of the contract.

(B) Notwithstanding the requirements of this Section,

a deferred annuity contract may provide that if no

considerations have been received under a contract for a

period of 2 full years and the portion of the paid-up

annuity benefit at maturity on the plan stipulated in the

contract arising from prior considerations paid would be

less than $20 monthly, the company may at its option

terminate the contract by payment in cash of the then

present value of the portion of the paid-up annuity

benefit, calculated on the basis on the mortality table,

if any, and interest rate specified in the contract for

determining the paid-up annuity benefit, and by this

payment shall be relieved of any further obligation under

the contract.

(4) Minimum values. The minimum values as specified in

subsections (5), (6), (7), (8), and (10) of any paid-up

annuity, cash surrender, or death benefits available under an

annuity contract shall be based upon minimum nonforfeiture

amounts as defined in this subsection.

(A)(i) The minimum nonforfeiture amount at any time at

or prior to the commencement of any annuity payments shall

be equal to an accumulation up to such time at rates of

interest as indicated in subdivision (4)(B) of the net

considerations (as hereinafter defined) paid prior to such

time, decreased by the sum of paragraphs (a) through (d)

below:

(a) Any prior withdrawals from or partial

surrenders of the contract accumulated at rates of

interest as indicated in subdivision (4)(B);

(b) An annual contract charge of $50, accumulated

at rates of interest as indicated in subdivision

(4)(B);

(c) Any premium tax paid by the company for the

contract, accumulated at rates of interest as

indicated in subdivision (4)(B); and

(d) The amount of any indebtedness to the company

on the contract, including interest due and accrued.

(ii) The net considerations for a given contract year

used to define the minimum nonforfeiture amount shall be

an amount equal to 87.5% of the gross considerations,

credited to the contract during that contract year.

(B) The interest rate used in determining minimum

nonforfeiture amounts shall be an annual rate of interest

determined as the lesser of 3% per annum and the

following, which shall be specified in the contract if the

interest rate will be reset:

(i) The 5-year five-year Constant Maturity

Treasury Rate reported by the Federal Reserve as of a

date, or average over a period, rounded to the nearest

1/20th of one percent, specified in the contract no

longer than 15 months prior to the contract issue date

or redetermination date under subdivision (4)(B)(iv);

(ii) Reduced by 125 basis points;

(iii) Where the resulting interest rate is not

less than 0.15%; and

(iv) The interest rate shall apply for an initial

period and may be redetermined for additional periods.

The redetermination date, basis, and period, if any,

shall be stated in the contract. The basis is the date

or average over a specified period that produces the

value of the 5-year Constant Maturity Treasury Rate to

be used at each redetermination date.

(C) During the period or term that a contract provides

substantive participation in an equity indexed benefit, it

may increase the reduction described in subdivision

(4)(B)(ii) above by up to an additional 100 basis points

to reflect the value of the equity index benefit. The

present value at the contract issue date, and at each

redetermination date thereafter, of the additional

reduction shall not exceed market value of the benefit.

The Director may require a demonstration that the present

value of the additional reduction does not exceed the

market value of the benefit. Lacking such a demonstration

that is acceptable to the Director, the Director may

disallow or limit the additional reduction.

(D) The Director may adopt rules to implement the

provisions of subdivision (4)(C) and to provide for

further adjustments to the calculation of minimum

nonforfeiture amounts for contracts that provide

substantive participation in an equity index benefit and

for other contracts that the Director determines

adjustments are justified.

(5) Computation of Present Value. Any paid-up annuity

benefit available under a contract shall be such that its

present value on the date annuity payments are to commence is

at least equal to the minimum nonforfeiture amount on that

date. Present value shall be computed using the mortality

table, if any, and the interest rates specified in the

contract for determining the minimum paid-up annuity benefits

guaranteed in the contract.

(6) Calculation of Cash Surrender Value. For contracts

that provide cash surrender benefits, the cash surrender

benefits available prior to maturity shall not be less than

the present value as of the date of surrender of that portion

of the maturity value of the paid-up annuity benefit that

would be provided under the contract at maturity arising from

considerations paid prior to the time of cash surrender

reduced by the amount appropriate to reflect any prior

withdrawals from or partial surrenders of the contract, such

present value being calculated on the basis of an interest

rate not more than 1% higher than the interest rate specified

in the contract for accumulating the net considerations to

determine maturity value, decreased by the amount of any

indebtedness to the company on the contract, including

interest due and accrued, and increased by any existing

additional amounts credited by the company to the contract. In

no event shall any cash surrender benefit be less than the

minimum nonforfeiture amount at that time. The death benefit

under such contracts shall be at least equal to the cash

surrender benefit.

(7) Calculation of Paid-up Annuity Benefits. For contracts

that do not provide cash surrender benefits, the present value

of any paid-up annuity benefit available as a nonforfeiture

option at any time prior to maturity shall not be less than the

present value of that portion of the maturity value of the

paid-up annuity benefit provided under the contract arising

from considerations paid prior to the time the contract is

surrendered in exchange for, or changed to, a deferred paid-up

annuity, such present value being calculated for the period

prior to the maturity date on the basis of the interest rate

specified in the contract for accumulating the net

considerations to determine maturity value, and increased by

any additional amounts credited by the company to the

contract. For contracts that do not provide any death benefits

prior to the commencement of any annuity payments, present

values shall be calculated on the basis of such interest rate

and the mortality table specified in the contract for

determining the maturity value of the paid-up annuity benefit.

However, in no event shall the present value of a paid-up

annuity benefit be less than the minimum nonforfeiture amount

at that time.

(8) Maturity Date. For the purpose of determining the

benefits calculated under subsections (6) and (7), in the case

of annuity contracts under which an election may be made to

have annuity payments commence at optional maturity dates, the

maturity date shall be deemed to be the latest date for which

election shall be permitted by the contract, but shall not be

deemed to be later than the anniversary of the contract next

following the annuitant's seventieth birthday or the tenth

anniversary of the contract, whichever is later.

(9) Disclosure of Limited Death Benefits. A contract that

does not provide cash surrender benefits or does not provide

death benefits at least equal to the minimum nonforfeiture

amount prior to the commencement of any annuity payments shall

include a statement in a prominent place in the contract that

such benefits are not provided.

(10) Inclusion of Lapse of Time Considerations. Any

paid-up annuity, cash surrender, or death benefits available

at any time, other than on the contract anniversary under any

contract with fixed scheduled considerations, shall be

calculated with allowance for the lapse of time and the

payment of any scheduled considerations beyond the beginning

of the contract year in which cessation of payment of

considerations under the contract occurs.

(11) Proration of Values; Additional Benefits. For a

contract which provides, within the same contract by rider or

supplemental contract provision, both annuity benefits and

life insurance benefits that are in excess of the greater of

cash surrender benefits or a return of the gross

considerations with interest, the minimum nonforfeiture

benefits shall be equal to the sum of the minimum

nonforfeiture benefits for the annuity portion and the minimum

nonforfeiture benefits, if any, for the life insurance portion

computed as if each portion were a separate contract.

Notwithstanding the provisions of subsections (5), (6), (7),

(8), and (10), additional benefits payable in the event of

total and permanent disability, as reversionary annuity or

deferred reversionary annuity benefits, or as other policy

benefits additional to life insurance, endowment, and annuity

benefits, and considerations for all such additional benefits,

shall be disregarded in ascertaining the minimum nonforfeiture

amounts, paid-up annuity, cash surrender, and death benefits

that may be required under this Section. The inclusion of such

benefits shall not be required in any paid-up benefits, unless

the additional benefits separately would require minimum

nonforfeiture amounts, paid-up annuity, cash surrender, and

death benefits.

(12) Rules. The Director may adopt rules to implement the

provisions of this Section.

(13) Effective Date. After August 6, 2004 (the effective

date of Public Act 93-873) this amendatory Act of the 93rd

General Assembly, a company may elect to apply its provisions

to annuity contracts on a contract form-by-contract form basis

before July 1, 2006. In all other instances, this Section

shall become operative with respect to annuity contracts

issued by the company on or after July 1, 2006.

(14) (Blank).

(Source: P.A. 102-775, eff. 5-13-22; revised 8-19-22.)

(215 ILCS 5/356z.14)

Sec. 356z.14. Autism spectrum disorders.

(a) A group or individual policy of accident and health

insurance or managed care plan amended, delivered, issued, or

renewed after December 12, 2008 (the effective date of Public

Act 95-1005) this amendatory Act of the 95th General Assembly

must provide individuals under 21 years of age coverage for

the diagnosis of autism spectrum disorders and for the

treatment of autism spectrum disorders to the extent that the

diagnosis and treatment of autism spectrum disorders are not

already covered by the policy of accident and health insurance

or managed care plan.

(b) Coverage provided under this Section shall be subject

to a maximum benefit of $36,000 per year, but shall not be

subject to any limits on the number of visits to a service

provider. After December 30, 2009, the Director of the

Division of Insurance shall, on an annual basis, adjust the

maximum benefit for inflation using the Medical Care Component

of the United States Department of Labor Consumer Price Index

for All Urban Consumers. Payments made by an insurer on behalf

of a covered individual for any care, treatment, intervention,

service, or item, the provision of which was for the treatment

of a health condition not diagnosed as an autism spectrum

disorder, shall not be applied toward any maximum benefit

established under this subsection.

(c) Coverage under this Section shall be subject to

copayment, deductible, and coinsurance provisions of a policy

of accident and health insurance or managed care plan to the

extent that other medical services covered by the policy of

accident and health insurance or managed care plan are subject

to these provisions.

(d) This Section shall not be construed as limiting

benefits that are otherwise available to an individual under a

policy of accident and health insurance or managed care plan

and benefits provided under this Section may not be subject to

dollar limits, deductibles, copayments, or coinsurance

provisions that are less favorable to the insured than the

dollar limits, deductibles, or coinsurance provisions that

apply to physical illness generally.

(e) An insurer may not deny or refuse to provide otherwise

covered services, or refuse to renew, refuse to reissue, or

otherwise terminate or restrict coverage under an individual

contract to provide services to an individual because the

individual or their dependent is diagnosed with an autism

spectrum disorder or due to the individual utilizing benefits

in this Section.

(e-5) An insurer may not deny or refuse to provide

otherwise covered services under a group or individual policy

of accident and health insurance or a managed care plan solely

because of the location wherein the clinically appropriate

services are provided.

(f) Upon request of the reimbursing insurer, a provider of

treatment for autism spectrum disorders shall furnish medical

records, clinical notes, or other necessary data that

substantiate that initial or continued medical treatment is

medically necessary and is resulting in improved clinical

status. When treatment is anticipated to require continued

services to achieve demonstrable progress, the insurer may

request a treatment plan consisting of diagnosis, proposed

treatment by type, frequency, anticipated duration of

treatment, the anticipated outcomes stated as goals, and the

frequency by which the treatment plan will be updated.

(g) When making a determination of medical necessity for a

treatment modality for autism spectrum disorders, an insurer

must make the determination in a manner that is consistent

with the manner used to make that determination with respect

to other diseases or illnesses covered under the policy,

including an appeals process. During the appeals process, any

challenge to medical necessity must be viewed as reasonable

only if the review includes a physician with expertise in the

most current and effective treatment modalities for autism

spectrum disorders.

(h) Coverage for medically necessary early intervention

services must be delivered by certified early intervention

specialists, as defined in 89 Ill. Adm. Admin. Code 500 and any

subsequent amendments thereto.

(h-5) If an individual has been diagnosed as having an

autism spectrum disorder, meeting the diagnostic criteria in

place at the time of diagnosis, and treatment is determined

medically necessary, then that individual shall remain

eligible for coverage under this Section even if subsequent

changes to the diagnostic criteria are adopted by the American

Psychiatric Association. If no changes to the diagnostic

criteria are adopted after April 1, 2012, and before December

31, 2014, then this subsection (h-5) shall be of no further

force and effect.

(h-10) An insurer may not deny or refuse to provide

covered services, or refuse to renew, refuse to reissue, or

otherwise terminate or restrict coverage under an individual

contract, for a person diagnosed with an autism spectrum

disorder on the basis that the individual declined an

alternative medication or covered service when the

individual's health care provider has determined that such

medication or covered service may exacerbate clinical

symptomatology and is medically contraindicated for the

individual and the individual has requested and received a

medical exception as provided for under Section 45.1 of the

Managed Care Reform and Patient Rights Act. For the purposes

of this subsection (h-10), "clinical symptomatology" means any

indication of disorder or disease when experienced by an

individual as a change from normal function, sensation, or

appearance.

(h-15) If, at any time, the Secretary of the United States

Department of Health and Human Services, or its successor

agency, promulgates rules or regulations to be published in

the Federal Register or publishes a comment in the Federal

Register or issues an opinion, guidance, or other action that

would require the State, pursuant to any provision of the

Patient Protection and Affordable Care Act (Public Law

111-148), including, but not limited to, 42 U.S.C.

18031(d)(3)(B) or any successor provision, to defray the cost

of any coverage outlined in subsection (h-10), then subsection

(h-10) is inoperative with respect to all coverage outlined in

subsection (h-10) other than that authorized under Section

1902 of the Social Security Act, 42 U.S.C. 1396a, and the State

shall not assume any obligation for the cost of the coverage

set forth in subsection (h-10).

(i) As used in this Section:

"Autism spectrum disorders" means pervasive developmental

disorders as defined in the most recent edition of the

Diagnostic and Statistical Manual of Mental Disorders,

including autism, Asperger's disorder, and pervasive

developmental disorder not otherwise specified.

"Diagnosis of autism spectrum disorders" means one or more

tests, evaluations, or assessments to diagnose whether an

individual has autism spectrum disorder that is prescribed,

performed, or ordered by (A) a physician licensed to practice

medicine in all its branches or (B) a licensed clinical

psychologist with expertise in diagnosing autism spectrum

disorders.

"Medically necessary" means any care, treatment,

intervention, service or item which will or is reasonably

expected to do any of the following: (i) prevent the onset of

an illness, condition, injury, disease, or disability; (ii)

reduce or ameliorate the physical, mental or developmental

effects of an illness, condition, injury, disease, or

disability; or (iii) assist to achieve or maintain maximum

functional activity in performing daily activities.

"Treatment for autism spectrum disorders" shall include

the following care prescribed, provided, or ordered for an

individual diagnosed with an autism spectrum disorder by (A) a

physician licensed to practice medicine in all its branches or

(B) a certified, registered, or licensed health care

professional with expertise in treating effects of autism

spectrum disorders when the care is determined to be medically

necessary and ordered by a physician licensed to practice

medicine in all its branches:

(1) Psychiatric care, meaning direct, consultative, or

diagnostic services provided by a licensed psychiatrist.

(2) Psychological care, meaning direct or consultative

services provided by a licensed psychologist.

(3) Habilitative or rehabilitative care, meaning

professional, counseling, and guidance services and

treatment programs, including applied behavior analysis,

that are intended to develop, maintain, and restore the

functioning of an individual. As used in this subsection

(i), "applied behavior analysis" means the design,

implementation, and evaluation of environmental

modifications using behavioral stimuli and consequences to

produce socially significant improvement in human

behavior, including the use of direct observation,

measurement, and functional analysis of the relations

between environment and behavior.

(4) Therapeutic care, including behavioral, speech,

occupational, and physical therapies that provide

treatment in the following areas: (i) self care and

feeding, (ii) pragmatic, receptive, and expressive

language, (iii) cognitive functioning, (iv) applied

behavior analysis, intervention, and modification, (v)

motor planning, and (vi) sensory processing.

(j) Rulemaking authority to implement this amendatory Act

of the 95th General Assembly, if any, is conditioned on the

rules being adopted in accordance with all provisions of the

Illinois Administrative Procedure Act and all rules and

procedures of the Joint Committee on Administrative Rules; any

purported rule not so adopted, for whatever reason, is

unauthorized.

(Source: P.A. 102-322, eff. 1-1-22; revised 2-28-22.)

(215 ILCS 5/356z.53)

Sec. 356z.53. Coverage for home health services. A group

or individual policy of accident and health insurance or a

managed care plan that is amended, delivered, issued, or

renewed on or after January 1, 2024 shall provide coverage for

access to home health services for the duration of medically

necessary care.

(Source: P.A. 102-816, eff. 1-1-23; revised 12-29-22.)

(215 ILCS 5/356z.54)

Sec. 356z.54 356z.53. Coverage for breast reduction

surgery. A group or individual policy of accident and health

insurance or a managed care plan that is amended, delivered,

issued, or renewed on or after January 1, 2024 shall provide

coverage for medically necessary breast reduction surgery.

(Source: P.A. 102-731, eff. 1-1-23; revised 12-29-22.)

(215 ILCS 5/356z.55)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 356z.55 356z.53. Coverage for cleft lip and cleft

palate.

(a) As used in this Section, "medically necessary care and

treatment" to address congenital anomalies associated with a

cleft lip or palate, or both, includes:

(1) oral and facial surgery, including reconstructive

services and procedures necessary to improve and restore

and maintain vital functions;

(2) prosthetic treatment such as obturators

obdurators, speech appliances, and feeding appliances;

(3) orthodontic treatment and management;

(4) prosthodontic treatment and management; and

(5) otolaryngology treatment and management.

"Medically necessary care and treatment" does not include

cosmetic surgery performed to reshape normal structures of the

lip, jaw, palate, or other facial structures to improve

appearance.

(b) An individual or group policy of accident and health

insurance amended, delivered, issued, or renewed on or after

January 1, 2024 (the effective date of Public Act 102-768)

this amendatory Act of the 102nd General Assembly shall

provide coverage for the medically necessary care and

treatment of cleft lip and palate for children under the age of

19. Coverage for cleft lip and palate care and treatment may

impose the same deductible, coinsurance, or other cost-sharing

limitation that is imposed on other related surgical benefits

under the policy.

(c) This Section does not apply to a policy that covers

only dental care.

(Source: P.A. 102-768, eff. 1-1-24; revised 7-25-22.)

(215 ILCS 5/356z.56)

Sec. 356z.56 356z.53. Coverage for hormone therapy to

treat menopause. A group or individual policy of accident and

health insurance or a managed care plan that is amended,

delivered, issued, or renewed on or after January 1, 2024

shall provide coverage for medically necessary hormone therapy

treatment to treat menopause that has been induced by a

hysterectomy.

(Source: P.A. 102-804, eff. 1-1-23; revised 12-29-22.)

(215 ILCS 5/356z.57)

Sec. 356z.57 356z.53. Pediatric palliative care.

(a) A group or individual policy of accident and health

insurance or a managed care plan amended, delivered, issued,

or renewed on or after January 1, 2024 shall provide coverage

for community-based pediatric palliative care and hospice

care. This care shall be delivered to any qualifying child

with a serious illness by a trained interdisciplinary team

that allows a child to receive community-based pediatric

palliative care and hospice care while continuing to pursue

curative treatment and disease-directed therapies for the

qualifying illness.

(b) As used in this Section, "palliative care" and

"serious illness" have the same meaning as set forth in the

Pediatric Palliative Care Act.

(Source: P.A. 102-860, eff. 1-1-23; revised 12-29-22.)

(215 ILCS 5/356z.58)

Sec. 356z.58 356z.53. Prenatal vitamins coverage. A group

or individual policy of accident and health insurance that is

amended, delivered, issued, or renewed on or after January 1,

2024 that provides coverage for prescription drugs shall

provide coverage for prenatal vitamins when prescribed by a

physician licensed to practice medicine in all of its branches

or an advanced practice registered nurse licensed under the

Nurse Practice Act.

(Source: P.A. 102-930, eff. 1-1-23; revised 12-29-22.)

(215 ILCS 5/356z.59)

Sec. 356z.59 356z.53. Coverage for continuous glucose

monitors. A group or individual policy of accident and health

insurance or a managed care plan that is amended, delivered,

issued, or renewed on or after January 1, 2024 shall provide

coverage for medically necessary continuous glucose monitors

for individuals who are diagnosed with type 1 or type 2

diabetes and require insulin for the management of their

diabetes.

(Source: P.A. 102-1093, eff. 1-1-23; revised 12-29-22.)

(215 ILCS 5/364.01)

Sec. 364.01. Qualified clinical cancer trials.

(a) No individual or group policy of accident and health

insurance issued or renewed in this State may be cancelled or

non-renewed for any individual based on that individual's

participation in a qualified clinical cancer trial.

(b) Qualified clinical cancer trials must meet the

following criteria:

(1) the effectiveness of the treatment has not been

determined relative to established therapies;

(2) the trial is under clinical investigation as part

of an approved cancer research trial in Phase II, Phase

III, or Phase IV of investigation;

(3) the trial is:

(A) approved by the Food and Drug Administration;

or

(B) approved and funded by the National Institutes

of Health, the Centers for Disease Control and

Prevention, the Agency for Healthcare Research and

Quality, the United States Department of Defense, the

United States Department of Veterans Affairs, or the

United States Department of Energy in the form of an

investigational new drug application, or a cooperative

group or center of any entity described in this

subdivision (B); and

(4) the patient's primary care physician, if any, is

involved in the coordination of care.

(c) No group policy of accident and health insurance shall

exclude coverage for any routine patient care administered to

an insured who is a qualified individual participating in a

qualified clinical cancer trial, if the policy covers that

same routine patient care of insureds not enrolled in a

qualified clinical cancer trial.

(d) The coverage that may not be excluded under subsection

(c) of this Section is subject to all terms, conditions,

restrictions, exclusions, and limitations that apply to the

same routine patient care received by an insured not enrolled

in a qualified clinical cancer trial, including the

application of any authorization requirement, utilization

review, or medical management practices. The insured or

enrollee shall incur no greater out-of-pocket liability than

had the insured or enrollee not enrolled in a qualified

clinical cancer trial.

(e) If the group policy of accident and health insurance

uses a preferred provider program and a preferred provider

provides routine patient care in connection with a qualified

clinical cancer trial, then the insurer may require the

insured to use the preferred provider if the preferred

provider agrees to provide to the insured that routine patient

care.

(f) A qualified clinical cancer trial may not pay or

refuse to pay for routine patient care of an individual

participating in the trial, based in whole or in part on the

person's having or not having coverage for routine patient

care under a group policy of accident and health insurance.

(g) Nothing in this Section shall be construed to limit an

insurer's coverage with respect to clinical trials.

(h) Nothing in this Section shall require coverage for

out-of-network services where the underlying health benefit

plan does not provide coverage for out-of-network services.

(i) As used in this Section, "routine patient care" means

all health care services provided in the qualified clinical

cancer trial that are otherwise generally covered under the

policy if those items or services were not provided in

connection with a qualified clinical cancer trial consistent

with the standard of care for the treatment of cancer,

including the type and frequency of any diagnostic modality,

that a provider typically provides to a cancer patient who is

not enrolled in a qualified clinical cancer trial. "Routine

patient care" does not include, and a group policy of accident

and health insurance may exclude, coverage for:

(1) a health care service, item, or drug that is the

subject of the cancer clinical trial;

(2) a health care service, item, or drug provided

solely to satisfy data collection and analysis needs for

the qualified clinical cancer trial that is not used in

the direct clinical management of the patient;

(3) an investigational drug or device that has not

been approved for market by the United States Food and

Drug Administration;

(4) transportation, lodging, food, or other expenses

for the patient or a family member or companion of the

patient that are associated with the travel to or from a

facility providing the qualified clinical cancer trial,

unless the policy covers these expenses for a cancer

patient who is not enrolled in a qualified clinical cancer

trial;

(5) a health care service, item, or drug customarily

provided by the qualified clinical cancer trial sponsors

free of charge for any patient;

(6) a health care service or item, which except for

the fact that it is being provided in a qualified clinical

cancer trial, is otherwise specifically excluded from

coverage under the insured's policy, including:

(A) costs of extra treatments, services,

procedures, tests, or drugs that would not be

performed or administered except for the fact that the

insured is participating in the cancer clinical trial;

and

(B) costs of nonhealth care services that the

patient is required to receive as a result of

participation in the approved cancer clinical trial;

(7) costs for services, items, or drugs that are

eligible for reimbursement from a source other than a

patient's contract or policy providing for third-party

payment or prepayment of health or medical expenses,

including the sponsor of the approved cancer clinical

trial;

(8) costs associated with approved cancer clinical

trials designed exclusively to test toxicity or disease

pathophysiology, unless the policy covers these expenses

for a cancer patient who is not enrolled in a qualified

clinical cancer trial; or

(9) a health care service or item that is eligible for

reimbursement by a source other than the insured's policy,

including the sponsor of the qualified clinical cancer

trial.

The definitions of the terms "health care services",

"Non-Preferred Provider", "Preferred Provider", and "Preferred

Provider Program", stated in 50 Ill. IL Adm. Code Part 2051

Preferred Provider Programs apply to these terms in this

Section.

(j) The external review procedures established under the

Health Carrier External Review Act shall apply to the

provisions under this Section.

(Source: P.A. 97-91, eff. 1-1-12; 97-813, eff. 7-13-12;

revised 3-16-22.)

(215 ILCS 5/513b1)

Sec. 513b1. Pharmacy benefit manager contracts.

(a) As used in this Section:

"340B drug discount program" means the program established

under Section 340B of the federal Public Health Service Act,

42 U.S.C. 256b.

"340B entity" means a covered entity as defined in 42

U.S.C. 256b(a)(4) authorized to participate in the 340B drug

discount program.

"340B pharmacy" means any pharmacy used to dispense 340B

drugs for a covered entity, whether entity-owned or external.

"Biological product" has the meaning ascribed to that term

in Section 19.5 of the Pharmacy Practice Act.

"Maximum allowable cost" means the maximum amount that a

pharmacy benefit manager will reimburse a pharmacy for the

cost of a drug.

"Maximum allowable cost list" means a list of drugs for

which a maximum allowable cost has been established by a

pharmacy benefit manager.

"Pharmacy benefit manager" means a person, business, or

entity, including a wholly or partially owned or controlled

subsidiary of a pharmacy benefit manager, that provides claims

processing services or other prescription drug or device

services, or both, for health benefit plans.

"Retail price" means the price an individual without

prescription drug coverage would pay at a retail pharmacy, not

including a pharmacist dispensing fee.

"Third-party payer" means any entity that pays for

prescription drugs on behalf of a patient other than a health

care provider or sponsor of a plan subject to regulation under

Medicare Part D, 42 U.S.C. 1395w-101, et seq.

(b) A contract between a health insurer and a pharmacy

benefit manager must require that the pharmacy benefit

manager:

(1) Update maximum allowable cost pricing information

at least every 7 calendar days.

(2) Maintain a process that will, in a timely manner,

eliminate drugs from maximum allowable cost lists or

modify drug prices to remain consistent with changes in

pricing data used in formulating maximum allowable cost

prices and product availability.

(3) Provide access to its maximum allowable cost list

to each pharmacy or pharmacy services administrative

organization subject to the maximum allowable cost list.

Access may include a real-time pharmacy website portal to

be able to view the maximum allowable cost list. As used in

this Section, "pharmacy services administrative

organization" means an entity operating within the State

that contracts with independent pharmacies to conduct

business on their behalf with third-party payers. A

pharmacy services administrative organization may provide

administrative services to pharmacies and negotiate and

enter into contracts with third-party payers or pharmacy

benefit managers on behalf of pharmacies.

(4) Provide a process by which a contracted pharmacy

can appeal the provider's reimbursement for a drug subject

to maximum allowable cost pricing. The appeals process

must, at a minimum, include the following:

(A) A requirement that a contracted pharmacy has

14 calendar days after the applicable fill date to

appeal a maximum allowable cost if the reimbursement

for the drug is less than the net amount that the

network provider paid to the supplier of the drug.

(B) A requirement that a pharmacy benefit manager

must respond to a challenge within 14 calendar days of

the contracted pharmacy making the claim for which the

appeal has been submitted.

(C) A telephone number and e-mail address or

website to network providers, at which the provider

can contact the pharmacy benefit manager to process

and submit an appeal.

(D) A requirement that, if an appeal is denied,

the pharmacy benefit manager must provide the reason

for the denial and the name and the national drug code

number from national or regional wholesalers.

(E) A requirement that, if an appeal is sustained,

the pharmacy benefit manager must make an adjustment

in the drug price effective the date the challenge is

resolved and make the adjustment applicable to all

similarly situated network pharmacy providers, as

determined by the managed care organization or

pharmacy benefit manager.

(5) Allow a plan sponsor contracting with a pharmacy

benefit manager an annual right to audit compliance with

the terms of the contract by the pharmacy benefit manager,

including, but not limited to, full disclosure of any and

all rebate amounts secured, whether product specific or

generalized rebates, that were provided to the pharmacy

benefit manager by a pharmaceutical manufacturer.

(6) Allow a plan sponsor contracting with a pharmacy

benefit manager to request that the pharmacy benefit

manager disclose the actual amounts paid by the pharmacy

benefit manager to the pharmacy.

(7) Provide notice to the party contracting with the

pharmacy benefit manager of any consideration that the

pharmacy benefit manager receives from the manufacturer

for dispense as written prescriptions once a generic or

biologically similar product becomes available.

(c) In order to place a particular prescription drug on a

maximum allowable cost list, the pharmacy benefit manager

must, at a minimum, ensure that:

(1) if the drug is a generically equivalent drug, it

is listed as therapeutically equivalent and

pharmaceutically equivalent "A" or "B" rated in the United

States Food and Drug Administration's most recent version

of the "Orange Book" or have an NR or NA rating by

Medi-Span, Gold Standard, or a similar rating by a

nationally recognized reference;

(2) the drug is available for purchase by each

pharmacy in the State from national or regional

wholesalers operating in Illinois; and

(3) the drug is not obsolete.

(d) A pharmacy benefit manager is prohibited from limiting

a pharmacist's ability to disclose whether the cost-sharing

obligation exceeds the retail price for a covered prescription

drug, and the availability of a more affordable alternative

drug, if one is available in accordance with Section 42 of the

Pharmacy Practice Act.

(e) A health insurer or pharmacy benefit manager shall not

require an insured to make a payment for a prescription drug at

the point of sale in an amount that exceeds the lesser of:

(1) the applicable cost-sharing amount; or

(2) the retail price of the drug in the absence of

prescription drug coverage.

(f) Unless required by law, a contract between a pharmacy

benefit manager or third-party payer and a 340B entity or 340B

pharmacy shall not contain any provision that:

(1) distinguishes between drugs purchased through the

340B drug discount program and other drugs when

determining reimbursement or reimbursement methodologies,

or contains otherwise less favorable payment terms or

reimbursement methodologies for 340B entities or 340B

pharmacies when compared to similarly situated non-340B

entities;

(2) imposes any fee, chargeback, or rate adjustment

that is not similarly imposed on similarly situated

pharmacies that are not 340B entities or 340B pharmacies;

(3) imposes any fee, chargeback, or rate adjustment

that exceeds the fee, chargeback, or rate adjustment that

is not similarly imposed on similarly situated pharmacies

that are not 340B entities or 340B pharmacies;

(4) prevents or interferes with an individual's choice

to receive a covered prescription drug from a 340B entity

or 340B pharmacy through any legally permissible means,

except that nothing in this paragraph shall prohibit the

establishment of differing copayments or other

cost-sharing amounts within the benefit plan for covered

persons who acquire covered prescription drugs from a

nonpreferred or nonparticipating provider;

(5) excludes a 340B entity or 340B pharmacy from a

pharmacy network on any basis that includes consideration

of whether the 340B entity or 340B pharmacy participates

in the 340B drug discount program;

(6) prevents a 340B entity or 340B pharmacy from using

a drug purchased under the 340B drug discount program; or

(7) any other provision that discriminates against a

340B entity or 340B pharmacy by treating the 340B entity

or 340B pharmacy differently than non-340B entities or

non-340B pharmacies for any reason relating to the

entity's participation in the 340B drug discount program.

As used in this subsection, "pharmacy benefit manager" and

"third-party payer" do not include pharmacy benefit managers

and third-party payers acting on behalf of a Medicaid program.

(g) A violation of this Section by a pharmacy benefit

manager constitutes an unfair or deceptive act or practice in

the business of insurance under Section 424.

(h) A provision that violates subsection (f) in a contract

between a pharmacy benefit manager or a third-party payer and

a 340B entity that is entered into, amended, or renewed after

July 1, 2022 shall be void and unenforceable.

(i) This Section applies to contracts entered into or

renewed on or after July 1, 2022.

(j) This Section applies to any group or individual policy

of accident and health insurance or managed care plan that

provides coverage for prescription drugs and that is amended,

delivered, issued, or renewed on or after July 1, 2020.

(Source: P.A. 101-452, eff. 1-1-20; 102-778, eff. 7-1-22;

revised 8-19-22.)

Section 435. The Small Employer Health Insurance Rating

Act is amended by changing Section 25 as follows:

(215 ILCS 93/25)

Sec. 25. Premium Rates.

(a) Premium rates for health benefit plans subject to this

Act shall be subject to all of the following provisions:

(1) The index rate for a rating period for any class of

business shall not exceed the index rate for any other

class of business by more than 20%.

(2) For a class of business, the premium rates charged

during a rating period to small employers with similar

case characteristics for the same or similar coverage, or

the rates that could be charged to such employers under

the rating system for that class of business, shall not

vary from the index rate by more than 25% of the index

rate.

(3) The percentage increase in the premium rate

charged to a small employer for a new rating period shall

not exceed the sum of the following:

(A) the percentage change in the new business

premium rate measured from the first day of the prior

rating period to the first day of the new rating

period. In the case of a health benefit plan into which

the small employer carrier is no longer enrolling new

small employers, the small employer carrier shall use

the percentage change in the base premium rate;

(B) an adjustment, not to exceed 15% annually and

adjusted pro rata for rating periods of less than one

year, due to claim experience, health status, or

duration of coverage of the employees or dependents of

the small employer as determined from the small

employer carrier's rate manual for the class of

business; and

(C) any adjustment due to change in coverage or

change in the case characteristics of the small

employer as determined from the small employer

carrier's rate manual for the class of business.

(4) Adjustments in rates for a new rating period due

to claim experience, health status, and duration of

coverage shall not be charged to individual employees or

dependents. Any such adjustment shall be applied uniformly

to the rates charged for all employees and dependents of

the small employer.

(5) In the case of health benefit plans delivered or

issued for delivery prior to the effective date of this

Act, a premium rate for a rating period may exceed the

ranges set forth in items (1) and (2) of this subsection

(a) for a period of 3 years following the effective date of

this Act. In such case, the percentage increase in the

premium rate charged to a small employer for a new rating

period shall not exceed the sum of the following:

(A) the percentage change in the new business

premium rate measured from the first day of the prior

rating period to the first day of the new rating

period; in the case of a class of business into which

the small employer carrier is no longer enrolling new

small employers employes, the small employer carrier

shall use the percentage change in the base premium

rate, provided that such change does not exceed, on a

percentage basis, the change in the new business

premium rate for the most similar class of business

into which the small employer carrier is actively

enrolling new small employers; and

(B) any adjustment due to change in coverage or

change in the case characteristics of the small

employer as determined from the carrier's rate manual

for the class of business.

(6) Small employer carriers shall apply rating

factors, including case characteristics, consistently with

respect to all small employers in a class of business. A

small employer carrier shall treat all health benefit

plans issued or renewed in the same calendar month as

having the same rating period.

(7) For the purposes of this subsection, a health

benefit plan that contains a restricted network provision

shall not be considered similar coverage to a health

benefit plan that does not contain such a provision,

provided that the restriction of benefits to network

providers results in substantial differences in claim

costs.

(b) A small employer carrier shall not transfer a small

employer involuntarily into or out of a class of business. A

small employer carrier shall not offer to transfer a small

employer into or out of a class of business unless such offer

is made to transfer all small employers in the class of

business without regard to case characteristics, claim

experience, health status, or duration of coverage since

issue.

(Source: P.A. 91-510, eff. 1-1-00; revised 8-19-22.)

Section 440. The Health Maintenance Organization Act is

amended by changing Sections 4.5-1 and 5-3 as follows:

(215 ILCS 125/4.5-1)

Sec. 4.5-1. Point-of-service health service contracts.

(a) A health maintenance organization that offers a

point-of-service contract:

(1) must include as in-plan covered services all

services required by law to be provided by a health

maintenance organization;

(2) must provide incentives, which shall include

financial incentives, for enrollees to use in-plan covered

services;

(3) may not offer services out-of-plan without

providing those services on an in-plan basis;

(4) may include annual out-of-pocket limits and

lifetime maximum benefits allowances for out-of-plan

services that are separate from any limits or allowances

applied to in-plan services;

(5) may not consider emergency services, authorized

referral services, or non-routine services obtained out of

the service area to be point-of-service services;

(6) may treat as out-of-plan services those services

that an enrollee obtains from a participating provider,

but for which the proper authorization was not given by

the health maintenance organization; and

(7) after January 1, 2003 (the effective date of

Public Act 92-579) this amendatory Act of the 92nd General

Assembly, must include the following disclosure on its

point-of-service contracts and evidences of coverage:

"WARNING, LIMITED BENEFITS WILL BE PAID WHEN

NON-PARTICIPATING PROVIDERS ARE USED. You should be aware

that when you elect to utilize the services of a

non-participating provider for a covered service in

non-emergency situations, benefit payments to such

non-participating provider are not based upon the amount

billed. The basis of your benefit payment will be

determined according to your policy's fee schedule, usual

and customary charge (which is determined by comparing

charges for similar services adjusted to the geographical

area where the services are performed), or other method as

defined by the policy. YOU CAN EXPECT TO PAY MORE THAN THE

COINSURANCE AMOUNT DEFINED IN THE POLICY AFTER THE PLAN

HAS PAID ITS REQUIRED PORTION. Non-participating providers

may bill members for any amount up to the billed charge

after the plan has paid its portion of the bill, except as

provided in Section 356z.3a of the Illinois Insurance Code

for covered services received at a participating health

care facility from a non-participating provider that are:

(a) ancillary services, (b) items or services furnished as

a result of unforeseen, urgent medical needs that arise at

the time the item or service is furnished, or (c) items or

services received when the facility or the

non-participating provider fails to satisfy the notice and

consent criteria specified under Section 356z.3a.

Participating providers have agreed to accept discounted

payments for services with no additional billing to the

member other than co-insurance and deductible amounts. You

may obtain further information about the participating

status of professional providers and information on

out-of-pocket expenses by calling the toll free telephone

number on your identification card.".

(b) A health maintenance organization offering a

point-of-service contract is subject to all of the following

limitations:

(1) The health maintenance organization may not expend

in any calendar quarter more than 20% of its total

expenditures for all its members for out-of-plan covered

services.

(2) If the amount specified in item (1) of this

subsection is exceeded by 2% in a quarter, the health

maintenance organization must effect compliance with item

(1) of this subsection by the end of the following

quarter.

(3) If compliance with the amount specified in item

(1) of this subsection is not demonstrated in the health

maintenance organization's next quarterly report, the

health maintenance organization may not offer the

point-of-service contract to new groups or include the

point-of-service option in the renewal of an existing

group until compliance with the amount specified in item

(1) of this subsection is demonstrated or until otherwise

allowed by the Director.

(4) A health maintenance organization failing, without

just cause, to comply with the provisions of this

subsection shall be required, after notice and hearing, to

pay a penalty of $250 for each day out of compliance, to be

recovered by the Director. Any penalty recovered shall be

paid into the General Revenue Fund. The Director may

reduce the penalty if the health maintenance organization

demonstrates to the Director that the imposition of the

penalty would constitute a financial hardship to the

health maintenance organization.

(c) A health maintenance organization that offers a

point-of-service product must do all of the following:

(1) File a quarterly financial statement detailing

compliance with the requirements of subsection (b).

(2) Track out-of-plan, point-of-service utilization

separately from in-plan or non-point-of-service,

out-of-plan emergency care, referral care, and urgent care

out of the service area utilization.

(3) Record out-of-plan utilization in a manner that

will permit such utilization and cost reporting as the

Director may, by rule, require.

(4) Demonstrate to the Director's satisfaction that

the health maintenance organization has the fiscal,

administrative, and marketing capacity to control its

point-of-service enrollment, utilization, and costs so as

not to jeopardize the financial security of the health

maintenance organization.

(5) Maintain, in addition to any other deposit

required under this Act, the deposit required by Section

2-6.

(6) Maintain cash and cash equivalents of sufficient

amount to fully liquidate 10 days' average claim payments,

subject to review by the Director.

(7) Maintain and file with the Director, reinsurance

coverage protecting against catastrophic losses on

out-of-network out of network point-of-service services.

Deductibles may not exceed $100,000 per covered life per

year, and the portion of risk retained by the health

maintenance organization once deductibles have been

satisfied may not exceed 20%. Reinsurance must be placed

with licensed authorized reinsurers qualified to do

business in this State.

(d) A health maintenance organization may not issue a

point-of-service contract until it has filed and had approved

by the Director a plan to comply with the provisions of this

Section. The compliance plan must, at a minimum, include

provisions demonstrating that the health maintenance

organization will do all of the following:

(1) Design the benefit levels and conditions of

coverage for in-plan covered services and out-of-plan

covered services as required by this Article.

(2) Provide or arrange for the provision of adequate

systems to:

(A) process and pay claims for all out-of-plan

covered services;

(B) meet the requirements for point-of-service

contracts set forth in this Section and any additional

requirements that may be set forth by the Director;

and

(C) generate accurate data and financial and

regulatory reports on a timely basis so that the

Department of Insurance can evaluate the health

maintenance organization's experience with the

point-of-service contract and monitor compliance with

point-of-service contract provisions.

(3) Comply with the requirements of subsections (b)

and (c).

(Source: P.A. 102-901, eff. 1-1-23; revised 12-9-22.)

(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

Sec. 5-3. Insurance Code provisions.

(a) Health Maintenance Organizations shall be subject to

the provisions of Sections 133, 134, 136, 137, 139, 140,

141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,

154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,

355.3, 355b, 355c, 356g.5-1, 356m, 356q, 356v, 356w, 356x,

356y, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,

356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,

356z.15, 356z.17, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,

356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,

356z.35, 356z.36, 356z.40, 356z.41, 356z.46, 356z.47, 356z.48,

356z.50, 356z.51, 356z.53 256z.53, 356z.54, 356z.56, 356z.57,

356z.59, 356z.60, 364, 364.01, 364.3, 367.2, 367.2-5, 367i,

368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402,

403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c)

of subsection (2) of Section 367, and Articles IIA, VIII 1/2,

XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the

Illinois Insurance Code.

(b) For purposes of the Illinois Insurance Code, except

for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

Health Maintenance Organizations in the following categories

are deemed to be "domestic companies":

(1) a corporation authorized under the Dental Service

Plan Act or the Voluntary Health Services Plans Act;

(2) a corporation organized under the laws of this

State; or

(3) a corporation organized under the laws of another

state, 30% or more of the enrollees of which are residents

of this State, except a corporation subject to

substantially the same requirements in its state of

organization as is a "domestic company" under Article VIII

1/2 of the Illinois Insurance Code.

(c) In considering the merger, consolidation, or other

acquisition of control of a Health Maintenance Organization

pursuant to Article VIII 1/2 of the Illinois Insurance Code,

(1) the Director shall give primary consideration to

the continuation of benefits to enrollees and the

financial conditions of the acquired Health Maintenance

Organization after the merger, consolidation, or other

acquisition of control takes effect;

(2)(i) the criteria specified in subsection (1)(b) of

Section 131.8 of the Illinois Insurance Code shall not

apply and (ii) the Director, in making his determination

with respect to the merger, consolidation, or other

acquisition of control, need not take into account the

effect on competition of the merger, consolidation, or

other acquisition of control;

(3) the Director shall have the power to require the

following information:

(A) certification by an independent actuary of the

adequacy of the reserves of the Health Maintenance

Organization sought to be acquired;

(B) pro forma financial statements reflecting the

combined balance sheets of the acquiring company and

the Health Maintenance Organization sought to be

acquired as of the end of the preceding year and as of

a date 90 days prior to the acquisition, as well as pro

forma financial statements reflecting projected

combined operation for a period of 2 years;

(C) a pro forma business plan detailing an

acquiring party's plans with respect to the operation

of the Health Maintenance Organization sought to be

acquired for a period of not less than 3 years; and

(D) such other information as the Director shall

require.

(d) The provisions of Article VIII 1/2 of the Illinois

Insurance Code and this Section 5-3 shall apply to the sale by

any health maintenance organization of greater than 10% of its

enrollee population (including without limitation the health

maintenance organization's right, title, and interest in and

to its health care certificates).

(e) In considering any management contract or service

agreement subject to Section 141.1 of the Illinois Insurance

Code, the Director (i) shall, in addition to the criteria

specified in Section 141.2 of the Illinois Insurance Code,

take into account the effect of the management contract or

service agreement on the continuation of benefits to enrollees

and the financial condition of the health maintenance

organization to be managed or serviced, and (ii) need not take

into account the effect of the management contract or service

agreement on competition.

(f) Except for small employer groups as defined in the

Small Employer Rating, Renewability and Portability Health

Insurance Act and except for medicare supplement policies as

defined in Section 363 of the Illinois Insurance Code, a

Health Maintenance Organization may by contract agree with a

group or other enrollment unit to effect refunds or charge

additional premiums under the following terms and conditions:

(i) the amount of, and other terms and conditions with

respect to, the refund or additional premium are set forth

in the group or enrollment unit contract agreed in advance

of the period for which a refund is to be paid or

additional premium is to be charged (which period shall

not be less than one year); and

(ii) the amount of the refund or additional premium

shall not exceed 20% of the Health Maintenance

Organization's profitable or unprofitable experience with

respect to the group or other enrollment unit for the

period (and, for purposes of a refund or additional

premium, the profitable or unprofitable experience shall

be calculated taking into account a pro rata share of the

Health Maintenance Organization's administrative and

marketing expenses, but shall not include any refund to be

made or additional premium to be paid pursuant to this

subsection (f)). The Health Maintenance Organization and

the group or enrollment unit may agree that the profitable

or unprofitable experience may be calculated taking into

account the refund period and the immediately preceding 2

plan years.

The Health Maintenance Organization shall include a

statement in the evidence of coverage issued to each enrollee

describing the possibility of a refund or additional premium,

and upon request of any group or enrollment unit, provide to

the group or enrollment unit a description of the method used

to calculate (1) the Health Maintenance Organization's

profitable experience with respect to the group or enrollment

unit and the resulting refund to the group or enrollment unit

or (2) the Health Maintenance Organization's unprofitable

experience with respect to the group or enrollment unit and

the resulting additional premium to be paid by the group or

enrollment unit.

In no event shall the Illinois Health Maintenance

Organization Guaranty Association be liable to pay any

contractual obligation of an insolvent organization to pay any

refund authorized under this Section.

(g) Rulemaking authority to implement Public Act 95-1045,

if any, is conditioned on the rules being adopted in

accordance with all provisions of the Illinois Administrative

Procedure Act and all rules and procedures of the Joint

Committee on Administrative Rules; any purported rule not so

adopted, for whatever reason, is unauthorized.

(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;

101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff.

1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625,

eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

eff. 1-1-23; 102-1117, eff. 1-13-23; revised 1-22-23.)

Section 445. The Managed Care Reform and Patient Rights

Act is amended by changing Sections 15 and 45.1 as follows:

(215 ILCS 134/15)

Sec. 15. Provision of information.

(a) A health care plan shall provide annually to enrollees

and prospective enrollees, upon request, a complete list of

participating health care providers in the health care plan's

service area and a description of the following terms of

coverage:

(1) the service area;

(2) the covered benefits and services with all

exclusions, exceptions, and limitations;

(3) the pre-certification and other utilization review

procedures and requirements;

(4) a description of the process for the selection of

a primary care physician, any limitation on access to

specialists, and the plan's standing referral policy;

(5) the emergency coverage and benefits, including any

restrictions on emergency care services;

(6) the out-of-area coverage and benefits, if any;

(7) the enrollee's financial responsibility for

copayments, deductibles, premiums, and any other

out-of-pocket expenses;

(8) the provisions for continuity of treatment in the

event a health care provider's participation terminates

during the course of an enrollee's treatment by that

provider;

(9) the appeals process, forms, and time frames for

health care services appeals, complaints, and external

independent reviews, administrative complaints, and

utilization review complaints, including a phone number to

call to receive more information from the health care plan

concerning the appeals process; and

(10) a statement of all basic health care services and

all specific benefits and services mandated to be provided

to enrollees by any State law or administrative rule.

(a-5) Without limiting the generality of subsection (a) of

this Section, no qualified health plans shall be offered for

sale directly to consumers through the health insurance

marketplace operating in the State in accordance with Sections

1311 and 1321 of the federal Patient Protection and Affordable

Care Act of 2010 (Public Law 111-148), as amended by the

federal Health Care and Education Reconciliation Act of 2010

(Public Law 111-152), and any amendments thereto, or

regulations or guidance issued thereunder (collectively, "the

Federal Act"), unless, in addition to the information required

under subsection (a) of this Section, the following

information is available to the consumer at the time he or she

is comparing health care plans and their premiums:

(1) With respect to prescription drug benefits, the

most recently published formulary where a consumer can

view in one location covered prescription drugs;

information on tiering and the cost-sharing structure for

each tier; and information about how a consumer can obtain

specific copayment amounts or coinsurance percentages for

a specific qualified health plan before enrolling in that

plan. This information shall clearly identify the

qualified health plan to which it applies.

(2) The most recently published provider directory

where a consumer can view the provider network that

applies to each qualified health plan and information

about each provider, including location, contact

information, specialty, medical group, if any, any

institutional affiliation, and whether the provider is

accepting new patients. The information shall clearly

identify the qualified health plan to which it applies.

In the event of an inconsistency between any separate

written disclosure statement and the enrollee contract or

certificate, the terms of the enrollee contract or certificate

shall control.

(b) Upon written request, a health care plan shall provide

to enrollees a description of the financial relationships

between the health care plan and any health care provider and,

if requested, the percentage of copayments, deductibles, and

total premiums spent on healthcare related expenses and the

percentage of copayments, deductibles, and total premiums

spent on other expenses, including administrative expenses,

except that no health care plan shall be required to disclose

specific provider reimbursement.

(c) A participating health care provider shall provide all

of the following, where applicable, to enrollees upon request:

(1) Information related to the health care provider's

educational background, experience, training, specialty,

and board certification, if applicable.

(2) The names of licensed facilities on the provider

panel where the health care provider presently has

privileges for the treatment, illness, or procedure that

is the subject of the request.

(3) Information regarding the health care provider's

participation in continuing education programs and

compliance with any licensure, certification, or

registration requirements, if applicable.

(d) A health care plan shall provide the information

required to be disclosed under this Act upon enrollment and

annually thereafter in a legible and understandable format.

The Department shall promulgate rules to establish the format

based, to the extent practical, on the standards developed for

supplemental insurance coverage under Title XVIII of the

federal Social Security Act as a guide, so that a person can

compare the attributes of the various health care plans.

(e) The written disclosure requirements of this Section

may be met by disclosure to one enrollee in a household.

(f) Each issuer of qualified health plans for sale

directly to consumers through the health insurance marketplace

operating in the State shall make the information described in

subsection (a) of this Section, for each qualified health plan

that it offers, available and accessible to the general public

on the company's Internet website and through other means for

individuals without access to the Internet.

(g) The Department shall ensure that State-operated

Internet websites, in addition to the Internet website for the

health insurance marketplace established in this State in

accordance with the Federal Act and its implementing

regulations, prominently provide links to Internet-based

materials and tools to help consumers be informed purchasers

of health care plans.

(h) Nothing in this Section shall be interpreted or

implemented in a manner not consistent with the Federal Act.

This Section shall apply to all qualified health plans offered

for sale directly to consumers through the health insurance

marketplace operating in this State for any coverage year

beginning on or after January 1, 2015.

(Source: P.A. 98-1035, eff. 8-25-14; revised 6-2-22.)

(215 ILCS 134/45.1)

Sec. 45.1. Medical exceptions procedures required.

(a) Notwithstanding any other provision of law, on or

after January 1, 2018 (the effective date of Public Act

99-761) this amendatory Act of the 99th General Assembly,

every insurer licensed in this State to sell a policy of group

or individual accident and health insurance or a health

benefits plan shall establish and maintain a medical

exceptions process that allows covered persons or their

authorized representatives to request any clinically

appropriate prescription drug when (1) the drug is not covered

based on the health benefit plan's formulary; (2) the health

benefit plan is discontinuing coverage of the drug on the

plan's formulary for reasons other than safety or other than

because the prescription drug has been withdrawn from the

market by the drug's manufacturer; (3) the prescription drug

alternatives required to be used in accordance with a step

therapy requirement (A) has been ineffective in the treatment

of the enrollee's disease or medical condition or, based on

both sound clinical evidence and medical and scientific

evidence, the known relevant physical or mental

characteristics of the enrollee, and the known characteristics

of the drug regimen, is likely to be ineffective or adversely

affect the drug's effectiveness or patient compliance or (B)

has caused or, based on sound medical evidence, is likely to

cause an adverse reaction or harm to the enrollee; or (4) the

number of doses available under a dose restriction for the

prescription drug (A) has been ineffective in the treatment of

the enrollee's disease or medical condition or (B) based on

both sound clinical evidence and medical and scientific

evidence, the known relevant physical and mental

characteristics of the enrollee, and known characteristics of

the drug regimen, is likely to be ineffective or adversely

affect the drug's effective or patient compliance.

(b) The health carrier's established medical exceptions

procedures must require, at a minimum, the following:

(1) Any request for approval of coverage made verbally

or in writing (regardless of whether made using a paper or

electronic form or some other writing) at any time shall

be reviewed by appropriate health care professionals.

(2) The health carrier must, within 72 hours after

receipt of a request made under subsection (a) of this

Section, either approve or deny the request. In the case

of a denial, the health carrier shall provide the covered

person or the covered person's authorized representative

and the covered person's prescribing provider with the

reason for the denial, an alternative covered medication,

if applicable, and information regarding the procedure for

submitting an appeal to the denial.

(3) In the case of an expedited coverage

determination, the health carrier must either approve or

deny the request within 24 hours after receipt of the

request. In the case of a denial, the health carrier shall

provide the covered person or the covered person's

authorized representative and the covered person's

prescribing provider with the reason for the denial, an

alternative covered medication, if applicable, and

information regarding the procedure for submitting an

appeal to the denial.

(c) A step therapy requirement exception request shall be

approved if:

(1) the required prescription drug is contraindicated;

(2) the patient has tried the required prescription

drug while under the patient's current or previous health

insurance or health benefit plan and the prescribing

provider submits evidence of failure or intolerance; or

(3) the patient is stable on a prescription drug

selected by his or her health care provider for the

medical condition under consideration while on a current

or previous health insurance or health benefit plan.

(d) Upon the granting of an exception request, the

insurer, health plan, utilization review organization, or

other entity shall authorize the coverage for the drug

prescribed by the enrollee's treating health care provider, to

the extent the prescribed drug is a covered drug under the

policy or contract up to the quantity covered.

(e) Any approval of a medical exception request made

pursuant to this Section shall be honored for 12 months

following the date of the approval or until renewal of the

plan.

(f) Notwithstanding any other provision of this Section,

nothing in this Section shall be interpreted or implemented in

a manner not consistent with the federal Patient Protection

and Affordable Care Act of 2010 (Public Law 111-148), as

amended by the federal Health Care and Education

Reconciliation Act of 2010 (Public Law 111-152), and any

amendments thereto, or regulations or guidance issued under

those Acts.

(g) Nothing in this Section shall require or authorize the

State agency responsible for the administration of the medical

assistance program established under the Illinois Public Aid

Code to approve, supply, or cover prescription drugs pursuant

to the procedure established in this Section.

(Source: P.A. 98-1035, eff. 8-25-14; 99-761, eff. 1-1-18;

revised 6-6-22.)

Section 450. The Viatical Settlements Act of 2009 is

amended by changing Section 20 as follows:

(215 ILCS 159/20)

Sec. 20. Approval of viatical settlement contracts and

disclosure statements. A person shall not use a viatical

settlement contract form or provide to a viator a disclosure

statement form in this State unless first filed with and

approved by the Director. The Director shall disapprove a

viatical settlement contract form or disclosure statement form

if, in the Director's opinion, the contract or provisions

contained therein fail to meet the requirements of this Act or

are unreasonable, contrary to the interests of the public, or

otherwise misleading or unfair to the viator. At the

Director's discretion, the Director may require the submission

of advertising material. If the Director disapproves a

viatical settlement contract form or disclosure statement

form, then the Director shall notify the viatical settlement

provider and advise the viatical settlement provider, in

writing, of the reason for the disapproval. The viatical

settlement provider may make written demand upon the Director

within 30 days after the date of mailing for a hearing before

the Director to determine the reasonableness of the Director's

action. The hearing must be held within not fewer than 20 days

nor more than 30 days after the mailing of the notice of

hearing and shall be held in accordance with the Illinois

Administrative Procedure Act and 50 Ill. Adm. Admin. Code

2402.

(Source: P.A. 96-736, eff. 7-1-10; revised 2-28-22.)

Section 455. The Public Utilities Act is amended by

changing Sections 7-213, 8-103B, 8-201.4, 14-102, 14-103,

14-104, and 16-108.5 as follows:

(220 ILCS 5/7-213)

Sec. 7-213. Limitations on the transfer of water systems.

(a) In the event of a sale, purchase, or any other transfer

of ownership, including, without limitation, the acquisition

by eminent domain, of a water system, as defined under Section

11-124-5 11-124-10 of the Illinois Municipal Code, operated by

a privately held public water utility, the water utility's

contract or agreements with the acquiring entity (or, in the

case of an eminent domain action, the court order) must

require that the acquiring entity hire a sufficient number of

non-supervisory employees to operate and maintain the water

system by initially making offers of employment to the

non-supervisory workforce of the water system at no less than

the wage rates, and substantially equivalent fringe benefits

and terms and conditions of employment that are in effect at

the time of transfer of ownership of the water system. The wage

rates and substantially equivalent fringe benefits and terms

and conditions of employment must continue for at least 30

months after the time of the transfer of ownership unless the

parties mutually agree to different terms and conditions of

employment within that 30-month period.

(b) The privately held public water utility shall offer a

transition plan to those employees who are not offered jobs by

the acquiring entity because that entity has a need for fewer

workers. The transition plan shall mitigate employee job

losses to the extent practical through such means as offers of

voluntary severance, retraining, early retirement, out

placement, or related benefits. Before any reduction in the

workforce during a water system transaction, the privately

held public water utility shall present to the employees, or

their representatives, a transition plan outlining the means

by which the utility intends to mitigate the impact of the

workforce reduction of its employees.

(Source: P.A. 94-1007, eff. 1-1-07; revised 8-22-22.)

(220 ILCS 5/8-103B)

Sec. 8-103B. Energy efficiency and demand-response

measures.

(a) It is the policy of the State that electric utilities

are required to use cost-effective energy efficiency and

demand-response measures to reduce delivery load. Requiring

investment in cost-effective energy efficiency and

demand-response measures will reduce direct and indirect costs

to consumers by decreasing environmental impacts and by

avoiding or delaying the need for new generation,

transmission, and distribution infrastructure. It serves the

public interest to allow electric utilities to recover costs

for reasonably and prudently incurred expenditures for energy

efficiency and demand-response measures. As used in this

Section, "cost-effective" means that the measures satisfy the

total resource cost test. The low-income measures described in

subsection (c) of this Section shall not be required to meet

the total resource cost test. For purposes of this Section,

the terms "energy-efficiency", "demand-response", "electric

utility", and "total resource cost test" have the meanings set

forth in the Illinois Power Agency Act. "Black, indigenous,

and people of color" and "BIPOC" means people who are members

of the groups described in subparagraphs (a) through (e) of

paragraph (A) of subsection (1) of Section 2 of the Business

Enterprise for Minorities, Women, and Persons with

Disabilities Act.

(a-5) This Section applies to electric utilities serving

more than 500,000 retail customers in the State for those

multi-year plans commencing after December 31, 2017.

(b) For purposes of this Section, electric utilities

subject to this Section that serve more than 3,000,000 retail

customers in the State shall be deemed to have achieved a

cumulative persisting annual savings of 6.6% from energy

efficiency measures and programs implemented during the period

beginning January 1, 2012 and ending December 31, 2017, which

percent is based on the deemed average weather normalized

sales of electric power and energy during calendar years 2014,

2015, and 2016 of 88,000,000 MWhs. For the purposes of this

subsection (b) and subsection (b-5), the 88,000,000 MWhs of

deemed electric power and energy sales shall be reduced by the

number of MWhs equal to the sum of the annual consumption of

customers that have opted out of subsections (a) through (j)

of this Section under paragraph (1) of subsection (l) of this

Section, as averaged across the calendar years 2014, 2015, and

2016. After 2017, the deemed value of cumulative persisting

annual savings from energy efficiency measures and programs

implemented during the period beginning January 1, 2012 and

ending December 31, 2017, shall be reduced each year, as

follows, and the applicable value shall be applied to and

count toward the utility's achievement of the cumulative

persisting annual savings goals set forth in subsection (b-5):

(1) 5.8% deemed cumulative persisting annual savings

for the year ending December 31, 2018;

(2) 5.2% deemed cumulative persisting annual savings

for the year ending December 31, 2019;

(3) 4.5% deemed cumulative persisting annual savings

for the year ending December 31, 2020;

(4) 4.0% deemed cumulative persisting annual savings

for the year ending December 31, 2021;

(5) 3.5% deemed cumulative persisting annual savings

for the year ending December 31, 2022;

(6) 3.1% deemed cumulative persisting annual savings

for the year ending December 31, 2023;

(7) 2.8% deemed cumulative persisting annual savings

for the year ending December 31, 2024;

(8) 2.5% deemed cumulative persisting annual savings

for the year ending December 31, 2025;

(9) 2.3% deemed cumulative persisting annual savings

for the year ending December 31, 2026;

(10) 2.1% deemed cumulative persisting annual savings

for the year ending December 31, 2027;

(11) 1.8% deemed cumulative persisting annual savings

for the year ending December 31, 2028;

(12) 1.7% deemed cumulative persisting annual savings

for the year ending December 31, 2029;

(13) 1.5% deemed cumulative persisting annual savings

for the year ending December 31, 2030;

(14) 1.3% deemed cumulative persisting annual savings

for the year ending December 31, 2031;

(15) 1.1% deemed cumulative persisting annual savings

for the year ending December 31, 2032;

(16) 0.9% deemed cumulative persisting annual savings

for the year ending December 31, 2033;

(17) 0.7% deemed cumulative persisting annual savings

for the year ending December 31, 2034;

(18) 0.5% deemed cumulative persisting annual savings

for the year ending December 31, 2035;

(19) 0.4% deemed cumulative persisting annual savings

for the year ending December 31, 2036;

(20) 0.3% deemed cumulative persisting annual savings

for the year ending December 31, 2037;

(21) 0.2% deemed cumulative persisting annual savings

for the year ending December 31, 2038;

(22) 0.1% deemed cumulative persisting annual savings

for the year ending December 31, 2039; and

(23) 0.0% deemed cumulative persisting annual savings

for the year ending December 31, 2040 and all subsequent

years.

For purposes of this Section, "cumulative persisting

annual savings" means the total electric energy savings in a

given year from measures installed in that year or in previous

years, but no earlier than January 1, 2012, that are still

operational and providing savings in that year because the

measures have not yet reached the end of their useful lives.

(b-5) Beginning in 2018, electric utilities subject to

this Section that serve more than 3,000,000 retail customers

in the State shall achieve the following cumulative persisting

annual savings goals, as modified by subsection (f) of this

Section and as compared to the deemed baseline of 88,000,000

MWhs of electric power and energy sales set forth in

subsection (b), as reduced by the number of MWhs equal to the

sum of the annual consumption of customers that have opted out

of subsections (a) through (j) of this Section under paragraph

(1) of subsection (l) of this Section as averaged across the

calendar years 2014, 2015, and 2016, through the

implementation of energy efficiency measures during the

applicable year and in prior years, but no earlier than

January 1, 2012:

(1) 7.8% cumulative persisting annual savings for the

year ending December 31, 2018;

(2) 9.1% cumulative persisting annual savings for the

year ending December 31, 2019;

(3) 10.4% cumulative persisting annual savings for the

year ending December 31, 2020;

(4) 11.8% cumulative persisting annual savings for the

year ending December 31, 2021;

(5) 13.1% cumulative persisting annual savings for the

year ending December 31, 2022;

(6) 14.4% cumulative persisting annual savings for the

year ending December 31, 2023;

(7) 15.7% cumulative persisting annual savings for the

year ending December 31, 2024;

(8) 17% cumulative persisting annual savings for the

year ending December 31, 2025;

(9) 17.9% cumulative persisting annual savings for the

year ending December 31, 2026;

(10) 18.8% cumulative persisting annual savings for

the year ending December 31, 2027;

(11) 19.7% cumulative persisting annual savings for

the year ending December 31, 2028;

(12) 20.6% cumulative persisting annual savings for

the year ending December 31, 2029; and

(13) 21.5% cumulative persisting annual savings for

the year ending December 31, 2030.

No later than December 31, 2021, the Illinois Commerce

Commission shall establish additional cumulative persisting

annual savings goals for the years 2031 through 2035. No later

than December 31, 2024, the Illinois Commerce Commission shall

establish additional cumulative persisting annual savings

goals for the years 2036 through 2040. The Commission shall

also establish additional cumulative persisting annual savings

goals every 5 years thereafter to ensure that utilities always

have goals that extend at least 11 years into the future. The

cumulative persisting annual savings goals beyond the year

2030 shall increase by 0.9 percentage points per year, absent

a Commission decision to initiate a proceeding to consider

establishing goals that increase by more or less than that

amount. Such a proceeding must be conducted in accordance with

the procedures described in subsection (f) of this Section. If

such a proceeding is initiated, the cumulative persisting

annual savings goals established by the Commission through

that proceeding shall reflect the Commission's best estimate

of the maximum amount of additional savings that are forecast

to be cost-effectively achievable unless such best estimates

would result in goals that represent less than 0.5 percentage

point annual increases in total cumulative persisting annual

savings. The Commission may only establish goals that

represent less than 0.5 percentage point annual increases in

cumulative persisting annual savings if it can demonstrate,

based on clear and convincing evidence and through independent

analysis, that 0.5 percentage point increases are not

cost-effectively achievable. The Commission shall inform its

decision based on an energy efficiency potential study that

conforms to the requirements of this Section.

(b-10) For purposes of this Section, electric utilities

subject to this Section that serve less than 3,000,000 retail

customers but more than 500,000 retail customers in the State

shall be deemed to have achieved a cumulative persisting

annual savings of 6.6% from energy efficiency measures and

programs implemented during the period beginning January 1,

2012 and ending December 31, 2017, which is based on the deemed

average weather normalized sales of electric power and energy

during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs.

For the purposes of this subsection (b-10) and subsection

(b-15), the 36,900,000 MWhs of deemed electric power and

energy sales shall be reduced by the number of MWhs equal to

the sum of the annual consumption of customers that have opted

out of subsections (a) through (j) of this Section under

paragraph (1) of subsection (l) of this Section, as averaged

across the calendar years 2014, 2015, and 2016. After 2017,

the deemed value of cumulative persisting annual savings from

energy efficiency measures and programs implemented during the

period beginning January 1, 2012 and ending December 31, 2017,

shall be reduced each year, as follows, and the applicable

value shall be applied to and count toward the utility's

achievement of the cumulative persisting annual savings goals

set forth in subsection (b-15):

(1) 5.8% deemed cumulative persisting annual savings

for the year ending December 31, 2018;

(2) 5.2% deemed cumulative persisting annual savings

for the year ending December 31, 2019;

(3) 4.5% deemed cumulative persisting annual savings

for the year ending December 31, 2020;

(4) 4.0% deemed cumulative persisting annual savings

for the year ending December 31, 2021;

(5) 3.5% deemed cumulative persisting annual savings

for the year ending December 31, 2022;

(6) 3.1% deemed cumulative persisting annual savings

for the year ending December 31, 2023;

(7) 2.8% deemed cumulative persisting annual savings

for the year ending December 31, 2024;

(8) 2.5% deemed cumulative persisting annual savings

for the year ending December 31, 2025;

(9) 2.3% deemed cumulative persisting annual savings

for the year ending December 31, 2026;

(10) 2.1% deemed cumulative persisting annual savings

for the year ending December 31, 2027;

(11) 1.8% deemed cumulative persisting annual savings

for the year ending December 31, 2028;

(12) 1.7% deemed cumulative persisting annual savings

for the year ending December 31, 2029;

(13) 1.5% deemed cumulative persisting annual savings

for the year ending December 31, 2030;

(14) 1.3% deemed cumulative persisting annual savings

for the year ending December 31, 2031;

(15) 1.1% deemed cumulative persisting annual savings

for the year ending December 31, 2032;

(16) 0.9% deemed cumulative persisting annual savings

for the year ending December 31, 2033;

(17) 0.7% deemed cumulative persisting annual savings

for the year ending December 31, 2034;

(18) 0.5% deemed cumulative persisting annual savings

for the year ending December 31, 2035;

(19) 0.4% deemed cumulative persisting annual savings

for the year ending December 31, 2036;

(20) 0.3% deemed cumulative persisting annual savings

for the year ending December 31, 2037;

(21) 0.2% deemed cumulative persisting annual savings

for the year ending December 31, 2038;

(22) 0.1% deemed cumulative persisting annual savings

for the year ending December 31, 2039; and

(23) 0.0% deemed cumulative persisting annual savings

for the year ending December 31, 2040 and all subsequent

years.

(b-15) Beginning in 2018, electric utilities subject to

this Section that serve less than 3,000,000 retail customers

but more than 500,000 retail customers in the State shall

achieve the following cumulative persisting annual savings

goals, as modified by subsection (b-20) and subsection (f) of

this Section and as compared to the deemed baseline as reduced

by the number of MWhs equal to the sum of the annual

consumption of customers that have opted out of subsections

(a) through (j) of this Section under paragraph (1) of

subsection (l) of this Section as averaged across the calendar

years 2014, 2015, and 2016, through the implementation of

energy efficiency measures during the applicable year and in

prior years, but no earlier than January 1, 2012:

(1) 7.4% cumulative persisting annual savings for the

year ending December 31, 2018;

(2) 8.2% cumulative persisting annual savings for the

year ending December 31, 2019;

(3) 9.0% cumulative persisting annual savings for the

year ending December 31, 2020;

(4) 9.8% cumulative persisting annual savings for the

year ending December 31, 2021;

(5) 10.6% cumulative persisting annual savings for the

year ending December 31, 2022;

(6) 11.4% cumulative persisting annual savings for the

year ending December 31, 2023;

(7) 12.2% cumulative persisting annual savings for the

year ending December 31, 2024;

(8) 13% cumulative persisting annual savings for the

year ending December 31, 2025;

(9) 13.6% cumulative persisting annual savings for the

year ending December 31, 2026;

(10) 14.2% cumulative persisting annual savings for

the year ending December 31, 2027;

(11) 14.8% cumulative persisting annual savings for

the year ending December 31, 2028;

(12) 15.4% cumulative persisting annual savings for

the year ending December 31, 2029; and

(13) 16% cumulative persisting annual savings for the

year ending December 31, 2030.

No later than December 31, 2021, the Illinois Commerce

Commission shall establish additional cumulative persisting

annual savings goals for the years 2031 through 2035. No later

than December 31, 2024, the Illinois Commerce Commission shall

establish additional cumulative persisting annual savings

goals for the years 2036 through 2040. The Commission shall

also establish additional cumulative persisting annual savings

goals every 5 years thereafter to ensure that utilities always

have goals that extend at least 11 years into the future. The

cumulative persisting annual savings goals beyond the year

2030 shall increase by 0.6 percentage points per year, absent

a Commission decision to initiate a proceeding to consider

establishing goals that increase by more or less than that

amount. Such a proceeding must be conducted in accordance with

the procedures described in subsection (f) of this Section. If

such a proceeding is initiated, the cumulative persisting

annual savings goals established by the Commission through

that proceeding shall reflect the Commission's best estimate

of the maximum amount of additional savings that are forecast

to be cost-effectively achievable unless such best estimates

would result in goals that represent less than 0.4 percentage

point annual increases in total cumulative persisting annual

savings. The Commission may only establish goals that

represent less than 0.4 percentage point annual increases in

cumulative persisting annual savings if it can demonstrate,

based on clear and convincing evidence and through independent

analysis, that 0.4 percentage point increases are not

cost-effectively achievable. The Commission shall inform its

decision based on an energy efficiency potential study that

conforms to the requirements of this Section.

(b-20) Each electric utility subject to this Section may

include cost-effective voltage optimization measures in its

plans submitted under subsections (f) and (g) of this Section,

and the costs incurred by a utility to implement the measures

under a Commission-approved plan shall be recovered under the

provisions of Article IX or Section 16-108.5 of this Act. For

purposes of this Section, the measure life of voltage

optimization measures shall be 15 years. The measure life

period is independent of the depreciation rate of the voltage

optimization assets deployed. Utilities may claim savings from

voltage optimization on circuits for more than 15 years if

they can demonstrate that they have made additional

investments necessary to enable voltage optimization savings

to continue beyond 15 years. Such demonstrations must be

subject to the review of independent evaluation.

Within 270 days after June 1, 2017 (the effective date of

Public Act 99-906), an electric utility that serves less than

3,000,000 retail customers but more than 500,000 retail

customers in the State shall file a plan with the Commission

that identifies the cost-effective voltage optimization

investment the electric utility plans to undertake through

December 31, 2024. The Commission, after notice and hearing,

shall approve or approve with modification the plan within 120

days after the plan's filing and, in the order approving or

approving with modification the plan, the Commission shall

adjust the applicable cumulative persisting annual savings

goals set forth in subsection (b-15) to reflect any amount of

cost-effective energy savings approved by the Commission that

is greater than or less than the following cumulative

persisting annual savings values attributable to voltage

optimization for the applicable year:

(1) 0.0% of cumulative persisting annual savings for

the year ending December 31, 2018;

(2) 0.17% of cumulative persisting annual savings for

the year ending December 31, 2019;

(3) 0.17% of cumulative persisting annual savings for

the year ending December 31, 2020;

(4) 0.33% of cumulative persisting annual savings for

the year ending December 31, 2021;

(5) 0.5% of cumulative persisting annual savings for

the year ending December 31, 2022;

(6) 0.67% of cumulative persisting annual savings for

the year ending December 31, 2023;

(7) 0.83% of cumulative persisting annual savings for

the year ending December 31, 2024; and

(8) 1.0% of cumulative persisting annual savings for

the year ending December 31, 2025 and all subsequent

years.

(b-25) In the event an electric utility jointly offers an

energy efficiency measure or program with a gas utility under

plans approved under this Section and Section 8-104 of this

Act, the electric utility may continue offering the program,

including the gas energy efficiency measures, in the event the

gas utility discontinues funding the program. In that event,

the energy savings value associated with such other fuels

shall be converted to electric energy savings on an equivalent

Btu basis for the premises. However, the electric utility

shall prioritize programs for low-income residential customers

to the extent practicable. An electric utility may recover the

costs of offering the gas energy efficiency measures under

this subsection (b-25).

For those energy efficiency measures or programs that save

both electricity and other fuels but are not jointly offered

with a gas utility under plans approved under this Section and

Section 8-104 or not offered with an affiliated gas utility

under paragraph (6) of subsection (f) of Section 8-104 of this

Act, the electric utility may count savings of fuels other

than electricity toward the achievement of its annual savings

goal, and the energy savings value associated with such other

fuels shall be converted to electric energy savings on an

equivalent Btu basis at the premises.

In no event shall more than 10% of each year's applicable

annual total savings requirement as defined in paragraph (7.5)

of subsection (g) of this Section be met through savings of

fuels other than electricity.

(b-27) Beginning in 2022, an electric utility may offer

and promote measures that electrify space heating, water

heating, cooling, drying, cooking, industrial processes, and

other building and industrial end uses that would otherwise be

served by combustion of fossil fuel at the premises, provided

that the electrification measures reduce total energy

consumption at the premises. The electric utility may count

the reduction in energy consumption at the premises toward

achievement of its annual savings goals. The reduction in

energy consumption at the premises shall be calculated as the

difference between: (A) the reduction in Btu consumption of

fossil fuels as a result of electrification, converted to

kilowatt-hour equivalents by dividing by 3,412 Btus Btu's per

kilowatt hour; and (B) the increase in kilowatt hours of

electricity consumption resulting from the displacement of

fossil fuel consumption as a result of electrification. An

electric utility may recover the costs of offering and

promoting electrification measures under this subsection

(b-27).

In no event shall electrification savings counted toward

each year's applicable annual total savings requirement, as

defined in paragraph (7.5) of subsection (g) of this Section,

be greater than:

(1) 5% per year for each year from 2022 through 2025;

(2) 10% per year for each year from 2026 through 2029;

and

(3) 15% per year for 2030 and all subsequent years.

In addition, a minimum of 25% of all electrification savings

counted toward a utility's applicable annual total savings

requirement must be from electrification of end uses in

low-income housing. The limitations on electrification savings

that may be counted toward a utility's annual savings goals

are separate from and in addition to the subsection (b-25)

limitations governing the counting of the other fuel savings

resulting from efficiency measures and programs.

As part of the annual informational filing to the

Commission that is required under paragraph (9) of subsection

(g) of this Section, each utility shall identify the specific

electrification measures offered under this subsection

subjection (b-27); the quantity of each electrification

measure that was installed by its customers; the average total

cost, average utility cost, average reduction in fossil fuel

consumption, and average increase in electricity consumption

associated with each electrification measure; the portion of

installations of each electrification measure that were in

low-income single-family housing, low-income multifamily

housing, non-low-income single-family housing, non-low-income

multifamily housing, commercial buildings, and industrial

facilities; and the quantity of savings associated with each

measure category in each customer category that are being

counted toward the utility's applicable annual total savings

requirement. Prior to installing an electrification measure,

the utility shall provide a customer with an estimate of the

impact of the new measure on the customer's average monthly

electric bill and total annual energy expenses.

(c) Electric utilities shall be responsible for overseeing

the design, development, and filing of energy efficiency plans

with the Commission and may, as part of that implementation,

outsource various aspects of program development and

implementation. A minimum of 10%, for electric utilities that

serve more than 3,000,000 retail customers in the State, and a

minimum of 7%, for electric utilities that serve less than

3,000,000 retail customers but more than 500,000 retail

customers in the State, of the utility's entire portfolio

funding level for a given year shall be used to procure

cost-effective energy efficiency measures from units of local

government, municipal corporations, school districts, public

housing, and community college districts, provided that a

minimum percentage of available funds shall be used to procure

energy efficiency from public housing, which percentage shall

be equal to public housing's share of public building energy

consumption.

The utilities shall also implement energy efficiency

measures targeted at low-income households, which, for

purposes of this Section, shall be defined as households at or

below 80% of area median income, and expenditures to implement

the measures shall be no less than $40,000,000 per year for

electric utilities that serve more than 3,000,000 retail

customers in the State and no less than $13,000,000 per year

for electric utilities that serve less than 3,000,000 retail

customers but more than 500,000 retail customers in the State.

The ratio of spending on efficiency programs targeted at

low-income multifamily buildings to spending on efficiency

programs targeted at low-income single-family buildings shall

be designed to achieve levels of savings from each building

type that are approximately proportional to the magnitude of

cost-effective lifetime savings potential in each building

type. Investment in low-income whole-building weatherization

programs shall constitute a minimum of 80% of a utility's

total budget specifically dedicated to serving low-income

customers.

The utilities shall work to bundle low-income energy

efficiency offerings with other programs that serve low-income

households to maximize the benefits going to these households.

The utilities shall market and implement low-income energy

efficiency programs in coordination with low-income assistance

programs, the Illinois Solar for All Program, and

weatherization whenever practicable. The program implementer

shall walk the customer through the enrollment process for any

programs for which the customer is eligible. The utilities

shall also pilot targeting customers with high arrearages,

high energy intensity (ratio of energy usage divided by home

or unit square footage), or energy assistance programs with

energy efficiency offerings, and then track reduction in

arrearages as a result of the targeting. This targeting and

bundling of low-income energy programs shall be offered to

both low-income single-family and multifamily customers

(owners and residents).

The utilities shall invest in health and safety measures

appropriate and necessary for comprehensively weatherizing a

home or multifamily building, and shall implement a health and

safety fund of at least 15% of the total income-qualified

weatherization budget that shall be used for the purpose of

making grants for technical assistance, construction,

reconstruction, improvement, or repair of buildings to

facilitate their participation in the energy efficiency

programs targeted at low-income single-family and multifamily

households. These funds may also be used for the purpose of

making grants for technical assistance, construction,

reconstruction, improvement, or repair of the following

buildings to facilitate their participation in the energy

efficiency programs created by this Section: (1) buildings

that are owned or operated by registered 501(c)(3) public

charities; and (2) day care centers, day care homes, or group

day care homes, as defined under 89 Ill. Adm. Code Part 406,

407, or 408, respectively.

Each electric utility shall assess opportunities to

implement cost-effective energy efficiency measures and

programs through a public housing authority or authorities

located in its service territory. If such opportunities are

identified, the utility shall propose such measures and

programs to address the opportunities. Expenditures to address

such opportunities shall be credited toward the minimum

procurement and expenditure requirements set forth in this

subsection (c).

Implementation of energy efficiency measures and programs

targeted at low-income households should be contracted, when

it is practicable, to independent third parties that have

demonstrated capabilities to serve such households, with a

preference for not-for-profit entities and government agencies

that have existing relationships with or experience serving

low-income communities in the State.

Each electric utility shall develop and implement

reporting procedures that address and assist in determining

the amount of energy savings that can be applied to the

low-income procurement and expenditure requirements set forth

in this subsection (c). Each electric utility shall also track

the types and quantities or volumes of insulation and air

sealing materials, and their associated energy saving

benefits, installed in energy efficiency programs targeted at

low-income single-family and multifamily households.

The electric utilities shall participate in a low-income

energy efficiency accountability committee ("the committee"),

which will directly inform the design, implementation, and

evaluation of the low-income and public-housing energy

efficiency programs. The committee shall be comprised of the

electric utilities subject to the requirements of this

Section, the gas utilities subject to the requirements of

Section 8-104 of this Act, the utilities' low-income energy

efficiency implementation contractors, nonprofit

organizations, community action agencies, advocacy groups,

State and local governmental agencies, public-housing

organizations, and representatives of community-based

organizations, especially those living in or working with

environmental justice communities and BIPOC communities. The

committee shall be composed of 2 geographically differentiated

subcommittees: one for stakeholders in northern Illinois and

one for stakeholders in central and southern Illinois. The

subcommittees shall meet together at least twice per year.

There shall be one statewide leadership committee led by

and composed of community-based organizations that are

representative of BIPOC and environmental justice communities

and that includes equitable representation from BIPOC

communities. The leadership committee shall be composed of an

equal number of representatives from the 2 subcommittees. The

subcommittees shall address specific programs and issues, with

the leadership committee convening targeted workgroups as

needed. The leadership committee may elect to work with an

independent facilitator to solicit and organize feedback,

recommendations and meeting participation from a wide variety

of community-based stakeholders. If a facilitator is used,

they shall be fair and responsive to the needs of all

stakeholders involved in the committee.

All committee meetings must be accessible, with rotating

locations if meetings are held in-person, virtual

participation options, and materials and agendas circulated in

advance.

There shall also be opportunities for direct input by

committee members outside of committee meetings, such as via

individual meetings, surveys, emails and calls, to ensure

robust participation by stakeholders with limited capacity and

ability to attend committee meetings. Committee meetings shall

emphasize opportunities to bundle and coordinate delivery of

low-income energy efficiency with other programs that serve

low-income communities, such as the Illinois Solar for All

Program and bill payment assistance programs. Meetings shall

include educational opportunities for stakeholders to learn

more about these additional offerings, and the committee shall

assist in figuring out the best methods for coordinated

delivery and implementation of offerings when serving

low-income communities. The committee shall directly and

equitably influence and inform utility low-income and

public-housing energy efficiency programs and priorities.

Participating utilities shall implement recommendations from

the committee whenever possible.

Participating utilities shall track and report how input

from the committee has led to new approaches and changes in

their energy efficiency portfolios. This reporting shall occur

at committee meetings and in quarterly energy efficiency

reports to the Stakeholder Advisory Group and Illinois

Commerce Commission, and other relevant reporting mechanisms.

Participating utilities shall also report on relevant equity

data and metrics requested by the committee, such as energy

burden data, geographic, racial, and other relevant

demographic data on where programs are being delivered and

what populations programs are serving.

The Illinois Commerce Commission shall oversee and have

relevant staff participate in the committee. The committee

shall have a budget of 0.25% of each utility's entire

efficiency portfolio funding for a given year. The budget

shall be overseen by the Commission. The budget shall be used

to provide grants for community-based organizations serving on

the leadership committee, stipends for community-based

organizations participating in the committee, grants for

community-based organizations to do energy efficiency outreach

and education, and relevant meeting needs as determined by the

leadership committee. The education and outreach shall

include, but is not limited to, basic energy efficiency

education, information about low-income energy efficiency

programs, and information on the committee's purpose,

structure, and activities.

(d) Notwithstanding any other provision of law to the

contrary, a utility providing approved energy efficiency

measures and, if applicable, demand-response measures in the

State shall be permitted to recover all reasonable and

prudently incurred costs of those measures from all retail

customers, except as provided in subsection (l) of this

Section, as follows, provided that nothing in this subsection

(d) permits the double recovery of such costs from customers:

(1) The utility may recover its costs through an

automatic adjustment clause tariff filed with and approved

by the Commission. The tariff shall be established outside

the context of a general rate case. Each year the

Commission shall initiate a review to reconcile any

amounts collected with the actual costs and to determine

the required adjustment to the annual tariff factor to

match annual expenditures. To enable the financing of the

incremental capital expenditures, including regulatory

assets, for electric utilities that serve less than

3,000,000 retail customers but more than 500,000 retail

customers in the State, the utility's actual year-end

capital structure that includes a common equity ratio,

excluding goodwill, of up to and including 50% of the

total capital structure shall be deemed reasonable and

used to set rates.

(2) A utility may recover its costs through an energy

efficiency formula rate approved by the Commission under a

filing under subsections (f) and (g) of this Section,

which shall specify the cost components that form the

basis of the rate charged to customers with sufficient

specificity to operate in a standardized manner and be

updated annually with transparent information that

reflects the utility's actual costs to be recovered during

the applicable rate year, which is the period beginning

with the first billing day of January and extending

through the last billing day of the following December.

The energy efficiency formula rate shall be implemented

through a tariff filed with the Commission under

subsections (f) and (g) of this Section that is consistent

with the provisions of this paragraph (2) and that shall

be applicable to all delivery services customers. The

Commission shall conduct an investigation of the tariff in

a manner consistent with the provisions of this paragraph

(2), subsections (f) and (g) of this Section, and the

provisions of Article IX of this Act to the extent they do

not conflict with this paragraph (2). The energy

efficiency formula rate approved by the Commission shall

remain in effect at the discretion of the utility and

shall do the following:

(A) Provide for the recovery of the utility's

actual costs incurred under this Section that are

prudently incurred and reasonable in amount consistent

with Commission practice and law. The sole fact that a

cost differs from that incurred in a prior calendar

year or that an investment is different from that made

in a prior calendar year shall not imply the

imprudence or unreasonableness of that cost or

investment.

(B) Reflect the utility's actual year-end capital

structure for the applicable calendar year, excluding

goodwill, subject to a determination of prudence and

reasonableness consistent with Commission practice and

law. To enable the financing of the incremental

capital expenditures, including regulatory assets, for

electric utilities that serve less than 3,000,000

retail customers but more than 500,000 retail

customers in the State, a participating electric

utility's actual year-end capital structure that

includes a common equity ratio, excluding goodwill, of

up to and including 50% of the total capital structure

shall be deemed reasonable and used to set rates.

(C) Include a cost of equity, which shall be

calculated as the sum of the following:

(i) the average for the applicable calendar

year of the monthly average yields of 30-year U.S.

Treasury bonds published by the Board of Governors

of the Federal Reserve System in its weekly H.15

Statistical Release or successor publication; and

(ii) 580 basis points.

At such time as the Board of Governors of the

Federal Reserve System ceases to include the monthly

average yields of 30-year U.S. Treasury bonds in its

weekly H.15 Statistical Release or successor

publication, the monthly average yields of the U.S.

Treasury bonds then having the longest duration

published by the Board of Governors in its weekly H.15

Statistical Release or successor publication shall

instead be used for purposes of this paragraph (2).

(D) Permit and set forth protocols, subject to a

determination of prudence and reasonableness

consistent with Commission practice and law, for the

following:

(i) recovery of incentive compensation expense

that is based on the achievement of operational

metrics, including metrics related to budget

controls, outage duration and frequency, safety,

customer service, efficiency and productivity, and

environmental compliance; however, this protocol

shall not apply if such expense related to costs

incurred under this Section is recovered under

Article IX or Section 16-108.5 of this Act;

incentive compensation expense that is based on

net income or an affiliate's earnings per share

shall not be recoverable under the energy

efficiency formula rate;

(ii) recovery of pension and other

post-employment benefits expense, provided that

such costs are supported by an actuarial study;

however, this protocol shall not apply if such

expense related to costs incurred under this

Section is recovered under Article IX or Section

16-108.5 of this Act;

(iii) recovery of existing regulatory assets

over the periods previously authorized by the

Commission;

(iv) as described in subsection (e),

amortization of costs incurred under this Section;

and

(v) projected, weather normalized billing

determinants for the applicable rate year.

(E) Provide for an annual reconciliation, as

described in paragraph (3) of this subsection (d),

less any deferred taxes related to the reconciliation,

with interest at an annual rate of return equal to the

utility's weighted average cost of capital, including

a revenue conversion factor calculated to recover or

refund all additional income taxes that may be payable

or receivable as a result of that return, of the energy

efficiency revenue requirement reflected in rates for

each calendar year, beginning with the calendar year

in which the utility files its energy efficiency

formula rate tariff under this paragraph (2), with

what the revenue requirement would have been had the

actual cost information for the applicable calendar

year been available at the filing date.

The utility shall file, together with its tariff, the

projected costs to be incurred by the utility during the

rate year under the utility's multi-year plan approved

under subsections (f) and (g) of this Section, including,

but not limited to, the projected capital investment costs

and projected regulatory asset balances with

correspondingly updated depreciation and amortization

reserves and expense, that shall populate the energy

efficiency formula rate and set the initial rates under

the formula.

The Commission shall review the proposed tariff in

conjunction with its review of a proposed multi-year plan,

as specified in paragraph (5) of subsection (g) of this

Section. The review shall be based on the same evidentiary

standards, including, but not limited to, those concerning

the prudence and reasonableness of the costs incurred by

the utility, the Commission applies in a hearing to review

a filing for a general increase in rates under Article IX

of this Act. The initial rates shall take effect beginning

with the January monthly billing period following the

Commission's approval.

The tariff's rate design and cost allocation across

customer classes shall be consistent with the utility's

automatic adjustment clause tariff in effect on June 1,

2017 (the effective date of Public Act 99-906); however,

the Commission may revise the tariff's rate design and

cost allocation in subsequent proceedings under paragraph

(3) of this subsection (d).

If the energy efficiency formula rate is terminated,

the then current rates shall remain in effect until such

time as the energy efficiency costs are incorporated into

new rates that are set under this subsection (d) or

Article IX of this Act, subject to retroactive rate

adjustment, with interest, to reconcile rates charged with

actual costs.

(3) The provisions of this paragraph (3) shall only

apply to an electric utility that has elected to file an

energy efficiency formula rate under paragraph (2) of this

subsection (d). Subsequent to the Commission's issuance of

an order approving the utility's energy efficiency formula

rate structure and protocols, and initial rates under

paragraph (2) of this subsection (d), the utility shall

file, on or before June 1 of each year, with the Chief

Clerk of the Commission its updated cost inputs to the

energy efficiency formula rate for the applicable rate

year and the corresponding new charges, as well as the

information described in paragraph (9) of subsection (g)

of this Section. Each such filing shall conform to the

following requirements and include the following

information:

(A) The inputs to the energy efficiency formula

rate for the applicable rate year shall be based on the

projected costs to be incurred by the utility during

the rate year under the utility's multi-year plan

approved under subsections (f) and (g) of this

Section, including, but not limited to, projected

capital investment costs and projected regulatory

asset balances with correspondingly updated

depreciation and amortization reserves and expense.

The filing shall also include a reconciliation of the

energy efficiency revenue requirement that was in

effect for the prior rate year (as set by the cost

inputs for the prior rate year) with the actual

revenue requirement for the prior rate year

(determined using a year-end rate base) that uses

amounts reflected in the applicable FERC Form 1 that

reports the actual costs for the prior rate year. Any

over-collection or under-collection indicated by such

reconciliation shall be reflected as a credit against,

or recovered as an additional charge to, respectively,

with interest calculated at a rate equal to the

utility's weighted average cost of capital approved by

the Commission for the prior rate year, the charges

for the applicable rate year. Such over-collection or

under-collection shall be adjusted to remove any

deferred taxes related to the reconciliation, for

purposes of calculating interest at an annual rate of

return equal to the utility's weighted average cost of

capital approved by the Commission for the prior rate

year, including a revenue conversion factor calculated

to recover or refund all additional income taxes that

may be payable or receivable as a result of that

return. Each reconciliation shall be certified by the

participating utility in the same manner that FERC

Form 1 is certified. The filing shall also include the

charge or credit, if any, resulting from the

calculation required by subparagraph (E) of paragraph

(2) of this subsection (d).

Notwithstanding any other provision of law to the

contrary, the intent of the reconciliation is to

ultimately reconcile both the revenue requirement

reflected in rates for each calendar year, beginning

with the calendar year in which the utility files its

energy efficiency formula rate tariff under paragraph

(2) of this subsection (d), with what the revenue

requirement determined using a year-end rate base for

the applicable calendar year would have been had the

actual cost information for the applicable calendar

year been available at the filing date.

For purposes of this Section, "FERC Form 1" means

the Annual Report of Major Electric Utilities,

Licensees and Others that electric utilities are

required to file with the Federal Energy Regulatory

Commission under the Federal Power Act, Sections 3,

4(a), 304 and 209, modified as necessary to be

consistent with 83 Ill. Adm. Admin. Code Part 415 as of

May 1, 2011. Nothing in this Section is intended to

allow costs that are not otherwise recoverable to be

recoverable by virtue of inclusion in FERC Form 1.

(B) The new charges shall take effect beginning on

the first billing day of the following January billing

period and remain in effect through the last billing

day of the next December billing period regardless of

whether the Commission enters upon a hearing under

this paragraph (3).

(C) The filing shall include relevant and

necessary data and documentation for the applicable

rate year. Normalization adjustments shall not be

required.

Within 45 days after the utility files its annual

update of cost inputs to the energy efficiency formula

rate, the Commission shall with reasonable notice,

initiate a proceeding concerning whether the projected

costs to be incurred by the utility and recovered during

the applicable rate year, and that are reflected in the

inputs to the energy efficiency formula rate, are

consistent with the utility's approved multi-year plan

under subsections (f) and (g) of this Section and whether

the costs incurred by the utility during the prior rate

year were prudent and reasonable. The Commission shall

also have the authority to investigate the information and

data described in paragraph (9) of subsection (g) of this

Section, including the proposed adjustment to the

utility's return on equity component of its weighted

average cost of capital. During the course of the

proceeding, each objection shall be stated with

particularity and evidence provided in support thereof,

after which the utility shall have the opportunity to

rebut the evidence. Discovery shall be allowed consistent

with the Commission's Rules of Practice, which Rules of

Practice shall be enforced by the Commission or the

assigned administrative law judge. The Commission shall

apply the same evidentiary standards, including, but not

limited to, those concerning the prudence and

reasonableness of the costs incurred by the utility,

during the proceeding as it would apply in a proceeding to

review a filing for a general increase in rates under

Article IX of this Act. The Commission shall not, however,

have the authority in a proceeding under this paragraph

(3) to consider or order any changes to the structure or

protocols of the energy efficiency formula rate approved

under paragraph (2) of this subsection (d). In a

proceeding under this paragraph (3), the Commission shall

enter its order no later than the earlier of 195 days after

the utility's filing of its annual update of cost inputs

to the energy efficiency formula rate or December 15. The

utility's proposed return on equity calculation, as

described in paragraphs (7) through (9) of subsection (g)

of this Section, shall be deemed the final, approved

calculation on December 15 of the year in which it is filed

unless the Commission enters an order on or before

December 15, after notice and hearing, that modifies such

calculation consistent with this Section. The Commission's

determinations of the prudence and reasonableness of the

costs incurred, and determination of such return on equity

calculation, for the applicable calendar year shall be

final upon entry of the Commission's order and shall not

be subject to reopening, reexamination, or collateral

attack in any other Commission proceeding, case, docket,

order, rule, or regulation; however, nothing in this

paragraph (3) shall prohibit a party from petitioning the

Commission to rehear or appeal to the courts the order

under the provisions of this Act.

(e) Beginning on June 1, 2017 (the effective date of

Public Act 99-906), a utility subject to the requirements of

this Section may elect to defer, as a regulatory asset, up to

the full amount of its expenditures incurred under this

Section for each annual period, including, but not limited to,

any expenditures incurred above the funding level set by

subsection (f) of this Section for a given year. The total

expenditures deferred as a regulatory asset in a given year

shall be amortized and recovered over a period that is equal to

the weighted average of the energy efficiency measure lives

implemented for that year that are reflected in the regulatory

asset. The unamortized balance shall be recognized as of

December 31 for a given year. The utility shall also earn a

return on the total of the unamortized balances of all of the

energy efficiency regulatory assets, less any deferred taxes

related to those unamortized balances, at an annual rate equal

to the utility's weighted average cost of capital that

includes, based on a year-end capital structure, the utility's

actual cost of debt for the applicable calendar year and a cost

of equity, which shall be calculated as the sum of the (i) the

average for the applicable calendar year of the monthly

average yields of 30-year U.S. Treasury bonds published by the

Board of Governors of the Federal Reserve System in its weekly

H.15 Statistical Release or successor publication; and (ii)

580 basis points, including a revenue conversion factor

calculated to recover or refund all additional income taxes

that may be payable or receivable as a result of that return.

Capital investment costs shall be depreciated and recovered

over their useful lives consistent with generally accepted

accounting principles. The weighted average cost of capital

shall be applied to the capital investment cost balance, less

any accumulated depreciation and accumulated deferred income

taxes, as of December 31 for a given year.

When an electric utility creates a regulatory asset under

the provisions of this Section, the costs are recovered over a

period during which customers also receive a benefit which is

in the public interest. Accordingly, it is the intent of the

General Assembly that an electric utility that elects to

create a regulatory asset under the provisions of this Section

shall recover all of the associated costs as set forth in this

Section. After the Commission has approved the prudence and

reasonableness of the costs that comprise the regulatory

asset, the electric utility shall be permitted to recover all

such costs, and the value and recoverability through rates of

the associated regulatory asset shall not be limited, altered,

impaired, or reduced.

(f) Beginning in 2017, each electric utility shall file an

energy efficiency plan with the Commission to meet the energy

efficiency standards for the next applicable multi-year period

beginning January 1 of the year following the filing,

according to the schedule set forth in paragraphs (1) through

(3) of this subsection (f). If a utility does not file such a

plan on or before the applicable filing deadline for the plan,

it shall face a penalty of $100,000 per day until the plan is

filed.

(1) No later than 30 days after June 1, 2017 (the

effective date of Public Act 99-906), each electric

utility shall file a 4-year energy efficiency plan

commencing on January 1, 2018 that is designed to achieve

the cumulative persisting annual savings goals specified

in paragraphs (1) through (4) of subsection (b-5) of this

Section or in paragraphs (1) through (4) of subsection

(b-15) of this Section, as applicable, through

implementation of energy efficiency measures; however, the

goals may be reduced if the utility's expenditures are

limited pursuant to subsection (m) of this Section or, for

a utility that serves less than 3,000,000 retail

customers, if each of the following conditions are met:

(A) the plan's analysis and forecasts of the utility's

ability to acquire energy savings demonstrate that

achievement of such goals is not cost effective; and (B)

the amount of energy savings achieved by the utility as

determined by the independent evaluator for the most

recent year for which savings have been evaluated

preceding the plan filing was less than the average annual

amount of savings required to achieve the goals for the

applicable 4-year plan period. Except as provided in

subsection (m) of this Section, annual increases in

cumulative persisting annual savings goals during the

applicable 4-year plan period shall not be reduced to

amounts that are less than the maximum amount of

cumulative persisting annual savings that is forecast to

be cost-effectively achievable during the 4-year plan

period. The Commission shall review any proposed goal

reduction as part of its review and approval of the

utility's proposed plan.

(2) No later than March 1, 2021, each electric utility

shall file a 4-year energy efficiency plan commencing on

January 1, 2022 that is designed to achieve the cumulative

persisting annual savings goals specified in paragraphs

(5) through (8) of subsection (b-5) of this Section or in

paragraphs (5) through (8) of subsection (b-15) of this

Section, as applicable, through implementation of energy

efficiency measures; however, the goals may be reduced if

either (1) clear and convincing evidence demonstrates,

through independent analysis, that the expenditure limits

in subsection (m) of this Section preclude full

achievement of the goals or (2) each of the following

conditions are met: (A) the plan's analysis and forecasts

of the utility's ability to acquire energy savings

demonstrate by clear and convincing evidence and through

independent analysis that achievement of such goals is not

cost effective; and (B) the amount of energy savings

achieved by the utility as determined by the independent

evaluator for the most recent year for which savings have

been evaluated preceding the plan filing was less than the

average annual amount of savings required to achieve the

goals for the applicable 4-year plan period. If there is

not clear and convincing evidence that achieving the

savings goals specified in paragraph (b-5) or (b-15) of

this Section is possible both cost-effectively and within

the expenditure limits in subsection (m), such savings

goals shall not be reduced. Except as provided in

subsection (m) of this Section, annual increases in

cumulative persisting annual savings goals during the

applicable 4-year plan period shall not be reduced to

amounts that are less than the maximum amount of

cumulative persisting annual savings that is forecast to

be cost-effectively achievable during the 4-year plan

period. The Commission shall review any proposed goal

reduction as part of its review and approval of the

utility's proposed plan.

(3) No later than March 1, 2025, each electric utility

shall file a 4-year energy efficiency plan commencing on

January 1, 2026 that is designed to achieve the cumulative

persisting annual savings goals specified in paragraphs

(9) through (12) of subsection (b-5) of this Section or in

paragraphs (9) through (12) of subsection (b-15) of this

Section, as applicable, through implementation of energy

efficiency measures; however, the goals may be reduced if

either (1) clear and convincing evidence demonstrates,

through independent analysis, that the expenditure limits

in subsection (m) of this Section preclude full

achievement of the goals or (2) each of the following

conditions are met: (A) the plan's analysis and forecasts

of the utility's ability to acquire energy savings

demonstrate by clear and convincing evidence and through

independent analysis that achievement of such goals is not

cost effective; and (B) the amount of energy savings

achieved by the utility as determined by the independent

evaluator for the most recent year for which savings have

been evaluated preceding the plan filing was less than the

average annual amount of savings required to achieve the

goals for the applicable 4-year plan period. If there is

not clear and convincing evidence that achieving the

savings goals specified in paragraphs (b-5) or (b-15) of

this Section is possible both cost-effectively and within

the expenditure limits in subsection (m), such savings

goals shall not be reduced. Except as provided in

subsection (m) of this Section, annual increases in

cumulative persisting annual savings goals during the

applicable 4-year plan period shall not be reduced to

amounts that are less than the maximum amount of

cumulative persisting annual savings that is forecast to

be cost-effectively achievable during the 4-year plan

period. The Commission shall review any proposed goal

reduction as part of its review and approval of the

utility's proposed plan.

(4) No later than March 1, 2029, and every 4 years

thereafter, each electric utility shall file a 4-year

energy efficiency plan commencing on January 1, 2030, and

every 4 years thereafter, respectively, that is designed

to achieve the cumulative persisting annual savings goals

established by the Illinois Commerce Commission pursuant

to direction of subsections (b-5) and (b-15) of this

Section, as applicable, through implementation of energy

efficiency measures; however, the goals may be reduced if

either (1) clear and convincing evidence and independent

analysis demonstrates that the expenditure limits in

subsection (m) of this Section preclude full achievement

of the goals or (2) each of the following conditions are

met: (A) the plan's analysis and forecasts of the

utility's ability to acquire energy savings demonstrate by

clear and convincing evidence and through independent

analysis that achievement of such goals is not

cost-effective; and (B) the amount of energy savings

achieved by the utility as determined by the independent

evaluator for the most recent year for which savings have

been evaluated preceding the plan filing was less than the

average annual amount of savings required to achieve the

goals for the applicable 4-year plan period. If there is

not clear and convincing evidence that achieving the

savings goals specified in paragraphs (b-5) or (b-15) of

this Section is possible both cost-effectively and within

the expenditure limits in subsection (m), such savings

goals shall not be reduced. Except as provided in

subsection (m) of this Section, annual increases in

cumulative persisting annual savings goals during the

applicable 4-year plan period shall not be reduced to

amounts that are less than the maximum amount of

cumulative persisting annual savings that is forecast to

be cost-effectively achievable during the 4-year plan

period. The Commission shall review any proposed goal

reduction as part of its review and approval of the

utility's proposed plan.

Each utility's plan shall set forth the utility's

proposals to meet the energy efficiency standards identified

in subsection (b-5) or (b-15), as applicable and as such

standards may have been modified under this subsection (f),

taking into account the unique circumstances of the utility's

service territory. For those plans commencing on January 1,

2018, the Commission shall seek public comment on the

utility's plan and shall issue an order approving or

disapproving each plan no later than 105 days after June 1,

2017 (the effective date of Public Act 99-906). For those

plans commencing after December 31, 2021, the Commission shall

seek public comment on the utility's plan and shall issue an

order approving or disapproving each plan within 6 months

after its submission. If the Commission disapproves a plan,

the Commission shall, within 30 days, describe in detail the

reasons for the disapproval and describe a path by which the

utility may file a revised draft of the plan to address the

Commission's concerns satisfactorily. If the utility does not

refile with the Commission within 60 days, the utility shall

be subject to penalties at a rate of $100,000 per day until the

plan is filed. This process shall continue, and penalties

shall accrue, until the utility has successfully filed a

portfolio of energy efficiency and demand-response measures.

Penalties shall be deposited into the Energy Efficiency Trust

Fund.

(g) In submitting proposed plans and funding levels under

subsection (f) of this Section to meet the savings goals

identified in subsection (b-5) or (b-15) of this Section, as

applicable, the utility shall:

(1) Demonstrate that its proposed energy efficiency

measures will achieve the applicable requirements that are

identified in subsection (b-5) or (b-15) of this Section,

as modified by subsection (f) of this Section.

(2) (Blank).

(2.5) Demonstrate consideration of program options for

(A) advancing new building codes, appliance standards, and

municipal regulations governing existing and new building

efficiency improvements and (B) supporting efforts to

improve compliance with new building codes, appliance

standards and municipal regulations, as potentially

cost-effective means of acquiring energy savings to count

toward savings goals.

(3) Demonstrate that its overall portfolio of

measures, not including low-income programs described in

subsection (c) of this Section, is cost-effective using

the total resource cost test or complies with paragraphs

(1) through (3) of subsection (f) of this Section and

represents a diverse cross-section of opportunities for

customers of all rate classes, other than those customers

described in subsection (l) of this Section, to

participate in the programs. Individual measures need not

be cost effective.

(3.5) Demonstrate that the utility's plan integrates

the delivery of energy efficiency programs with natural

gas efficiency programs, programs promoting distributed

solar, programs promoting demand response and other

efforts to address bill payment issues, including, but not

limited to, LIHEAP and the Percentage of Income Payment

Plan, to the extent such integration is practical and has

the potential to enhance customer engagement, minimize

market confusion, or reduce administrative costs.

(4) Present a third-party energy efficiency

implementation program subject to the following

requirements:

(A) beginning with the year commencing January 1,

2019, electric utilities that serve more than

3,000,000 retail customers in the State shall fund

third-party energy efficiency programs in an amount

that is no less than $25,000,000 per year, and

electric utilities that serve less than 3,000,000

retail customers but more than 500,000 retail

customers in the State shall fund third-party energy

efficiency programs in an amount that is no less than

$8,350,000 per year;

(B) during 2018, the utility shall conduct a

solicitation process for purposes of requesting

proposals from third-party vendors for those

third-party energy efficiency programs to be offered

during one or more of the years commencing January 1,

2019, January 1, 2020, and January 1, 2021; for those

multi-year plans commencing on January 1, 2022 and

January 1, 2026, the utility shall conduct a

solicitation process during 2021 and 2025,

respectively, for purposes of requesting proposals

from third-party vendors for those third-party energy

efficiency programs to be offered during one or more

years of the respective multi-year plan period; for

each solicitation process, the utility shall identify

the sector, technology, or geographical area for which

it is seeking requests for proposals; the solicitation

process must be either for programs that fill gaps in

the utility's program portfolio and for programs that

target low-income customers, business sectors,

building types, geographies, or other specific parts

of its customer base with initiatives that would be

more effective at reaching these customer segments

than the utilities' programs filed in its energy

efficiency plans;

(C) the utility shall propose the bidder

qualifications, performance measurement process, and

contract structure, which must include a performance

payment mechanism and general terms and conditions;

the proposed qualifications, process, and structure

shall be subject to Commission approval; and

(D) the utility shall retain an independent third

party to score the proposals received through the

solicitation process described in this paragraph (4),

rank them according to their cost per lifetime

kilowatt-hours saved, and assemble the portfolio of

third-party programs.

The electric utility shall recover all costs

associated with Commission-approved, third-party

administered programs regardless of the success of those

programs.

(4.5) Implement cost-effective demand-response

measures to reduce peak demand by 0.1% over the prior year

for eligible retail customers, as defined in Section

16-111.5 of this Act, and for customers that elect hourly

service from the utility pursuant to Section 16-107 of

this Act, provided those customers have not been declared

competitive. This requirement continues until December 31,

2026.

(5) Include a proposed or revised cost-recovery tariff

mechanism, as provided for under subsection (d) of this

Section, to fund the proposed energy efficiency and

demand-response measures and to ensure the recovery of the

prudently and reasonably incurred costs of

Commission-approved programs.

(6) Provide for an annual independent evaluation of

the performance of the cost-effectiveness of the utility's

portfolio of measures, as well as a full review of the

multi-year plan results of the broader net program impacts

and, to the extent practical, for adjustment of the

measures on a going-forward basis as a result of the

evaluations. The resources dedicated to evaluation shall

not exceed 3% of portfolio resources in any given year.

(7) For electric utilities that serve more than

3,000,000 retail customers in the State:

(A) Through December 31, 2025, provide for an

adjustment to the return on equity component of the

utility's weighted average cost of capital calculated

under subsection (d) of this Section:

(i) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is less than the applicable

annual incremental goal, then the return on equity

component shall be reduced by a maximum of 200

basis points in the event that the utility

achieved no more than 75% of such goal. If the

utility achieved more than 75% of the applicable

annual incremental goal but less than 100% of such

goal, then the return on equity component shall be

reduced by 8 basis points for each percent by

which the utility failed to achieve the goal.

(ii) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is more than the applicable

annual incremental goal, then the return on equity

component shall be increased by a maximum of 200

basis points in the event that the utility

achieved at least 125% of such goal. If the

utility achieved more than 100% of the applicable

annual incremental goal but less than 125% of such

goal, then the return on equity component shall be

increased by 8 basis points for each percent by

which the utility achieved above the goal. If the

applicable annual incremental goal was reduced

under paragraph paragraphs (1) or (2) of

subsection (f) of this Section, then the following

adjustments shall be made to the calculations

described in this item (ii):

(aa) the calculation for determining

achievement that is at least 125% of the

applicable annual incremental goal shall use

the unreduced applicable annual incremental

goal to set the value; and

(bb) the calculation for determining

achievement that is less than 125% but more

than 100% of the applicable annual incremental

goal shall use the reduced applicable annual

incremental goal to set the value for 100%

achievement of the goal and shall use the

unreduced goal to set the value for 125%

achievement. The 8 basis point value shall

also be modified, as necessary, so that the

200 basis points are evenly apportioned among

each percentage point value between 100% and

125% achievement.

(B) For the period January 1, 2026 through

December 31, 2029 and in all subsequent 4-year

periods, provide for an adjustment to the return on

equity component of the utility's weighted average

cost of capital calculated under subsection (d) of

this Section:

(i) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is less than the applicable

annual incremental goal, then the return on equity

component shall be reduced by a maximum of 200

basis points in the event that the utility

achieved no more than 66% of such goal. If the

utility achieved more than 66% of the applicable

annual incremental goal but less than 100% of such

goal, then the return on equity component shall be

reduced by 6 basis points for each percent by

which the utility failed to achieve the goal.

(ii) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is more than the applicable

annual incremental goal, then the return on equity

component shall be increased by a maximum of 200

basis points in the event that the utility

achieved at least 134% of such goal. If the

utility achieved more than 100% of the applicable

annual incremental goal but less than 134% of such

goal, then the return on equity component shall be

increased by 6 basis points for each percent by

which the utility achieved above the goal. If the

applicable annual incremental goal was reduced

under paragraph (3) of subsection (f) of this

Section, then the following adjustments shall be

made to the calculations described in this item

(ii):

(aa) the calculation for determining

achievement that is at least 134% of the

applicable annual incremental goal shall use

the unreduced applicable annual incremental

goal to set the value; and

(bb) the calculation for determining

achievement that is less than 134% but more

than 100% of the applicable annual incremental

goal shall use the reduced applicable annual

incremental goal to set the value for 100%

achievement of the goal and shall use the

unreduced goal to set the value for 134%

achievement. The 6 basis point value shall

also be modified, as necessary, so that the

200 basis points are evenly apportioned among

each percentage point value between 100% and

134% achievement.

(C) Notwithstanding the provisions of

subparagraphs (A) and (B) of this paragraph (7), if

the applicable annual incremental goal for an electric

utility is ever less than 0.6% of deemed average

weather normalized sales of electric power and energy

during calendar years 2014, 2015, and 2016, an

adjustment to the return on equity component of the

utility's weighted average cost of capital calculated

under subsection (d) of this Section shall be made as

follows:

(i) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is less than would have been

achieved had the applicable annual incremental

goal been achieved, then the return on equity

component shall be reduced by a maximum of 200

basis points if the utility achieved no more than

75% of its applicable annual total savings

requirement as defined in paragraph (7.5) of this

subsection. If the utility achieved more than 75%

of the applicable annual total savings requirement

but less than 100% of such goal, then the return on

equity component shall be reduced by 8 basis

points for each percent by which the utility

failed to achieve the goal.

(ii) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is more than would have been

achieved had the applicable annual incremental

goal been achieved, then the return on equity

component shall be increased by a maximum of 200

basis points if the utility achieved at least 125%

of its applicable annual total savings

requirement. If the utility achieved more than

100% of the applicable annual total savings

requirement but less than 125% of such goal, then

the return on equity component shall be increased

by 8 basis points for each percent by which the

utility achieved above the applicable annual total

savings requirement. If the applicable annual

incremental goal was reduced under paragraph (1)

or (2) of subsection (f) of this Section, then the

following adjustments shall be made to the

calculations described in this item (ii):

(aa) the calculation for determining

achievement that is at least 125% of the

applicable annual total savings requirement

shall use the unreduced applicable annual

incremental goal to set the value; and

(bb) the calculation for determining

achievement that is less than 125% but more

than 100% of the applicable annual total

savings requirement shall use the reduced

applicable annual incremental goal to set the

value for 100% achievement of the goal and

shall use the unreduced goal to set the value

for 125% achievement. The 8 basis point value

shall also be modified, as necessary, so that

the 200 basis points are evenly apportioned

among each percentage point value between 100%

and 125% achievement.

(7.5) For purposes of this Section, the term

"applicable annual incremental goal" means the difference

between the cumulative persisting annual savings goal for

the calendar year that is the subject of the independent

evaluator's determination and the cumulative persisting

annual savings goal for the immediately preceding calendar

year, as such goals are defined in subsections (b-5) and

(b-15) of this Section and as these goals may have been

modified as provided for under subsection (b-20) and

paragraphs (1) through (3) of subsection (f) of this

Section. Under subsections (b), (b-5), (b-10), and (b-15)

of this Section, a utility must first replace energy

savings from measures that have expired before any

progress towards achievement of its applicable annual

incremental goal may be counted. Savings may expire

because measures installed in previous years have reached

the end of their lives, because measures installed in

previous years are producing lower savings in the current

year than in the previous year, or for other reasons

identified by independent evaluators. Notwithstanding

anything else set forth in this Section, the difference

between the actual annual incremental savings achieved in

any given year, including the replacement of energy

savings that have expired, and the applicable annual

incremental goal shall not affect adjustments to the

return on equity for subsequent calendar years under this

subsection (g).

In this Section, "applicable annual total savings

requirement" means the total amount of new annual savings

that the utility must achieve in any given year to achieve

the applicable annual incremental goal. This is equal to

the applicable annual incremental goal plus the total new

annual savings that are required to replace savings that

expired in or at the end of the previous year.

(8) For electric utilities that serve less than

3,000,000 retail customers but more than 500,000 retail

customers in the State:

(A) Through December 31, 2025, the applicable

annual incremental goal shall be compared to the

annual incremental savings as determined by the

independent evaluator.

(i) The return on equity component shall be

reduced by 8 basis points for each percent by

which the utility did not achieve 84.4% of the

applicable annual incremental goal.

(ii) The return on equity component shall be

increased by 8 basis points for each percent by

which the utility exceeded 100% of the applicable

annual incremental goal.

(iii) The return on equity component shall not

be increased or decreased if the annual

incremental savings as determined by the

independent evaluator is greater than 84.4% of the

applicable annual incremental goal and less than

100% of the applicable annual incremental goal.

(iv) The return on equity component shall not

be increased or decreased by an amount greater

than 200 basis points pursuant to this

subparagraph (A).

(B) For the period of January 1, 2026 through

December 31, 2029 and in all subsequent 4-year

periods, the applicable annual incremental goal shall

be compared to the annual incremental savings as

determined by the independent evaluator.

(i) The return on equity component shall be

reduced by 6 basis points for each percent by

which the utility did not achieve 100% of the

applicable annual incremental goal.

(ii) The return on equity component shall be

increased by 6 basis points for each percent by

which the utility exceeded 100% of the applicable

annual incremental goal.

(iii) The return on equity component shall not

be increased or decreased by an amount greater

than 200 basis points pursuant to this

subparagraph (B).

(C) Notwithstanding provisions in subparagraphs

(A) and (B) of paragraph (7) of this subsection, if the

applicable annual incremental goal for an electric

utility is ever less than 0.6% of deemed average

weather normalized sales of electric power and energy

during calendar years 2014, 2015 and 2016, an

adjustment to the return on equity component of the

utility's weighted average cost of capital calculated

under subsection (d) of this Section shall be made as

follows:

(i) The return on equity component shall be

reduced by 8 basis points for each percent by

which the utility did not achieve 100% of the

applicable annual total savings requirement.

(ii) The return on equity component shall be

increased by 8 basis points for each percent by

which the utility exceeded 100% of the applicable

annual total savings requirement.

(iii) The return on equity component shall not

be increased or decreased by an amount greater

than 200 basis points pursuant to this

subparagraph (C).

(D) If the applicable annual incremental goal was

reduced under paragraph (1), (2), (3), or (4) of

subsection (f) of this Section, then the following

adjustments shall be made to the calculations

described in subparagraphs (A), (B), and (C) of this

paragraph (8):

(i) The calculation for determining

achievement that is at least 125% or 134%, as

applicable, of the applicable annual incremental

goal or the applicable annual total savings

requirement, as applicable, shall use the

unreduced applicable annual incremental goal to

set the value.

(ii) For the period through December 31, 2025,

the calculation for determining achievement that

is less than 125% but more than 100% of the

applicable annual incremental goal or the

applicable annual total savings requirement, as

applicable, shall use the reduced applicable

annual incremental goal to set the value for 100%

achievement of the goal and shall use the

unreduced goal to set the value for 125%

achievement. The 8 basis point value shall also be

modified, as necessary, so that the 200 basis

points are evenly apportioned among each

percentage point value between 100% and 125%

achievement.

(iii) For the period of January 1, 2026

through December 31, 2029 and all subsequent

4-year periods, the calculation for determining

achievement that is less than 125% or 134%, as

applicable, but more than 100% of the applicable

annual incremental goal or the applicable annual

total savings requirement, as applicable, shall

use the reduced applicable annual incremental goal

to set the value for 100% achievement of the goal

and shall use the unreduced goal to set the value

for 125% achievement. The 6 basis-point value or 8

basis-point value, as applicable, shall also be

modified, as necessary, so that the 200 basis

points are evenly apportioned among each

percentage point value between 100% and 125% or

between 100% and 134% achievement, as applicable.

(9) The utility shall submit the energy savings data

to the independent evaluator no later than 30 days after

the close of the plan year. The independent evaluator

shall determine the cumulative persisting annual savings

for a given plan year, as well as an estimate of job

impacts and other macroeconomic impacts of the efficiency

programs for that year, no later than 120 days after the

close of the plan year. The utility shall submit an

informational filing to the Commission no later than 160

days after the close of the plan year that attaches the

independent evaluator's final report identifying the

cumulative persisting annual savings for the year and

calculates, under paragraph (7) or (8) of this subsection

(g), as applicable, any resulting change to the utility's

return on equity component of the weighted average cost of

capital applicable to the next plan year beginning with

the January monthly billing period and extending through

the December monthly billing period. However, if the

utility recovers the costs incurred under this Section

under paragraphs (2) and (3) of subsection (d) of this

Section, then the utility shall not be required to submit

such informational filing, and shall instead submit the

information that would otherwise be included in the

informational filing as part of its filing under paragraph

(3) of such subsection (d) that is due on or before June 1

of each year.

For those utilities that must submit the informational

filing, the Commission may, on its own motion or by

petition, initiate an investigation of such filing,

provided, however, that the utility's proposed return on

equity calculation shall be deemed the final, approved

calculation on December 15 of the year in which it is filed

unless the Commission enters an order on or before

December 15, after notice and hearing, that modifies such

calculation consistent with this Section.

The adjustments to the return on equity component

described in paragraphs (7) and (8) of this subsection (g)

shall be applied as described in such paragraphs through a

separate tariff mechanism, which shall be filed by the

utility under subsections (f) and (g) of this Section.

(9.5) The utility must demonstrate how it will ensure

that program implementation contractors and energy

efficiency installation vendors will promote workforce

equity and quality jobs.

(9.6) Utilities shall collect data necessary to ensure

compliance with paragraph (9.5) no less than quarterly and

shall communicate progress toward compliance with

paragraph (9.5) to program implementation contractors and

energy efficiency installation vendors no less than

quarterly. Utilities shall work with relevant vendors,

providing education, training, and other resources needed

to ensure compliance and, where necessary, adjusting or

terminating work with vendors that cannot assist with

compliance.

(10) Utilities required to implement efficiency

programs under subsections (b-5) and (b-10) shall report

annually to the Illinois Commerce Commission and the

General Assembly on how hiring, contracting, job training,

and other practices related to its energy efficiency

programs enhance the diversity of vendors working on such

programs. These reports must include data on vendor and

employee diversity, including data on the implementation

of paragraphs (9.5) and (9.6). If the utility is not

meeting the requirements of paragraphs (9.5) and (9.6),

the utility shall submit a plan to adjust their activities

so that they meet the requirements of paragraphs (9.5) and

(9.6) within the following year.

(h) No more than 4% of energy efficiency and

demand-response program revenue may be allocated for research,

development, or pilot deployment of new equipment or measures.

Electric utilities shall work with interested stakeholders to

formulate a plan for how these funds should be spent,

incorporate statewide approaches for these allocations, and

file a 4-year plan that demonstrates that collaboration. If a

utility files a request for modified annual energy savings

goals with the Commission, then a utility shall forgo spending

portfolio dollars on research and development proposals.

(i) When practicable, electric utilities shall incorporate

advanced metering infrastructure data into the planning,

implementation, and evaluation of energy efficiency measures

and programs, subject to the data privacy and confidentiality

protections of applicable law.

(j) The independent evaluator shall follow the guidelines

and use the savings set forth in Commission-approved energy

efficiency policy manuals and technical reference manuals, as

each may be updated from time to time. Until such time as

measure life values for energy efficiency measures implemented

for low-income households under subsection (c) of this Section

are incorporated into such Commission-approved manuals, the

low-income measures shall have the same measure life values

that are established for same measures implemented in

households that are not low-income households.

(k) Notwithstanding any provision of law to the contrary,

an electric utility subject to the requirements of this

Section may file a tariff cancelling an automatic adjustment

clause tariff in effect under this Section or Section 8-103,

which shall take effect no later than one business day after

the date such tariff is filed. Thereafter, the utility shall

be authorized to defer and recover its expenditures incurred

under this Section through a new tariff authorized under

subsection (d) of this Section or in the utility's next rate

case under Article IX or Section 16-108.5 of this Act, with

interest at an annual rate equal to the utility's weighted

average cost of capital as approved by the Commission in such

case. If the utility elects to file a new tariff under

subsection (d) of this Section, the utility may file the

tariff within 10 days after June 1, 2017 (the effective date of

Public Act 99-906), and the cost inputs to such tariff shall be

based on the projected costs to be incurred by the utility

during the calendar year in which the new tariff is filed and

that were not recovered under the tariff that was cancelled as

provided for in this subsection. Such costs shall include

those incurred or to be incurred by the utility under its

multi-year plan approved under subsections (f) and (g) of this

Section, including, but not limited to, projected capital

investment costs and projected regulatory asset balances with

correspondingly updated depreciation and amortization reserves

and expense. The Commission shall, after notice and hearing,

approve, or approve with modification, such tariff and cost

inputs no later than 75 days after the utility filed the

tariff, provided that such approval, or approval with

modification, shall be consistent with the provisions of this

Section to the extent they do not conflict with this

subsection (k). The tariff approved by the Commission shall

take effect no later than 5 days after the Commission enters

its order approving the tariff.

No later than 60 days after the effective date of the

tariff cancelling the utility's automatic adjustment clause

tariff, the utility shall file a reconciliation that

reconciles the moneys collected under its automatic adjustment

clause tariff with the costs incurred during the period

beginning June 1, 2016 and ending on the date that the electric

utility's automatic adjustment clause tariff was cancelled. In

the event the reconciliation reflects an under-collection, the

utility shall recover the costs as specified in this

subsection (k). If the reconciliation reflects an

over-collection, the utility shall apply the amount of such

over-collection as a one-time credit to retail customers'

bills.

(l) For the calendar years covered by a multi-year plan

commencing after December 31, 2017, subsections (a) through

(j) of this Section do not apply to eligible large private

energy customers that have chosen to opt out of multi-year

plans consistent with this subsection (1).

(1) For purposes of this subsection (l), "eligible

large private energy customer" means any retail customers,

except for federal, State, municipal, and other public

customers, of an electric utility that serves more than

3,000,000 retail customers, except for federal, State,

municipal and other public customers, in the State and

whose total highest 30 minute demand was more than 10,000

kilowatts, or any retail customers of an electric utility

that serves less than 3,000,000 retail customers but more

than 500,000 retail customers in the State and whose total

highest 15 minute demand was more than 10,000 kilowatts.

For purposes of this subsection (l), "retail customer" has

the meaning set forth in Section 16-102 of this Act.

However, for a business entity with multiple sites located

in the State, where at least one of those sites qualifies

as an eligible large private energy customer, then any of

that business entity's sites, properly identified on a

form for notice, shall be considered eligible large

private energy customers for the purposes of this

subsection (l). A determination of whether this subsection

is applicable to a customer shall be made for each

multi-year plan beginning after December 31, 2017. The

criteria for determining whether this subsection (l) is

applicable to a retail customer shall be based on the 12

consecutive billing periods prior to the start of the

first year of each such multi-year plan.

(2) Within 45 days after September 15, 2021 (the

effective date of Public Act 102-662) this amendatory Act

of the 102nd General Assembly, the Commission shall

prescribe the form for notice required for opting out of

energy efficiency programs. The notice must be submitted

to the retail electric utility 12 months before the next

energy efficiency planning cycle. However, within 120 days

after the Commission's initial issuance of the form for

notice, eligible large private energy customers may submit

a form for notice to an electric utility. The form for

notice for opting out of energy efficiency programs shall

include all of the following:

(A) a statement indicating that the customer has

elected to opt out;

(B) the account numbers for the customer accounts

to which the opt out shall apply;

(C) the mailing address associated with the

customer accounts identified under subparagraph (B);

(D) an American Society of Heating, Refrigerating,

and Air-Conditioning Engineers (ASHRAE) level 2 or

higher audit report conducted by an independent

third-party expert identifying cost-effective energy

efficiency project opportunities that could be

invested in over the next 10 years. A retail customer

with specialized processes may utilize a self-audit

process in lieu of the ASHRAE audit;

(E) a description of the customer's plans to

reallocate the funds toward internal energy efficiency

efforts identified in the subparagraph (D) report,

including, but not limited to: (i) strategic energy

management or other programs, including descriptions

of targeted buildings, equipment and operations; (ii)

eligible energy efficiency measures; and (iii)

expected energy savings, itemized by technology. If

the subparagraph (D) audit report identifies that the

customer currently utilizes the best available energy

efficient technology, equipment, programs, and

operations, the customer may provide a statement that

more efficient technology, equipment, programs, and

operations are not reasonably available as a means of

satisfying this subparagraph (E); and

(F) the effective date of the opt out, which will

be the next January 1 following notice of the opt out.

(3) Upon receipt of a properly and timely noticed

request for opt out submitted by an eligible large private

energy customer, the retail electric utility shall grant

the request, file the request with the Commission and,

beginning January 1 of the following year, the opted out

customer shall no longer be assessed the costs of the plan

and shall be prohibited from participating in that 4-year

plan cycle to give the retail utility the certainty to

design program plan proposals.

(4) Upon a customer's election to opt out under

paragraphs (1) and (2) of this subsection (l) and

commencing on the effective date of said opt out, the

account properly identified in the customer's notice under

paragraph (2) shall not be subject to any cost recovery

and shall not be eligible to participate in, or directly

benefit from, compliance with energy efficiency cumulative

persisting savings requirements under subsections (a)

through (j).

(5) A utility's cumulative persisting annual savings

targets will exclude any opted out load.

(6) The request to opt out is only valid for the

requested plan cycle. An eligible large private energy

customer must also request to opt out for future energy

plan cycles, otherwise the customer will be included in

the future energy plan cycle.

(m) Notwithstanding the requirements of this Section, as

part of a proceeding to approve a multi-year plan under

subsections (f) and (g) of this Section if the multi-year plan

has been designed to maximize savings, but does not meet the

cost cap limitations of this Section, the Commission shall

reduce the amount of energy efficiency measures implemented

for any single year, and whose costs are recovered under

subsection (d) of this Section, by an amount necessary to

limit the estimated average net increase due to the cost of the

measures to no more than

(1) 3.5% for each of the 4 years beginning January 1,

2018,

(2) (blank),

(3) 4% for each of the 4 years beginning January 1,

2022,

(4) 4.25% for the 4 years beginning January 1, 2026,

and

(5) 4.25% plus an increase sufficient to account for

the rate of inflation between January 1, 2026 and January

1 of the first year of each subsequent 4-year plan cycle,

of the average amount paid per kilowatthour by residential

eligible retail customers during calendar year 2015. An

electric utility may plan to spend up to 10% more in any year

during an applicable multi-year plan period to

cost-effectively achieve additional savings so long as the

average over the applicable multi-year plan period does not

exceed the percentages defined in items (1) through (5). To

determine the total amount that may be spent by an electric

utility in any single year, the applicable percentage of the

average amount paid per kilowatthour shall be multiplied by

the total amount of energy delivered by such electric utility

in the calendar year 2015, adjusted to reflect the proportion

of the utility's load attributable to customers that have

opted out of subsections (a) through (j) of this Section under

subsection (l) of this Section. For purposes of this

subsection (m), the amount paid per kilowatthour includes,

without limitation, estimated amounts paid for supply,

transmission, distribution, surcharges, and add-on taxes. For

purposes of this Section, "eligible retail customers" shall

have the meaning set forth in Section 16-111.5 of this Act.

Once the Commission has approved a plan under subsections (f)

and (g) of this Section, no subsequent rate impact

determinations shall be made.

(n) A utility shall take advantage of the efficiencies

available through existing Illinois Home Weatherization

Assistance Program infrastructure and services, such as

enrollment, marketing, quality assurance and implementation,

which can reduce the need for similar services at a lower cost

than utility-only programs, subject to capacity constraints at

community action agencies, for both single-family and

multifamily weatherization services, to the extent Illinois

Home Weatherization Assistance Program community action

agencies provide multifamily services. A utility's plan shall

demonstrate that in formulating annual weatherization budgets,

it has sought input and coordination with community action

agencies regarding agencies' capacity to expand and maximize

Illinois Home Weatherization Assistance Program delivery using

the ratepayer dollars collected under this Section.

(Source: P.A. 101-81, eff. 7-12-19; 102-662, eff. 9-15-21;

revised 2-28-22.)

(220 ILCS 5/8-201.4)

Sec. 8-201.4. Prohibition on use of utility name or logo

by non-utility entity. No non-utility individual, business, or

entity shall use a public utility name or logo, in whole or in

part, in any manner to market, solicit, sell, or bill for a

home (i) insurance, (ii) maintenance, or (iii) warranty

product. This prohibition does not apply to activities

permitted to implement a program or plan approved by the

Commission pursuant to an order entered under this Act. This

prohibition does not apply to the partial use by a non-utility

entity of a logo belonging to an electric utility that serves

fewer than 200,000 customers in this State.

(Source: P.A. 102-928, eff. 1-1-23; revised 12-19-22.)

(220 ILCS 5/14-102) (from Ch. 111 2/3, par. 14-102)

Sec. 14-102. Terms of office, vacancies, restrictions, and

removals.

Terms of office. The first members of the transit

commission shall be appointed for two, three, and four year

terms respectively. The term of office of each member

thereafter appointed shall be four years.

Vacancies. Any vacancy in the membership of the transit

commission occurring by reason of the death, resignation,

disqualification, removal, or inability or refusal to act of

any of the members of such transit commission shall be filled

by appointment by the mayor by and with the advice and consent

of the city council of the city.

Restrictions and removals. Each member of the transit

commission shall devote all time necessary to perform properly

and adequately the duties of his office, and shall hold no

other office or position of profit, or engage in any other

business, employment, or vocation to the detriment or neglect

of such duties.

No person holding stocks or bonds in any corporation

subject to the jurisdiction of the transit commission, or who

is in any other manner directly or indirectly pecuniarily

interested in any such corporation, shall be appointed as a

member of the transit commission or shall be appointed or

employed by the transit commission.

No member of the transit commission or any officer or

employee employe of the transit commission shall voluntarily

become so interested and if he shall become so interested

otherwise than voluntarily he shall within a reasonable time

divest himself of such interest.

No member of the transit commission or any officer or

employee employe of the transit commission shall solicit or

accept any gift, gratuity, emolument, or employment from any

corporation subject to the jurisdiction of the transit

commission or from any officer, agent, or employee employe

thereof; nor solicit, request, or recommend directly or

indirectly, to any such corporation or to any officer, agent,

or employee employe thereof, the appointment or employment of

any person by any such corporation to any office or position.

And no such corporation or any officer, agent, or employee

employe thereof, shall offer to any member of the transit

commission or any officer or employee employe of the transit

commission any gift, gratuity, emolument, or employment.

Violation of any of the provisions of this paragraph by

any member, officer, or employee employe of the transit

commission shall be ground for his removal from the office or

employment held by him.

No member of the transit commission shall be removed from

office during the term for which he shall be appointed except

upon written charges made and sustained, as hereinafter

provided for violation of any of the provisions of this

paragraph, or for malfeasance, misfeasance, or nonfeasance in

the discharge of the duties of his office.

Such charges shall be preferred by the mayor in writing to

the city council of the city, or by resolution of the city

council of the city and shall be investigated by a committee

designated by the city council, which shall afford full

opportunity to the commissioner complained of to appear and be

heard in his own defense and to be represented by counsel.

The finding or decision of such committee shall be

reported by it to the city council. In case such finding or

decision shall sustain the charges and shall be approved by a

vote of two-thirds two thirds of all of the members of the city

council, the mayor of the city shall issue a declaration

removing such commissioner from office and the vacancy thus

created shall be filled as in this Section section provided.

(Source: P.A. 84-617; revised 8-22-22.)

(220 ILCS 5/14-103) (from Ch. 111 2/3, par. 14-103)

Sec. 14-103. Offices, employees employes and supplies,

salaries.

Offices. The transit commission shall establish and

maintain an office in the city hall of the city or at such

other place as the city council of the city shall from time to

time authorize or provide.

Such office shall be open for business between the hours

of nine o'clock A. M. and five o'clock P. M. of each week day

except holidays, except on Saturdays the hours shall be from

nine o'clock A. M. to twelve o'clock noon.

Employees Employes and supplies. The transit commission

shall have power to appoint a secretary, and to employ such

accountants, engineers, experts, inspectors, clerks, and other

employees employes and fix their compensation, and to purchase

such furniture, stationery, and other supplies and materials,

as are reasonably necessary to enable it properly to perform

its duties and exercise its powers.

The secretary and such other employees employes as the

transit commission may require shall give bond in such amount

and with such security as the transit commission may

prescribe.

Salaries and expenses. Each of the members of the transit

commission shall receive such annual salary as shall be fixed

by the city council of the city.

The salary of any member shall not be reduced during his

term of office.

The city council of the city shall have power to provide

for the payment of the salaries of all members and the expenses

of the transit commission.

(Source: P.A. 84-617; revised 8-22-22.)

(220 ILCS 5/14-104) (from Ch. 111 2/3, par. 14-104)

Sec. 14-104. Rules and regulations, meetings, seal and

authentication of records, etc.

Rules and regulations. Consistent with the provisions of

this Article, the transit commission may adopt such rules and

regulations and may alter and amend the same as it shall deem

advisable relative to the calling, holding, and conduct of its

meetings, the transaction of its business, the regulation and

control of its agents and employees employes, the filing of

complaints and petitions and the service of notices thereof

and the conduct of hearings thereon, and the performance in

general of its duties and powers hereunder.

Meetings. For the purpose of receiving, considering, and

acting upon any complaints or applications which may be

presented to it or for the purpose of conducting

investigations or hearings on its own motion the transit

commission shall hold a regular meeting at least once a week

except in the months of July and August in each year. In

addition to such other meetings of the transit commission as

may be held, called or provided for by the rules and

regulations of the transit commission, the Chairman shall call

a meeting of the transit commission at any time upon the

request of the mayor or city council of the city.

Quorum and Majority Rule. Two members of the transit

commission shall constitute a quorum to transact business and

no vacancy shall impair the right of the remaining

commissioners to exercise all the powers of the transit

commission; and every finding, order, decision, rule,

regulation, or requirement of the transit commission approved

by at least two members thereof shall be deemed to be the

finding, order, decision, rule, regulation, or requirement of

the transit commission.

Seal, Authentication of records, etc. The transit

commission may adopt, keep, and use a common seal, of which

judicial notice shall be taken in all courts of this State

state. Any process, notice, or other instrument which the

transit commission may be authorized by law to issue shall be

deemed sufficient if signed by the secretary of the transit

commission and authenticated by such seal. All acts, orders,

decisions, rules, and records of the transit commission, and

all reports, schedules, and documents filed with the transit

commission may be proved in any court in this State state by a

copy thereof certified by the secretary under the seal of the

transit commission.

(Source: P.A. 84-617; revised 8-22-22.)

(220 ILCS 5/16-108.5)

Sec. 16-108.5. Infrastructure investment and

modernization; regulatory reform.

(a) (Blank).

(b) For purposes of this Section, "participating utility"

means an electric utility or a combination utility serving

more than 1,000,000 customers in Illinois that voluntarily

elects and commits to undertake (i) the infrastructure

investment program consisting of the commitments and

obligations described in this subsection (b) and (ii) the

customer assistance program consisting of the commitments and

obligations described in subsection (b-10) of this Section,

notwithstanding any other provisions of this Act and without

obtaining any approvals from the Commission or any other

agency other than as set forth in this Section, regardless of

whether any such approval would otherwise be required.

"Combination utility" means a utility that, as of January 1,

2011, provided electric service to at least one million retail

customers in Illinois and gas service to at least 500,000

retail customers in Illinois. A participating utility shall

recover the expenditures made under the infrastructure

investment program through the ratemaking process, including,

but not limited to, the performance-based formula rate and

process set forth in this Section.

During the infrastructure investment program's peak

program year, a participating utility other than a combination

utility shall create 2,000 full-time equivalent jobs in

Illinois, and a participating utility that is a combination

utility shall create 450 full-time equivalent jobs in Illinois

related to the provision of electric service. These jobs shall

include direct jobs, contractor positions, and induced jobs,

but shall not include any portion of a job commitment, not

specifically contingent on an amendatory Act of the 97th

General Assembly becoming law, between a participating utility

and a labor union that existed on December 30, 2011 (the

effective date of Public Act 97-646) and that has not yet been

fulfilled. A portion of the full-time equivalent jobs created

by each participating utility shall include incremental

personnel hired subsequent to December 30, 2011 (the effective

date of Public Act 97-646). For purposes of this Section,

"peak program year" means the consecutive 12-month period with

the highest number of full-time equivalent jobs that occurs

between the beginning of investment year 2 and the end of

investment year 4.

A participating utility shall meet one of the following

commitments, as applicable:

(1) Beginning no later than 180 days after a

participating utility other than a combination utility

files a performance-based formula rate tariff pursuant to

subsection (c) of this Section, or, beginning no later

than January 1, 2012 if such utility files such

performance-based formula rate tariff within 14 days of

October 26, 2011 (the effective date of Public Act

97-616), the participating utility shall, except as

provided in subsection (b-5):

(A) over a 5-year period, invest an estimated

$1,300,000,000 in electric system upgrades,

modernization projects, and training facilities,

including, but not limited to:

(i) distribution infrastructure improvements

totaling an estimated $1,000,000,000, including

underground residential distribution cable

injection and replacement and mainline cable

system refurbishment and replacement projects;

(ii) training facility construction or upgrade

projects totaling an estimated $10,000,000,

provided that, at a minimum, one such facility

shall be located in a municipality having a

population of more than 2 million residents and

one such facility shall be located in a

municipality having a population of more than

150,000 residents but fewer than 170,000

residents; any such new facility located in a

municipality having a population of more than 2

million residents must be designed for the purpose

of obtaining, and the owner of the facility shall

apply for, certification under the United States

Green Building Council's Leadership in Energy

Efficiency Design Green Building Rating System;

(iii) wood pole inspection, treatment, and

replacement programs;

(iv) an estimated $200,000,000 for reducing

the susceptibility of certain circuits to

storm-related damage, including, but not limited

to, high winds, thunderstorms, and ice storms;

improvements may include, but are not limited to,

overhead to underground conversion and other

engineered outcomes for circuits; the

participating utility shall prioritize the

selection of circuits based on each circuit's

historical susceptibility to storm-related damage

and the ability to provide the greatest customer

benefit upon completion of the improvements; to be

eligible for improvement, the participating

utility's ability to maintain proper tree

clearances surrounding the overhead circuit must

not have been impeded by third parties; and

(B) over a 10-year period, invest an estimated

$1,300,000,000 to upgrade and modernize its

transmission and distribution infrastructure and in

Smart Grid electric system upgrades, including, but

not limited to:

(i) additional smart meters;

(ii) distribution automation;

(iii) associated cyber secure data

communication network; and

(iv) substation micro-processor relay

upgrades.

(2) Beginning no later than 180 days after a

participating utility that is a combination utility files

a performance-based formula rate tariff pursuant to

subsection (c) of this Section, or, beginning no later

than January 1, 2012 if such utility files such

performance-based formula rate tariff within 14 days of

October 26, 2011 (the effective date of Public Act

97-616), the participating utility shall, except as

provided in subsection (b-5):

(A) over a 10-year period, invest an estimated

$265,000,000 in electric system upgrades,

modernization projects, and training facilities,

including, but not limited to:

(i) distribution infrastructure improvements

totaling an estimated $245,000,000, which may

include bulk supply substations, transformers,

reconductoring, and rebuilding overhead

distribution and sub-transmission lines,

underground residential distribution cable

injection and replacement and mainline cable

system refurbishment and replacement projects;

(ii) training facility construction or upgrade

projects totaling an estimated $1,000,000; any

such new facility must be designed for the purpose

of obtaining, and the owner of the facility shall

apply for, certification under the United States

Green Building Council's Leadership in Energy

Efficiency Design Green Building Rating System;

and

(iii) wood pole inspection, treatment, and

replacement programs; and

(B) over a 10-year period, invest an estimated

$360,000,000 to upgrade and modernize its transmission

and distribution infrastructure and in Smart Grid

electric system upgrades, including, but not limited

to:

(i) additional smart meters;

(ii) distribution automation;

(iii) associated cyber secure data

communication network; and

(iv) substation micro-processor relay

upgrades.

For purposes of this Section, "Smart Grid electric system

upgrades" shall have the meaning set forth in subsection (a)

of Section 16-108.6 of this Act.

The investments in the infrastructure investment program

described in this subsection (b) shall be incremental to the

participating utility's annual capital investment program, as

defined by, for purposes of this subsection (b), the

participating utility's average capital spend for calendar

years 2008, 2009, and 2010 as reported in the applicable

Federal Energy Regulatory Commission (FERC) Form 1; provided

that where one or more utilities have merged, the average

capital spend shall be determined using the aggregate of the

merged utilities' capital spend reported in FERC Form 1 for

the years 2008, 2009, and 2010. A participating utility may

add reasonable construction ramp-up and ramp-down time to the

investment periods specified in this subsection (b). For each

such investment period, the ramp-up and ramp-down time shall

not exceed a total of 6 months.

Within 60 days after filing a tariff under subsection (c)

of this Section, a participating utility shall submit to the

Commission its plan, including scope, schedule, and staffing,

for satisfying its infrastructure investment program

commitments pursuant to this subsection (b). The submitted

plan shall include a schedule and staffing plan for the next

calendar year. The plan shall also include a plan for the

creation, operation, and administration of a Smart Grid test

bed as described in subsection (c) of Section 16-108.8. The

plan need not allocate the work equally over the respective

periods, but should allocate material increments throughout

such periods commensurate with the work to be undertaken. No

later than April 1 of each subsequent year, the utility shall

submit to the Commission a report that includes any updates to

the plan, a schedule for the next calendar year, the

expenditures made for the prior calendar year and

cumulatively, and the number of full-time equivalent jobs

created for the prior calendar year and cumulatively. If the

utility is materially deficient in satisfying a schedule or

staffing plan, then the report must also include a corrective

action plan to address the deficiency. The fact that the plan,

implementation of the plan, or a schedule changes shall not

imply the imprudence or unreasonableness of the infrastructure

investment program, plan, or schedule. Further, no later than

45 days following the last day of the first, second, and third

quarters of each year of the plan, a participating utility

shall submit to the Commission a verified quarterly report for

the prior quarter that includes (i) the total number of

full-time equivalent jobs created during the prior quarter,

(ii) the total number of employees as of the last day of the

prior quarter, (iii) the total number of full-time equivalent

hours in each job classification or job title, (iv) the total

number of incremental employees and contractors in support of

the investments undertaken pursuant to this subsection (b) for

the prior quarter, and (v) any other information that the

Commission may require by rule.

With respect to the participating utility's peak job

commitment, if, after considering the utility's corrective

action plan and compliance thereunder, the Commission enters

an order finding, after notice and hearing, that a

participating utility did not satisfy its peak job commitment

described in this subsection (b) for reasons that are

reasonably within its control, then the Commission shall also

determine, after consideration of the evidence, including, but

not limited to, evidence submitted by the Department of

Commerce and Economic Opportunity and the utility, the

deficiency in the number of full-time equivalent jobs during

the peak program year due to such failure. The Commission

shall notify the Department of any proceeding that is

initiated pursuant to this paragraph. For each full-time

equivalent job deficiency during the peak program year that

the Commission finds as set forth in this paragraph, the

participating utility shall, within 30 days after the entry of

the Commission's order, pay $6,000 to a fund for training

grants administered under Section 605-800 of the Department of

Commerce and Economic Opportunity Law, which shall not be a

recoverable expense.

With respect to the participating utility's investment

amount commitments, if, after considering the utility's

corrective action plan and compliance thereunder, the

Commission enters an order finding, after notice and hearing,

that a participating utility is not satisfying its investment

amount commitments described in this subsection (b), then the

utility shall no longer be eligible to annually update the

performance-based formula rate tariff pursuant to subsection

(d) of this Section. In such event, the then current rates

shall remain in effect until such time as new rates are set

pursuant to Article IX of this Act, subject to retroactive

adjustment, with interest, to reconcile rates charged with

actual costs.

If the Commission finds that a participating utility is no

longer eligible to update the performance-based formula rate

tariff pursuant to subsection (d) of this Section, or the

performance-based formula rate is otherwise terminated, then

the participating utility's voluntary commitments and

obligations under this subsection (b) shall immediately

terminate, except for the utility's obligation to pay an

amount already owed to the fund for training grants pursuant

to a Commission order.

In meeting the obligations of this subsection (b), to the

extent feasible and consistent with State and federal law, the

investments under the infrastructure investment program should

provide employment opportunities for all segments of the

population and workforce, including minority-owned and

female-owned business enterprises, and shall not, consistent

with State and federal law, discriminate based on race or

socioeconomic status.

(b-5) Nothing in this Section shall prohibit the

Commission from investigating the prudence and reasonableness

of the expenditures made under the infrastructure investment

program during the annual review required by subsection (d) of

this Section and shall, as part of such investigation,

determine whether the utility's actual costs under the program

are prudent and reasonable. The fact that a participating

utility invests more than the minimum amounts specified in

subsection (b) of this Section or its plan shall not imply

imprudence or unreasonableness.

If the participating utility finds that it is implementing

its plan for satisfying the infrastructure investment program

commitments described in subsection (b) of this Section at a

cost below the estimated amounts specified in subsection (b)

of this Section, then the utility may file a petition with the

Commission requesting that it be permitted to satisfy its

commitments by spending less than the estimated amounts

specified in subsection (b) of this Section. The Commission

shall, after notice and hearing, enter its order approving, or

approving as modified, or denying each such petition within

150 days after the filing of the petition.

In no event, absent General Assembly approval, shall the

capital investment costs incurred by a participating utility

other than a combination utility in satisfying its

infrastructure investment program commitments described in

subsection (b) of this Section exceed $3,000,000,000 or, for a

participating utility that is a combination utility,

$720,000,000. If the participating utility's updated cost

estimates for satisfying its infrastructure investment program

commitments described in subsection (b) of this Section exceed

the limitation imposed by this subsection (b-5), then it shall

submit a report to the Commission that identifies the

increased costs and explains the reason or reasons for the

increased costs no later than the year in which the utility

estimates it will exceed the limitation. The Commission shall

review the report and shall, within 90 days after the

participating utility files the report, report to the General

Assembly its findings regarding the participating utility's

report. If the General Assembly does not amend the limitation

imposed by this subsection (b-5), then the utility may modify

its plan so as not to exceed the limitation imposed by this

subsection (b-5) and may propose corresponding changes to the

metrics established pursuant to subparagraphs (5) through (8)

of subsection (f) of this Section, and the Commission may

modify the metrics and incremental savings goals established

pursuant to subsection (f) of this Section accordingly.

(b-10) All participating utilities shall make

contributions for an energy low-income and support program in

accordance with this subsection. Beginning no later than 180

days after a participating utility files a performance-based

formula rate tariff pursuant to subsection (c) of this

Section, or beginning no later than January 1, 2012 if such

utility files such performance-based formula rate tariff

within 14 days of December 30, 2011 (the effective date of

Public Act 97-646), and without obtaining any approvals from

the Commission or any other agency other than as set forth in

this Section, regardless of whether any such approval would

otherwise be required, a participating utility other than a

combination utility shall pay $10,000,000 per year for 5 years

and a participating utility that is a combination utility

shall pay $1,000,000 per year for 10 years to the energy

low-income and support program, which is intended to fund

customer assistance programs with the primary purpose being

avoidance of imminent disconnection. Such programs may

include:

(1) a residential hardship program that may partner

with community-based organizations, including senior

citizen organizations, and provides grants to low-income

residential customers, including low-income senior

citizens, who demonstrate a hardship;

(2) a program that provides grants and other bill

payment concessions to veterans with disabilities who

demonstrate a hardship and members of the armed services

or reserve forces of the United States or members of the

Illinois National Guard who are on active duty pursuant to

an executive order of the President of the United States,

an act of the Congress of the United States, or an order of

the Governor and who demonstrate a hardship;

(3) a budget assistance program that provides tools

and education to low-income senior citizens to assist them

with obtaining information regarding energy usage and

effective means of managing energy costs;

(4) a non-residential special hardship program that

provides grants to non-residential customers such as small

businesses and non-profit organizations that demonstrate a

hardship, including those providing services to senior

citizen and low-income customers; and

(5) a performance-based assistance program that

provides grants to encourage residential customers to make

on-time payments by matching a portion of the customer's

payments or providing credits towards arrearages.

The payments made by a participating utility pursuant to

this subsection (b-10) shall not be a recoverable expense. A

participating utility may elect to fund either new or existing

customer assistance programs, including, but not limited to,

those that are administered by the utility.

Programs that use funds that are provided by a

participating utility to reduce utility bills may be

implemented through tariffs that are filed with and reviewed

by the Commission. If a utility elects to file tariffs with the

Commission to implement all or a portion of the programs,

those tariffs shall, regardless of the date actually filed, be

deemed accepted and approved, and shall become effective on

December 30, 2011 (the effective date of Public Act 97-646).

The participating utilities whose customers benefit from the

funds that are disbursed as contemplated in this Section shall

file annual reports documenting the disbursement of those

funds with the Commission. The Commission has the authority to

audit disbursement of the funds to ensure they were disbursed

consistently with this Section.

If the Commission finds that a participating utility is no

longer eligible to update the performance-based formula rate

tariff pursuant to subsection (d) of this Section, or the

performance-based formula rate is otherwise terminated, then

the participating utility's voluntary commitments and

obligations under this subsection (b-10) shall immediately

terminate.

(c) A participating utility may elect to recover its

delivery services costs through a performance-based formula

rate approved by the Commission, which shall specify the cost

components that form the basis of the rate charged to

customers with sufficient specificity to operate in a

standardized manner and be updated annually with transparent

information that reflects the utility's actual costs to be

recovered during the applicable rate year, which is the period

beginning with the first billing day of January and extending

through the last billing day of the following December. In the

event the utility recovers a portion of its costs through

automatic adjustment clause tariffs on October 26, 2011 (the

effective date of Public Act 97-616), the utility may elect to

continue to recover these costs through such tariffs, but then

these costs shall not be recovered through the

performance-based formula rate. In the event the participating

utility, prior to December 30, 2011 (the effective date of

Public Act 97-646), filed electric delivery services tariffs

with the Commission pursuant to Section 9-201 of this Act that

are related to the recovery of its electric delivery services

costs that are still pending on December 30, 2011 (the

effective date of Public Act 97-646), the participating

utility shall, at the time it files its performance-based

formula rate tariff with the Commission, also file a notice of

withdrawal with the Commission to withdraw the electric

delivery services tariffs previously filed pursuant to Section

9-201 of this Act. Upon receipt of such notice, the Commission

shall dismiss with prejudice any docket that had been

initiated to investigate the electric delivery services

tariffs filed pursuant to Section 9-201 of this Act, and such

tariffs and the record related thereto shall not be the

subject of any further hearing, investigation, or proceeding

of any kind related to rates for electric delivery services.

The performance-based formula rate shall be implemented

through a tariff filed with the Commission consistent with the

provisions of this subsection (c) that shall be applicable to

all delivery services customers. The Commission shall initiate

and conduct an investigation of the tariff in a manner

consistent with the provisions of this subsection (c) and the

provisions of Article IX of this Act to the extent they do not

conflict with this subsection (c). Except in the case where

the Commission finds, after notice and hearing, that a

participating utility is not satisfying its investment amount

commitments under subsection (b) of this Section, the

performance-based formula rate shall remain in effect at the

discretion of the utility. The performance-based formula rate

approved by the Commission shall do the following:

(1) Provide for the recovery of the utility's actual

costs of delivery services that are prudently incurred and

reasonable in amount consistent with Commission practice

and law. The sole fact that a cost differs from that

incurred in a prior calendar year or that an investment is

different from that made in a prior calendar year shall

not imply the imprudence or unreasonableness of that cost

or investment.

(2) Reflect the utility's actual year-end capital

structure for the applicable calendar year, excluding

goodwill, subject to a determination of prudence and

reasonableness consistent with Commission practice and

law. To enable the financing of the incremental capital

expenditures, including regulatory assets, for electric

utilities that serve less than 3,000,000 retail customers

but more than 500,000 retail customers in the State, a

participating electric utility's actual year-end capital

structure that includes a common equity ratio, excluding

goodwill, of up to and including 50% of the total capital

structure shall be deemed reasonable and used to set

rates.

(3) Include a cost of equity, which shall be

calculated as the sum of the following:

(A) the average for the applicable calendar year

of the monthly average yields of 30-year U.S. Treasury

bonds published by the Board of Governors of the

Federal Reserve System in its weekly H.15 Statistical

Release or successor publication; and

(B) 580 basis points.

At such time as the Board of Governors of the Federal

Reserve System ceases to include the monthly average

yields of 30-year U.S. Treasury bonds in its weekly H.15

Statistical Release or successor publication, the monthly

average yields of the U.S. Treasury bonds then having the

longest duration published by the Board of Governors in

its weekly H.15 Statistical Release or successor

publication shall instead be used for purposes of this

paragraph (3).

(4) Permit and set forth protocols, subject to a

determination of prudence and reasonableness consistent

with Commission practice and law, for the following:

(A) recovery of incentive compensation expense

that is based on the achievement of operational

metrics, including metrics related to budget controls,

outage duration and frequency, safety, customer

service, efficiency and productivity, and

environmental compliance. Incentive compensation

expense that is based on net income or an affiliate's

earnings per share shall not be recoverable under the

performance-based formula rate;

(B) recovery of pension and other post-employment

benefits expense, provided that such costs are

supported by an actuarial study;

(C) recovery of severance costs, provided that if

the amount is over $3,700,000 for a participating

utility that is a combination utility or $10,000,000

for a participating utility that serves more than 3

million retail customers, then the full amount shall

be amortized consistent with subparagraph (F) of this

paragraph (4);

(D) investment return at a rate equal to the

utility's weighted average cost of long-term debt, on

the pension assets as, and in the amount, reported in

Account 186 (or in such other Account or Accounts as

such asset may subsequently be recorded) of the

utility's most recently filed FERC Form 1, net of

deferred tax benefits;

(E) recovery of the expenses related to the

Commission proceeding under this subsection (c) to

approve this performance-based formula rate and

initial rates or to subsequent proceedings related to

the formula, provided that the recovery shall be

amortized over a 3-year period; recovery of expenses

related to the annual Commission proceedings under

subsection (d) of this Section to review the inputs to

the performance-based formula rate shall be expensed

and recovered through the performance-based formula

rate;

(F) amortization over a 5-year period of the full

amount of each charge or credit that exceeds

$3,700,000 for a participating utility that is a

combination utility or $10,000,000 for a participating

utility that serves more than 3 million retail

customers in the applicable calendar year and that

relates to a workforce reduction program's severance

costs, changes in accounting rules, changes in law,

compliance with any Commission-initiated audit, or a

single storm or other similar expense, provided that

any unamortized balance shall be reflected in the rate

base. For purposes of this subparagraph (F), changes

in law includes any enactment, repeal, or amendment in

a law, ordinance, rule, regulation, interpretation,

permit, license, consent, or order, including those

relating to taxes, accounting, or to environmental

matters, or in the interpretation or application

thereof by any governmental authority occurring after

October 26, 2011 (the effective date of Public Act

97-616);

(G) recovery of existing regulatory assets over

the periods previously authorized by the Commission;

(H) historical weather normalized billing

determinants; and

(I) allocation methods for common costs.

(5) Provide that if the participating utility's earned

rate of return on common equity related to the provision

of delivery services for the prior rate year (calculated

using costs and capital structure approved by the

Commission as provided in subparagraph (2) of this

subsection (c), consistent with this Section, in

accordance with Commission rules and orders, including,

but not limited to, adjustments for goodwill, and after

any Commission-ordered disallowances and taxes) is more

than 50 basis points higher than the rate of return on

common equity calculated pursuant to paragraph (3) of this

subsection (c) (after adjusting for any penalties to the

rate of return on common equity applied pursuant to the

performance metrics provision of subsection (f) of this

Section), then the participating utility shall apply a

credit through the performance-based formula rate that

reflects an amount equal to the value of that portion of

the earned rate of return on common equity that is more

than 50 basis points higher than the rate of return on

common equity calculated pursuant to paragraph (3) of this

subsection (c) (after adjusting for any penalties to the

rate of return on common equity applied pursuant to the

performance metrics provision of subsection (f) of this

Section) for the prior rate year, adjusted for taxes. If

the participating utility's earned rate of return on

common equity related to the provision of delivery

services for the prior rate year (calculated using costs

and capital structure approved by the Commission as

provided in subparagraph (2) of this subsection (c),

consistent with this Section, in accordance with

Commission rules and orders, including, but not limited

to, adjustments for goodwill, and after any

Commission-ordered disallowances and taxes) is more than

50 basis points less than the return on common equity

calculated pursuant to paragraph (3) of this subsection

(c) (after adjusting for any penalties to the rate of

return on common equity applied pursuant to the

performance metrics provision of subsection (f) of this

Section), then the participating utility shall apply a

charge through the performance-based formula rate that

reflects an amount equal to the value of that portion of

the earned rate of return on common equity that is more

than 50 basis points less than the rate of return on common

equity calculated pursuant to paragraph (3) of this

subsection (c) (after adjusting for any penalties to the

rate of return on common equity applied pursuant to the

performance metrics provision of subsection (f) of this

Section) for the prior rate year, adjusted for taxes.

(6) Provide for an annual reconciliation, as described

in subsection (d) of this Section, with interest, of the

revenue requirement reflected in rates for each calendar

year, beginning with the calendar year in which the

utility files its performance-based formula rate tariff

pursuant to subsection (c) of this Section, with what the

revenue requirement would have been had the actual cost

information for the applicable calendar year been

available at the filing date.

The utility shall file, together with its tariff, final

data based on its most recently filed FERC Form 1, plus

projected plant additions and correspondingly updated

depreciation reserve and expense for the calendar year in

which the tariff and data are filed, that shall populate the

performance-based formula rate and set the initial delivery

services rates under the formula. For purposes of this

Section, "FERC Form 1" means the Annual Report of Major

Electric Utilities, Licensees and Others that electric

utilities are required to file with the Federal Energy

Regulatory Commission under the Federal Power Act, Sections 3,

4(a), 304 and 209, modified as necessary to be consistent with

83 Ill. Adm. Admin. Code Part 415 as of May 1, 2011. Nothing in

this Section is intended to allow costs that are not otherwise

recoverable to be recoverable by virtue of inclusion in FERC

Form 1.

After the utility files its proposed performance-based

formula rate structure and protocols and initial rates, the

Commission shall initiate a docket to review the filing. The

Commission shall enter an order approving, or approving as

modified, the performance-based formula rate, including the

initial rates, as just and reasonable within 270 days after

the date on which the tariff was filed, or, if the tariff is

filed within 14 days after October 26, 2011 (the effective

date of Public Act 97-616), then by May 31, 2012. Such review

shall be based on the same evidentiary standards, including,

but not limited to, those concerning the prudence and

reasonableness of the costs incurred by the utility, the

Commission applies in a hearing to review a filing for a

general increase in rates under Article IX of this Act. The

initial rates shall take effect within 30 days after the

Commission's order approving the performance-based formula

rate tariff.

Until such time as the Commission approves a different

rate design and cost allocation pursuant to subsection (e) of

this Section, rate design and cost allocation across customer

classes shall be consistent with the Commission's most recent

order regarding the participating utility's request for a

general increase in its delivery services rates.

Subsequent changes to the performance-based formula rate

structure or protocols shall be made as set forth in Section

9-201 of this Act, but nothing in this subsection (c) is

intended to limit the Commission's authority under Article IX

and other provisions of this Act to initiate an investigation

of a participating utility's performance-based formula rate

tariff, provided that any such changes shall be consistent

with paragraphs (1) through (6) of this subsection (c). Any

change ordered by the Commission shall be made at the same time

new rates take effect following the Commission's next order

pursuant to subsection (d) of this Section, provided that the

new rates take effect no less than 30 days after the date on

which the Commission issues an order adopting the change.

A participating utility that files a tariff pursuant to

this subsection (c) must submit a one-time $200,000 filing fee

at the time the Chief Clerk of the Commission accepts the

filing, which shall be a recoverable expense.

In the event the performance-based formula rate is

terminated, the then current rates shall remain in effect

until such time as new rates are set pursuant to Article IX of

this Act, subject to retroactive rate adjustment, with

interest, to reconcile rates charged with actual costs. At

such time that the performance-based formula rate is

terminated, the participating utility's voluntary commitments

and obligations under subsection (b) of this Section shall

immediately terminate, except for the utility's obligation to

pay an amount already owed to the fund for training grants

pursuant to a Commission order issued under subsection (b) of

this Section.

(d) Subsequent to the Commission's issuance of an order

approving the utility's performance-based formula rate

structure and protocols, and initial rates under subsection

(c) of this Section, the utility shall file, on or before May 1

of each year, with the Chief Clerk of the Commission its

updated cost inputs to the performance-based formula rate for

the applicable rate year and the corresponding new charges.

Each such filing shall conform to the following requirements

and include the following information:

(1) The inputs to the performance-based formula rate

for the applicable rate year shall be based on final

historical data reflected in the utility's most recently

filed annual FERC Form 1 plus projected plant additions

and correspondingly updated depreciation reserve and

expense for the calendar year in which the inputs are

filed. The filing shall also include a reconciliation of

the revenue requirement that was in effect for the prior

rate year (as set by the cost inputs for the prior rate

year) with the actual revenue requirement for the prior

rate year (determined using a year-end rate base) that

uses amounts reflected in the applicable FERC Form 1 that

reports the actual costs for the prior rate year. Any

over-collection or under-collection indicated by such

reconciliation shall be reflected as a credit against, or

recovered as an additional charge to, respectively, with

interest calculated at a rate equal to the utility's

weighted average cost of capital approved by the

Commission for the prior rate year, the charges for the

applicable rate year. Provided, however, that the first

such reconciliation shall be for the calendar year in

which the utility files its performance-based formula rate

tariff pursuant to subsection (c) of this Section and

shall reconcile (i) the revenue requirement or

requirements established by the rate order or orders in

effect from time to time during such calendar year

(weighted, as applicable) with (ii) the revenue

requirement determined using a year-end rate base for that

calendar year calculated pursuant to the performance-based

formula rate using (A) actual costs for that year as

reflected in the applicable FERC Form 1, and (B) for the

first such reconciliation only, the cost of equity, which

shall be calculated as the sum of 590 basis points plus the

average for the applicable calendar year of the monthly

average yields of 30-year U.S. Treasury bonds published by

the Board of Governors of the Federal Reserve System in

its weekly H.15 Statistical Release or successor

publication. The first such reconciliation is not intended

to provide for the recovery of costs previously excluded

from rates based on a prior Commission order finding of

imprudence or unreasonableness. Each reconciliation shall

be certified by the participating utility in the same

manner that FERC Form 1 is certified. The filing shall

also include the charge or credit, if any, resulting from

the calculation required by paragraph (6) of subsection

(c) of this Section.

Notwithstanding anything that may be to the contrary,

the intent of the reconciliation is to ultimately

reconcile the revenue requirement reflected in rates for

each calendar year, beginning with the calendar year in

which the utility files its performance-based formula rate

tariff pursuant to subsection (c) of this Section, with

what the revenue requirement determined using a year-end

rate base for the applicable calendar year would have been

had the actual cost information for the applicable

calendar year been available at the filing date.

(2) The new charges shall take effect beginning on the

first billing day of the following January billing period

and remain in effect through the last billing day of the

next December billing period regardless of whether the

Commission enters upon a hearing pursuant to this

subsection (d).

(3) The filing shall include relevant and necessary

data and documentation for the applicable rate year that

is consistent with the Commission's rules applicable to a

filing for a general increase in rates or any rules

adopted by the Commission to implement this Section.

Normalization adjustments shall not be required.

Notwithstanding any other provision of this Section or Act

or any rule or other requirement adopted by the

Commission, a participating utility that is a combination

utility with more than one rate zone shall not be required

to file a separate set of such data and documentation for

each rate zone and may combine such data and documentation

into a single set of schedules.

Within 45 days after the utility files its annual update

of cost inputs to the performance-based formula rate, the

Commission shall have the authority, either upon complaint or

its own initiative, but with reasonable notice, to enter upon

a hearing concerning the prudence and reasonableness of the

costs incurred by the utility to be recovered during the

applicable rate year that are reflected in the inputs to the

performance-based formula rate derived from the utility's FERC

Form 1. During the course of the hearing, each objection shall

be stated with particularity and evidence provided in support

thereof, after which the utility shall have the opportunity to

rebut the evidence. Discovery shall be allowed consistent with

the Commission's Rules of Practice, which Rules shall be

enforced by the Commission or the assigned administrative law

judge. The Commission shall apply the same evidentiary

standards, including, but not limited to, those concerning the

prudence and reasonableness of the costs incurred by the

utility, in the hearing as it would apply in a hearing to

review a filing for a general increase in rates under Article

IX of this Act. The Commission shall not, however, have the

authority in a proceeding under this subsection (d) to

consider or order any changes to the structure or protocols of

the performance-based formula rate approved pursuant to

subsection (c) of this Section. In a proceeding under this

subsection (d), the Commission shall enter its order no later

than the earlier of 240 days after the utility's filing of its

annual update of cost inputs to the performance-based formula

rate or December 31. The Commission's determinations of the

prudence and reasonableness of the costs incurred for the

applicable calendar year shall be final upon entry of the

Commission's order and shall not be subject to reopening,

reexamination, or collateral attack in any other Commission

proceeding, case, docket, order, rule or regulation, provided,

however, that nothing in this subsection (d) shall prohibit a

party from petitioning the Commission to rehear or appeal to

the courts the order pursuant to the provisions of this Act.

In the event the Commission does not, either upon

complaint or its own initiative, enter upon a hearing within

45 days after the utility files the annual update of cost

inputs to its performance-based formula rate, then the costs

incurred for the applicable calendar year shall be deemed

prudent and reasonable, and the filed charges shall not be

subject to reopening, reexamination, or collateral attack in

any other proceeding, case, docket, order, rule, or

regulation.

A participating utility's first filing of the updated cost

inputs, and any Commission investigation of such inputs

pursuant to this subsection (d) shall proceed notwithstanding

the fact that the Commission's investigation under subsection

(c) of this Section is still pending and notwithstanding any

other law, order, rule, or Commission practice to the

contrary.

(e) Nothing in subsections (c) or (d) of this Section

shall prohibit the Commission from investigating, or a

participating utility from filing, revenue-neutral tariff

changes related to rate design of a performance-based formula

rate that has been placed into effect for the utility.

Following approval of a participating utility's

performance-based formula rate tariff pursuant to subsection

(c) of this Section, the utility shall make a filing with the

Commission within one year after the effective date of the

performance-based formula rate tariff that proposes changes to

the tariff to incorporate the findings of any final rate

design orders of the Commission applicable to the

participating utility and entered subsequent to the

Commission's approval of the tariff. The Commission shall,

after notice and hearing, enter its order approving, or

approving with modification, the proposed changes to the

performance-based formula rate tariff within 240 days after

the utility's filing. Following such approval, the utility

shall make a filing with the Commission during each subsequent

3-year period that either proposes revenue-neutral tariff

changes or re-files the existing tariffs without change, which

shall present the Commission with an opportunity to suspend

the tariffs and consider revenue-neutral tariff changes

related to rate design.

(f) Within 30 days after the filing of a tariff pursuant to

subsection (c) of this Section, each participating utility

shall develop and file with the Commission multi-year metrics

designed to achieve, ratably (i.e., in equal segments) over a

10-year period, improvement over baseline performance values

as follows:

(1) Twenty percent improvement in the System Average

Interruption Frequency Index, using a baseline of the

average of the data from 2001 through 2010.

(2) Fifteen percent improvement in the system Customer

Average Interruption Duration Index, using a baseline of

the average of the data from 2001 through 2010.

(3) For a participating utility other than a

combination utility, 20% improvement in the System Average

Interruption Frequency Index for its Southern Region,

using a baseline of the average of the data from 2001

through 2010. For purposes of this paragraph (3), Southern

Region shall have the meaning set forth in the

participating utility's most recent report filed pursuant

to Section 16-125 of this Act.

(3.5) For a participating utility other than a

combination utility, 20% improvement in the System Average

Interruption Frequency Index for its Northeastern Region,

using a baseline of the average of the data from 2001

through 2010. For purposes of this paragraph (3.5),

Northeastern Region shall have the meaning set forth in

the participating utility's most recent report filed

pursuant to Section 16-125 of this Act.

(4) Seventy-five percent improvement in the total

number of customers who exceed the service reliability

targets as set forth in subparagraphs (A) through (C) of

paragraph (4) of subsection (b) of 83 Ill. Adm. Admin.

Code Part 411.140 as of May 1, 2011, using 2010 as the

baseline year.

(5) Reduction in issuance of estimated electric bills:

90% improvement for a participating utility other than a

combination utility, and 56% improvement for a

participating utility that is a combination utility, using

a baseline of the average number of estimated bills for

the years 2008 through 2010.

(6) Consumption on inactive meters: 90% improvement

for a participating utility other than a combination

utility, and 56% improvement for a participating utility

that is a combination utility, using a baseline of the

average unbilled kilowatthours for the years 2009 and

2010.

(7) Unaccounted for energy: 50% improvement for a

participating utility other than a combination utility

using a baseline of the non-technical line loss

unaccounted for energy kilowatthours for the year 2009.

(8) Uncollectible expense: reduce uncollectible

expense by at least $30,000,000 for a participating

utility other than a combination utility and by at least

$3,500,000 for a participating utility that is a

combination utility, using a baseline of the average

uncollectible expense for the years 2008 through 2010.

(9) Opportunities for minority-owned and female-owned

business enterprises: design a performance metric

regarding the creation of opportunities for minority-owned

and female-owned business enterprises consistent with

State and federal law using a base performance value of

the percentage of the participating utility's capital

expenditures that were paid to minority-owned and

female-owned business enterprises in 2010.

The definitions set forth in 83 Ill. Adm. Admin. Code Part

411.20 as of May 1, 2011 shall be used for purposes of

calculating performance under paragraphs (1) through (3.5) of

this subsection (f), provided, however, that the participating

utility may exclude up to 9 extreme weather event days from

such calculation for each year, and provided further that the

participating utility shall exclude 9 extreme weather event

days when calculating each year of the baseline period to the

extent that there are 9 such days in a given year of the

baseline period. For purposes of this Section, an extreme

weather event day is a 24-hour calendar day (beginning at

12:00 a.m. and ending at 11:59 p.m.) during which any weather

event (e.g., storm, tornado) caused interruptions for 10,000

or more of the participating utility's customers for 3 hours

or more. If there are more than 9 extreme weather event days in

a year, then the utility may choose no more than 9 extreme

weather event days to exclude, provided that the same extreme

weather event days are excluded from each of the calculations

performed under paragraphs (1) through (3.5) of this

subsection (f).

The metrics shall include incremental performance goals

for each year of the 10-year period, which shall be designed to

demonstrate that the utility is on track to achieve the

performance goal in each category at the end of the 10-year

period. The utility shall elect when the 10-year period shall

commence for the metrics set forth in subparagraphs (1)

through (4) and (9) of this subsection (f), provided that it

begins no later than 14 months following the date on which the

utility begins investing pursuant to subsection (b) of this

Section, and when the 10-year period shall commence for the

metrics set forth in subparagraphs (5) through (8) of this

subsection (f), provided that it begins no later than 14

months following the date on which the Commission enters its

order approving the utility's Advanced Metering Infrastructure

Deployment Plan pursuant to subsection (c) of Section 16-108.6

of this Act.

The metrics and performance goals set forth in

subparagraphs (5) through (8) of this subsection (f) are based

on the assumptions that the participating utility may fully

implement the technology described in subsection (b) of this

Section, including utilizing the full functionality of such

technology and that there is no requirement for personal

on-site notification. If the utility is unable to meet the

metrics and performance goals set forth in subparagraphs (5)

through (8) of this subsection (f) for such reasons, and the

Commission so finds after notice and hearing, then the utility

shall be excused from compliance, but only to the limited

extent achievement of the affected metrics and performance

goals was hindered by the less than full implementation.

(f-5) The financial penalties applicable to the metrics

described in subparagraphs (1) through (8) of subsection (f)

of this Section, as applicable, shall be applied through an

adjustment to the participating utility's return on equity of

no more than a total of 30 basis points in each of the first 3

years, of no more than a total of 34 basis points in each of

the 3 years thereafter, and of no more than a total of 38 basis

points in each of the 4 years thereafter, as follows:

(1) With respect to each of the incremental annual

performance goals established pursuant to paragraph (1) of

subsection (f) of this Section,

(A) for each year that a participating utility

other than a combination utility does not achieve the

annual goal, the participating utility's return on

equity shall be reduced as follows: during years 1

through 3, by 5 basis points; during years 4 through 6,

by 6 basis points; and during years 7 through 10, by 7

basis points; and

(B) for each year that a participating utility

that is a combination utility does not achieve the

annual goal, the participating utility's return on

equity shall be reduced as follows: during years 1

through 3, by 10 basis points; during years 4 through

6, by 12 basis points; and during years 7 through 10,

by 14 basis points.

(2) With respect to each of the incremental annual

performance goals established pursuant to paragraph (2) of

subsection (f) of this Section, for each year that the

participating utility does not achieve each such goal, the

participating utility's return on equity shall be reduced

as follows: during years 1 through 3, by 5 basis points;

during years 4 through 6, by 6 basis points; and during

years 7 through 10, by 7 basis points.

(3) With respect to each of the incremental annual

performance goals established pursuant to paragraphs (3)

and (3.5) of subsection (f) of this Section, for each year

that a participating utility other than a combination

utility does not achieve both such goals, the

participating utility's return on equity shall be reduced

as follows: during years 1 through 3, by 5 basis points;

during years 4 through 6, by 6 basis points; and during

years 7 through 10, by 7 basis points.

(4) With respect to each of the incremental annual

performance goals established pursuant to paragraph (4) of

subsection (f) of this Section, for each year that the

participating utility does not achieve each such goal, the

participating utility's return on equity shall be reduced

as follows: during years 1 through 3, by 5 basis points;

during years 4 through 6, by 6 basis points; and during

years 7 through 10, by 7 basis points.

(5) With respect to each of the incremental annual

performance goals established pursuant to subparagraph (5)

of subsection (f) of this Section, for each year that the

participating utility does not achieve at least 95% of

each such goal, the participating utility's return on

equity shall be reduced by 5 basis points for each such

unachieved goal.

(6) With respect to each of the incremental annual

performance goals established pursuant to paragraphs (6),

(7), and (8) of subsection (f) of this Section, as

applicable, which together measure non-operational

customer savings and benefits relating to the

implementation of the Advanced Metering Infrastructure

Deployment Plan, as defined in Section 16-108.6 of this

Act, the performance under each such goal shall be

calculated in terms of the percentage of the goal

achieved. The percentage of goal achieved for each of the

goals shall be aggregated, and an average percentage value

calculated, for each year of the 10-year period. If the

utility does not achieve an average percentage value in a

given year of at least 95%, the participating utility's

return on equity shall be reduced by 5 basis points.

The financial penalties shall be applied as described in

this subsection (f-5) for the 12-month period in which the

deficiency occurred through a separate tariff mechanism, which

shall be filed by the utility together with its metrics. In the

event the formula rate tariff established pursuant to

subsection (c) of this Section terminates, the utility's

obligations under subsection (f) of this Section and this

subsection (f-5) shall also terminate, provided, however, that

the tariff mechanism established pursuant to subsection (f) of

this Section and this subsection (f-5) shall remain in effect

until any penalties due and owing at the time of such

termination are applied.

The Commission shall, after notice and hearing, enter an

order within 120 days after the metrics are filed approving,

or approving with modification, a participating utility's

tariff or mechanism to satisfy the metrics set forth in

subsection (f) of this Section. On June 1 of each subsequent

year, each participating utility shall file a report with the

Commission that includes, among other things, a description of

how the participating utility performed under each metric and

an identification of any extraordinary events that adversely

impacted the utility's performance. Whenever a participating

utility does not satisfy the metrics required pursuant to

subsection (f) of this Section, the Commission shall, after

notice and hearing, enter an order approving financial

penalties in accordance with this subsection (f-5). The

Commission-approved financial penalties shall be applied

beginning with the next rate year. Nothing in this Section

shall authorize the Commission to reduce or otherwise obviate

the imposition of financial penalties for failing to achieve

one or more of the metrics established pursuant to

subparagraphs subparagraph (1) through (4) of subsection (f)

of this Section.

(g) On or before July 31, 2014, each participating utility

shall file a report with the Commission that sets forth the

average annual increase in the average amount paid per

kilowatthour for residential eligible retail customers,

exclusive of the effects of energy efficiency programs,

comparing the 12-month period ending May 31, 2012; the

12-month period ending May 31, 2013; and the 12-month period

ending May 31, 2014. For a participating utility that is a

combination utility with more than one rate zone, the weighted

average aggregate increase shall be provided. The report shall

be filed together with a statement from an independent auditor

attesting to the accuracy of the report. The cost of the

independent auditor shall be borne by the participating

utility and shall not be a recoverable expense. "The average

amount paid per kilowatthour" shall be based on the

participating utility's tariffed rates actually in effect and

shall not be calculated using any hypothetical rate or

adjustments to actual charges (other than as specified for

energy efficiency) as an input.

In the event that the average annual increase exceeds 2.5%

as calculated pursuant to this subsection (g), then Sections

16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other

than this subsection, shall be inoperative as they relate to

the utility and its service area as of the date of the report

due to be submitted pursuant to this subsection and the

utility shall no longer be eligible to annually update the

performance-based formula rate tariff pursuant to subsection

(d) of this Section. In such event, the then current rates

shall remain in effect until such time as new rates are set

pursuant to Article IX of this Act, subject to retroactive

adjustment, with interest, to reconcile rates charged with

actual costs, and the participating utility's voluntary

commitments and obligations under subsection (b) of this

Section shall immediately terminate, except for the utility's

obligation to pay an amount already owed to the fund for

training grants pursuant to a Commission order issued under

subsection (b) of this Section.

In the event that the average annual increase is 2.5% or

less as calculated pursuant to this subsection (g), then the

performance-based formula rate shall remain in effect as set

forth in this Section.

For purposes of this Section, the amount per kilowatthour

means the total amount paid for electric service expressed on

a per kilowatthour basis, and the total amount paid for

electric service includes without limitation amounts paid for

supply, transmission, distribution, surcharges, and add-on

taxes exclusive of any increases in taxes or new taxes imposed

after October 26, 2011 (the effective date of Public Act

97-616). For purposes of this Section, "eligible retail

customers" shall have the meaning set forth in Section

16-111.5 of this Act.

The fact that this Section becomes inoperative as set

forth in this subsection shall not be construed to mean that

the Commission may reexamine or otherwise reopen prudence or

reasonableness determinations already made.

(h) By December 31, 2017, the Commission shall prepare and

file with the General Assembly a report on the infrastructure

program and the performance-based formula rate. The report

shall include the change in the average amount per

kilowatthour paid by residential customers between June 1,

2011 and May 31, 2017. If the change in the total average rate

paid exceeds 2.5% compounded annually, the Commission shall

include in the report an analysis that shows the portion of the

change due to the delivery services component and the portion

of the change due to the supply component of the rate. The

report shall include separate sections for each participating

utility.

Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of

this Act, other than this subsection (h) and subsection (i) of

this Section, are inoperative after December 31, 2022 for

every participating utility, after which time a participating

utility shall no longer be eligible to annually update the

performance-based formula rate tariff pursuant to subsection

(d) of this Section. At such time, the then current rates shall

remain in effect until such time as new rates are set pursuant

to Article IX of this Act, subject to retroactive adjustment,

with interest, to reconcile rates charged with actual costs.

The fact that this Section becomes inoperative as set

forth in this subsection shall not be construed to mean that

the Commission may reexamine or otherwise reopen prudence or

reasonableness determinations already made.

(i) While a participating utility may use, develop, and

maintain broadband systems and the delivery of broadband

services, voice-over-internet-protocol services,

telecommunications services, and cable and video programming

services for use in providing delivery services and Smart Grid

functionality or application to its retail customers,

including, but not limited to, the installation,

implementation and maintenance of Smart Grid electric system

upgrades as defined in Section 16-108.6 of this Act, a

participating utility is prohibited from providing to its

retail customers broadband services,

voice-over-internet-protocol services, telecommunications

services, or cable or video programming services, unless they

are part of a service directly related to delivery services or

Smart Grid functionality or applications as defined in Section

16-108.6 of this Act, and from recovering the costs of such

offerings from retail customers. The prohibition set forth in

this subsection (i) is inoperative after December 31, 2027 for

every participating utility.

(j) Nothing in this Section is intended to legislatively

overturn the opinion issued in Commonwealth Edison Co. v. Ill.

Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,

1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.

Ct. 2d Dist. Sept. 30, 2010). Public Act 97-616 shall not be

construed as creating a contract between the General Assembly

and the participating utility, and shall not establish a

property right in the participating utility.

(k) The changes made in subsections (c) and (d) of this

Section by Public Act 98-15 are intended to be a restatement

and clarification of existing law, and intended to give

binding effect to the provisions of House Resolution 1157

adopted by the House of Representatives of the 97th General

Assembly and Senate Resolution 821 adopted by the Senate of

the 97th General Assembly that are reflected in paragraph (3)

of this subsection. In addition, Public Act 98-15 preempts and

supersedes any final Commission orders entered in Docket Nos.

11-0721, 12-0001, 12-0293, and 12-0321 to the extent

inconsistent with the amendatory language added to subsections

(c) and (d).

(1) No earlier than 5 business days after May 22, 2013

(the effective date of Public Act 98-15), each

participating utility shall file any tariff changes

necessary to implement the amendatory language set forth

in subsections (c) and (d) of this Section by Public Act

98-15 and a revised revenue requirement under the

participating utility's performance-based formula rate.

The Commission shall enter a final order approving such

tariff changes and revised revenue requirement within 21

days after the participating utility's filing.

(2) Notwithstanding anything that may be to the

contrary, a participating utility may file a tariff to

retroactively recover its previously unrecovered actual

costs of delivery service that are no longer subject to

recovery through a reconciliation adjustment under

subsection (d) of this Section. This retroactive recovery

shall include any derivative adjustments resulting from

the changes to subsections (c) and (d) of this Section by

Public Act 98-15. Such tariff shall allow the utility to

assess, on current customer bills over a period of 12

monthly billing periods, a charge or credit related to

those unrecovered costs with interest at the utility's

weighted average cost of capital during the period in

which those costs were unrecovered. A participating

utility may file a tariff that implements a retroactive

charge or credit as described in this paragraph for

amounts not otherwise included in the tariff filing

provided for in paragraph (1) of this subsection (k). The

Commission shall enter a final order approving such tariff

within 21 days after the participating utility's filing.

(3) The tariff changes described in paragraphs (1) and

(2) of this subsection (k) shall relate only to, and be

consistent with, the following provisions of Public Act

98-15: paragraph (2) of subsection (c) regarding year-end

capital structure, subparagraph (D) of paragraph (4) of

subsection (c) regarding pension assets, and subsection

(d) regarding the reconciliation components related to

year-end rate base and interest calculated at a rate equal

to the utility's weighted average cost of capital.

(4) Nothing in this subsection is intended to effect a

dismissal of or otherwise affect an appeal from any final

Commission orders entered in Docket Nos. 11-0721, 12-0001,

12-0293, and 12-0321 other than to the extent of the

amendatory language contained in subsections (c) and (d)

of this Section of Public Act 98-15.

(l) Each participating utility shall be deemed to have

been in full compliance with all requirements of subsection

(b) of this Section, subsection (c) of this Section, Section

16-108.6 of this Act, and all Commission orders entered

pursuant to Sections 16-108.5 and 16-108.6 of this Act, up to

and including May 22, 2013 (the effective date of Public Act

98-15). The Commission shall not undertake any investigation

of such compliance and no penalty shall be assessed or adverse

action taken against a participating utility for noncompliance

with Commission orders associated with subsection (b) of this

Section, subsection (c) of this Section, and Section 16-108.6

of this Act prior to such date. Each participating utility

other than a combination utility shall be permitted, without

penalty, a period of 12 months after such effective date to

take actions required to ensure its infrastructure investment

program is in compliance with subsection (b) of this Section

and with Section 16-108.6 of this Act. Provided further, the

following subparagraphs shall apply to a participating utility

other than a combination utility:

(A) if the Commission has initiated a proceeding

pursuant to subsection (e) of Section 16-108.6 of this Act

that is pending as of May 22, 2013 (the effective date of

Public Act 98-15), then the order entered in such

proceeding shall, after notice and hearing, accelerate the

commencement of the meter deployment schedule approved in

the final Commission order on rehearing entered in Docket

No. 12-0298;

(B) if the Commission has entered an order pursuant to

subsection (e) of Section 16-108.6 of this Act prior to

May 22, 2013 (the effective date of Public Act 98-15) that

does not accelerate the commencement of the meter

deployment schedule approved in the final Commission order

on rehearing entered in Docket No. 12-0298, then the

utility shall file with the Commission, within 45 days

after such effective date, a plan for accelerating the

commencement of the utility's meter deployment schedule

approved in the final Commission order on rehearing

entered in Docket No. 12-0298; the Commission shall reopen

the proceeding in which it entered its order pursuant to

subsection (e) of Section 16-108.6 of this Act and shall,

after notice and hearing, enter an amendatory order that

approves or approves as modified such accelerated plan

within 90 days after the utility's filing; or

(C) if the Commission has not initiated a proceeding

pursuant to subsection (e) of Section 16-108.6 of this Act

prior to May 22, 2013 (the effective date of Public Act

98-15), then the utility shall file with the Commission,

within 45 days after such effective date, a plan for

accelerating the commencement of the utility's meter

deployment schedule approved in the final Commission order

on rehearing entered in Docket No. 12-0298 and the

Commission shall, after notice and hearing, approve or

approve as modified such plan within 90 days after the

utility's filing.

Any schedule for meter deployment approved by the

Commission pursuant to this subsection (l) shall take into

consideration procurement times for meters and other equipment

and operational issues. Nothing in Public Act 98-15 shall

shorten or extend the end dates for the 5-year or 10-year

periods set forth in subsection (b) of this Section or Section

16-108.6 of this Act. Nothing in this subsection is intended

to address whether a participating utility has, or has not,

satisfied any or all of the metrics and performance goals

established pursuant to subsection (f) of this Section.

(m) The provisions of Public Act 98-15 are severable under

Section 1.31 of the Statute on Statutes.

(Source: P.A. 102-1031, eff. 5-27-22; revised 8-22-22.)

Section 460. The Broadband Advisory Council Act is amended

by changing Section 15 as follows:

(220 ILCS 80/15)

Sec. 15. Broadband Advisory Council; members of Council;

administrative support.

(a) The Broadband Advisory Council is hereby established.

The Department of Commerce and Economic Opportunity shall

house the Council and provide administrative, personnel, and

technical support services.

(b) The Council shall consist of the following 25 voting

members:

(1) the Director of Commerce and Economic Opportunity

or his or her designee, who shall serve as chair of the

Council;

(2) the Secretary of Innovation and Technology or his

or her designee;

(3) the Director of Aging or his or her designee;

(4) the Attorney General or his or her designee;

(5) the Chairman of the Illinois Commerce Commission

or his or her designee;

(6) one member appointed by the Director of Healthcare

and Family Services to represent the needs of disabled

citizens;

(7) one member appointed by the Director of Commerce

and Economic Opportunity and nominated by the president of

a statewide organization representing electric

cooperatives;

(8) one member appointed by the Director of Commerce

and Economic Opportunity and nominated by the executive

director of a statewide organization representing

municipalities;

(9) one member appointed by the Director of Commerce

and Economic Opportunity and nominated by the president of

a statewide organization representing libraries;

(10) one member appointed by the Director of Commerce

and Economic Opportunity and nominated by the president of

a statewide organization representing public housing

authorities;

(11) one member appointed by the Chair of the Illinois

Community College Board;

(12) one member appointed by the Chair of the Illinois

Board of Higher Education; and

(13) one member appointed by the Director of Commerce

and Economic Opportunity and nominated by the president of

the State's largest general farm organization;

(14) one member appointed by the Director of Aging and

nominated by an organization representing Illinois' senior

population with a membership of at least 1,500,000;

(15) seven members to represent broadband providers

for 3-year terms appointed by the Governor as follows:

(A) one member representing an incumbent local

exchange carrier that serves rural areas;

(B) one member representing an incumbent local

exchange carrier that serves urban areas;

(C) one member representing wireless carriers that

offer broadband Internet access;

(D) one member representing cable companies that

serve Illinois;

(E) one member representing a statewide rural

broadband association;

(F) one member representing a telecommunications

carrier issued a certificate of public convenience and

necessity or a certificate of service authority from

the Illinois Commerce Commission, whose principal

place of business is located in east central Illinois

and who is engaged in providing broadband access in

rural areas through the installation of broadband

lines that connect telecommunications facilities to

other telecommunications facilities or to end-users;

and

(G) one member representing satellite providers;

and

(16) four members to represent underrepresented and

ethnically diverse communities for 3-year terms appointed

by the Governor as follows:

(A) one member from a community-based organization

representing the interests of African-American or

Black individuals;

(B) one member from a community-based organization

representing the interests of Hispanic or Latino

individuals;

(C) one member from a community-based organization

representing the interests of Asian-American or

Pacific Islander individuals; and

(D) one member from a community-based organization

representing the interests of ethnically diverse

individuals.

(c) In addition to the 25 voting members of the Council,

the President of the Senate, the Minority Leader of the

Senate, the Speaker of the House of Representatives, and the

Minority Leader of the House of Representatives shall each

appoint one non-voting member of the Council.

(d) All voting and non-voting members must be appointed

within 90 days after the effective date of this Act.

(e) The members shall select a vice chair from their

number. In the absence of the chair, the vice chair shall serve

as chair. The Council shall appoint a secretary-treasurer who

need not be a member of the Council and who, among other tasks

or functions designated by the Council, shall keep records of

its proceedings.

(f) The Council may appoint working groups to investigate

and make recommendations to the full Council. Members of these

working groups need not be members of the Council.

(g) Nine voting members of the Council constitute a

quorum, and the affirmative vote of a simple majority of those

members present is necessary for any action taken by vote of

the Council.

(h) The Council shall conduct its first meeting within 30

days after all members have been appointed. The Council shall

meet quarterly after its first meeting. Additional hearings

and public meetings are permitted at the discretion of the

members. The Council may meet in person or through video or

audio conference.

(i) Members shall serve without compensation and may be

reimbursed for reasonable expenses incurred in the performance

of their duties from funds appropriated for that purpose.

(Source: P.A. 102-247, eff. 1-1-22; revised 8-19-22.)

Section 465. The Illinois Athletic Trainers Practice Act

is amended by changing Section 4 as follows:

(225 ILCS 5/4) (from Ch. 111, par. 7604)

(Section scheduled to be repealed on January 1, 2026)

Sec. 4. Licensure; exempt activities. No person shall

provide any of the services set forth in subsection (4) of

Section 3 of this Act, or use the title "athletic trainer", or

"certified athletic trainer", or "athletic trainer certified",

or "licensed athletic trainer" or the letters "LAT", "L.A.T.",

"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after the

athletic trainer's name, unless licensed under this Act.

Nothing in this Act shall be construed as preventing or

restricting the practice, services, or activities of:

(1) Any person licensed or registered in this State by

any other law from engaging in the profession or

occupation for which he or she is licensed or registered.

(2) Any person employed as an athletic trainer by the

Government of the United States, if such person provides

athletic training solely under the direction or control of

the organization by which he or she is employed.

(3) Any person pursuing a course of study leading to a

degree in athletic training at an accredited educational

program if such activities and services constitute a part

of a supervised course of study involving daily personal

or verbal contact at the site of supervision between the

athletic training student and the licensed athletic

trainer who plans, directs, advises, and evaluates the

student's athletic training clinical education. The

supervising licensed athletic trainer must be on-site

where the athletic training clinical education is being

obtained. A person meeting the criteria under this

paragraph (3) must be designated by a title which clearly

indicates his or her status as a student.

(4) (Blank).

(5) The practice of athletic training under the

supervision of a licensed athletic trainer by one who has

applied in writing to the Department for licensure and has

complied with all the provisions of Section 9 except the

passing of the examination to be eligible to receive such

license. This temporary right to act as an athletic

trainer shall expire 3 months after the filing of his or

her written application to the Department; when the

applicant has been notified of his or her failure to pass

the examination authorized by the Department; when the

applicant has withdrawn his or her application; when the

applicant has received a license from the Department after

successfully passing the examination authorized by the

Department; or when the applicant has been notified by the

Department to cease and desist from practicing, whichever

occurs first. This provision shall not apply to an

applicant who has previously failed the examination.

(6) Any person in a coaching position from rendering

emergency care on an as needed basis to the athletes under

his or her supervision when a licensed athletic trainer is

not available.

(7) Any person who is an athletic trainer from another

state or territory of the United States or another nation,

state, or territory acting as an athletic trainer while

performing his or her duties for his or her respective

non-Illinois based team or organization, so long as he or

she restricts his or her duties to his or her team or

organization during the course of his or her team's or

organization's stay in this State. For the purposes of

this Act, a team shall be considered based in Illinois if

its home contests are held in Illinois, regardless of the

location of the team's administrative offices.

(8) The practice of athletic training by persons

licensed in another state who have applied in writing to

the Department for licensure by endorsement. This

temporary right to act as an athletic trainer shall expire

6 months after the filing of his or her written

application to the Department; upon the withdrawal of the

application for licensure under this Act; upon delivery of

a notice of intent to deny the application from the

Department; or upon the denial of the application by the

Department, whichever occurs first.

(9) The practice of athletic training by one who has

applied in writing to the Department for licensure and has

complied with all the provisions of Section 9. This

temporary right to act as an athletic trainer shall expire

6 months after the filing of his or her written

application to the Department; upon the withdrawal of the

application for licensure under this Act; upon delivery of

a notice of intent to deny the application from the

Department; or upon the denial of the application by the

Department, whichever occurs first.

(10) The practice of athletic training by persons

actively licensed as an athletic trainer in another state

or territory of the United States or another country, or

currently certified by the Board of Certification, or its

successor entity, at a special athletic tournament or

event conducted by a sanctioned amateur athletic

organization for no more than 14 days. This shall not

include contests or events that are part of a scheduled

series of regular season events.

(11) Aides from performing patient care activities

under the on-site supervision of a licensed athletic

trainer. These patient care activities shall not include

interpretation of referrals or evaluation procedures,

planning or major modifications of patient programs,

administration of medication, or solo practice or event

coverage without immediate access to a licensed athletic

trainer.

(12) (Blank). Persons or entities practicing the

specified occupations set forth in subsection (a) of, and

pursuant to a licensing exemption granted in subsection

(b) or (d) of, Section 2105-350 of the Department of

Professional Regulation Law of the Civil Administrative

Code of Illinois, but only for so long as the 2016 Olympic

and Paralympic Games Professional Licensure Exemption Law

is operable.

(Source: P.A. 102-940, eff. 1-1-23; revised 12-9-22.)

Section 470. The Dietitian Nutritionist Practice Act is

amended by changing Sections 100 and 105 as follows:

(225 ILCS 30/100) (from Ch. 111, par. 8401-100)

(Section scheduled to be repealed on January 1, 2028)

Sec. 100. Injunctions; cease and desist orders.

(a) If any person violates a provision of this Act, the

Secretary may, in the name of the People of the State of

Illinois through the Attorney General of the State of Illinois

or the State's Attorney of the county in which the violation is

alleged to have occurred, petition for an order enjoining the

violation or for an order enforcing compliance with this Act.

Upon the filing of a verified petition, the court may issue a

temporary restraining order, without notice or bond, and may

preliminarily and permanently enjoin the violation. If it is

established that the person has violated or is violating the

injunction, the Court may punish the offender for contempt of

court. Proceedings under this Section shall be in addition to,

and not in lieu of, all other remedies and penalties provided

by this Act.

(b) If any person provides, offers to provide, attempts to

provide or holds himself or herself out as qualified,

licensed, or able to provide medical nutrition therapy or

holds oneself out as licensed or qualified to practice

dietetics and nutrition or holds oneself out as a licensed

dietitian nutritionist or uses words or letters in connection

with the person's name in violation of Section 80 without

having a valid license under this Act, then any licensee, any

interested party, or any person injured thereby may, in

addition to the Secretary, petition for relief as provided in

subsection (a) of this Section.

(c) Whenever in the opinion of the Department any person

violates any provision of this Act, the Department may issue a

rule to show cause why an order to cease and desist should be

entered against him or her. The rule shall clearly set forth

the grounds relied upon by the Department and shall provide a

period of 7 days from the date of the rule to file an answer to

the satisfaction of the Department. Failure to answer to the

satisfaction of the Department shall cause an in order to

cease and desist to be issued immediately.

(Source: P.A. 102-945, eff. 1-1-23; revised 12-9-22.)

(225 ILCS 30/105) (from Ch. 111, par. 8401-105)

(Section scheduled to be repealed on January 1, 2028)

Sec. 105. Investigation; notice and hearing. The

Department may investigate the actions or qualifications of

any applicant or of any person or persons holding or claiming

to hold a license or certificate of registration. The

Department shall, before refusing to issue or renew a license

or to discipline a licensee under Section 95, at least 30 days

before the date set for the hearing, (i) notify the accused in

writing of any charges made and the time and place for a

hearing of the charges, (ii) direct him or her to file his or

her written answer to the charges under oath within 20 days

after the service of the notice, and (iii) inform the

applicant or licensee that failure to file an answer shall

result in a default judgment being entered n against the

applicant or licensee. At the time and place fixed in the

notice, the Department shall proceed to hear the charges and

the parties or their counsel shall be accorded ample

opportunity to present any pertinent statements, testimony,

evidence, and arguments. The Department may continue the

hearing from time to time. In case the person, after receiving

the notice, fails to file an answer, his or her license, may,

in the discretion of the Department, be revoked, suspended, or

placed on probationary status or the Department may take

whatever disciplinary action considered proper, including

limiting the scope, nature, or extent of the person's practice

or the imposition of a fine, without a hearing, if the act or

acts charged constitute sufficient grounds for that action

under the Act. The written notice and any notice in the

subsequent proceeding may be served by mail to the licensee's

address of record or by email to the licensee's email address

of record.

(Source: P.A. 102-945, eff. 1-1-23; revised 12-9-22.)

Section 475. The Licensed Certified Professional Midwife

Practice Act is amended by changing Section 10 as follows:

(225 ILCS 64/10)

(Section scheduled to be repealed on January 1, 2027)

Sec. 10. Definitions. As used in this Act:

"Address of record" means the designated address recorded

by the Department in the applicant's application file or the

licensee's licensure file as maintained by the Department.

"Antepartum" means before labor or childbirth.

"Board" means the Illinois Midwifery Board.

"Certified nurse midwife" means an individual who is

licensed under the Nurse Practice Act as an advanced practice

registered nurse and is certified as a nurse midwife.

"Client" means a childbearing individual or newborn for

whom a licensed certified professional midwife provides

services.

"Consultation" means the process by which a licensed

certified professional midwife seeks the advice or opinion of

another health care professional.

"Department" means the Department of Financial and

Professional Regulation.

"Email address of record" means the designated email

address of record by the Department in the applicant's

application file or the licensee's licensure file as

maintained by the Department.

"Health care professional" means an advanced practice

registered nurse or a physician licensed to practice medicine

in all of its branches.

"Intrapartum" means during labor and delivery or

childbirth.

"Licensed certified professional midwife" means a person

who has successfully met the requirements under Section 45 of

this Act and has been licensed by the Department.

"Low-risk" means a low-risk pregnancy where there is an

absence of any preexisting maternal disease, significant

disease arising from the pregnancy, or any condition likely to

affect the pregnancy, including, but not limited to, those

listed in Section 85.

"Midwife assistant" means a person, at least 18 years of

age, who performs basic administrative, clerical, and

supportive services under the supervision of a certified

professional midwife, is educated to provide both basic and

emergency care to newborns and mothers during labor, delivery,

and immediately postpartum, and who maintains Neonatal

Resuscitation Program provider status and cardiopulmonary

resuscitation certification.

"Midwifery bridge certificate" means a certificate issued

by the North American Registry of Midwives that documents

completion of accredited continuing education for certified

professional midwives based upon identified areas to address

education in emergency skills and other competencies set by

the international confederation of midwives.

"Midwifery Education and Accreditation Council" or "MEAC"

means the nationally recognized accrediting agency, or its

successor, that establishes standards for the education of

direct-entry midwives in the United States.

"National Association of Certified Professional Midwives"

or "NACPM" means the professional organization, or its

successor, that promotes the growth and development of the

profession of certified professional midwives.

"North American Registry of Midwives" or "NARM" means the

accredited international agency, or its successor

organization, that has established and has continued to

administer certification for the credentialing of certified

professional midwives, including the administration of a

national competency examination.

"Onset of care" means the initial prenatal visit upon an

agreement between a licensed certified professional midwife

and client to establish a midwife-client relationship, during

which the licensed certified professional midwife may take a

client's medical history, complete an exam, establish a

client's record, or perform other services related to

establishing care. "Onset of care" does not include an initial

interview where information about the licensed certified

professional midwife's practice is shared but no

midwife-client relationship is established.

"Pediatric health care professional" means a licensed

physician specializing in the care of children, a family

practice physician, or an advanced practice registered nurse

licensed under the Nurse Practice Act and certified as a

Pediatric Nurse Practitioner or Family Nurse Practitioner.

"Physician" means a physician licensed under the Medical

Practice Act of 1987 to practice medicine in all of its

branches.

"Postpartum period" means the first 6 weeks after

delivery.

"Practice of midwifery" means providing the necessary

supervision, care, and advice to a client during a low-risk

pregnancy, labor, and the postpartum period, including the

intended low-risk delivery of a child, and providing normal

newborn care. "Practice of midwifery" does not include the

practice of medicine or nursing.

"Qualified midwife preceptor" means a licensed and

experienced midwife or other health professional licensed in

the State who participated in the clinical education of

individuals enrolled in a midwifery education institution,

program, or pathway accredited by the midwifery education

accreditation council and who meet the criteria for midwife

preceptors by NARM or its successor organization.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Supportive services" means simple routine medical tasks

and procedures for which the midwife assistant or student

midwife is appropriately trained.

(Source: P.A. 102-683, eff. 10-1-22; 102-963, eff. 5-27-22;

revised 10-17-22.)

Section 480. The Nurse Practice Act is amended by changing

Section 50-10 as follows:

(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)

(Section scheduled to be repealed on January 1, 2028)

Sec. 50-10. Definitions. Each of the following terms, when

used in this Act, shall have the meaning ascribed to it in this

Section, except where the context clearly indicates otherwise:

"Academic year" means the customary annual schedule of

courses at a college, university, or approved school,

customarily regarded as the school year as distinguished from

the calendar year.

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit.

"Advanced practice registered nurse" or "APRN" means a

person who has met the qualifications for a (i) certified

nurse midwife (CNM); (ii) certified nurse practitioner (CNP);

(iii) certified registered nurse anesthetist (CRNA); or (iv)

clinical nurse specialist (CNS) and has been licensed by the

Department. All advanced practice registered nurses licensed

and practicing in the State of Illinois shall use the title

APRN and may use specialty credentials CNM, CNP, CRNA, or CNS

after their name. All advanced practice registered nurses may

only practice in accordance with national certification and

this Act.

"Advisory Board" means the Illinois Nursing Workforce

Center Advisory Board.

"Approved program of professional nursing education" and

"approved program of practical nursing education" are programs

of professional or practical nursing, respectively, approved

by the Department under the provisions of this Act.

"Board" means the Board of Nursing appointed by the

Secretary.

"Center" means the Illinois Nursing Workforce Center.

"Collaboration" means a process involving 2 or more health

care professionals working together, each contributing one's

respective area of expertise to provide more comprehensive

patient care.

"Competence" means an expected and measurable level of

performance that integrates knowledge, skills, abilities, and

judgment based on established scientific knowledge and

expectations for nursing practice.

"Comprehensive nursing assessment" means the gathering of

information about the patient's physiological, psychological,

sociological, and spiritual status on an ongoing basis by a

registered professional nurse and is the first step in

implementing and guiding the nursing plan of care.

"Consultation" means the process whereby an advanced

practice registered nurse seeks the advice or opinion of

another health care professional.

"Credentialed" means the process of assessing and

validating the qualifications of a health care professional.

"Dentist" means a person licensed to practice dentistry

under the Illinois Dental Practice Act.

"Department" means the Department of Financial and

Professional Regulation.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department's licensure maintenance unit.

"Focused nursing assessment" means an appraisal of an

individual's status and current situation, contributing to the

comprehensive nursing assessment performed by the registered

professional nurse or advanced practice registered nurse or

the assessment by the physician assistant, physician, dentist,

podiatric physician, or other licensed health care

professional, as determined by the Department, supporting

ongoing data collection, and deciding who needs to be informed

of the information and when to inform.

"Full practice authority" means the authority of an

advanced practice registered nurse licensed in Illinois and

certified as a nurse practitioner, clinical nurse specialist,

or nurse midwife to practice without a written collaborative

agreement and:

(1) to be fully accountable to patients for the

quality of advanced nursing care rendered;

(2) to be fully accountable for recognizing limits of

knowledge and experience and for planning for the

management of situations beyond the advanced practice

registered nurse's expertise; the full practice authority

for advanced practice registered nurses includes accepting

referrals from, consulting with, collaborating with, or

referring to other health care professionals as warranted

by the needs of the patient; and

(3) to possess the authority to prescribe medications,

including Schedule II through V controlled substances, as

provided in Section 65-43.

"Hospital affiliate" means a corporation, partnership,

joint venture, limited liability company, or similar

organization, other than a hospital, that is devoted primarily

to the provision, management, or support of health care

services and that directly or indirectly controls, is

controlled by, or is under common control of the hospital. For

the purposes of this definition, "control" means having at

least an equal or a majority ownership or membership interest.

A hospital affiliate shall be 100% owned or controlled by any

combination of hospitals, their parent corporations, or

physicians licensed to practice medicine in all its branches

in Illinois. "Hospital affiliate" does not include a health

maintenance organization regulated under the Health

Maintenance Organization Act.

"Impaired nurse" means a nurse licensed under this Act who

is unable to practice with reasonable skill and safety because

of a physical or mental disability as evidenced by a written

determination or written consent based on clinical evidence,

including loss of motor skills, abuse of drugs or alcohol, or a

psychiatric disorder, of sufficient degree to diminish his or

her ability to deliver competent patient care.

"License-pending advanced practice registered nurse" means

a registered professional nurse who has completed all

requirements for licensure as an advanced practice registered

nurse except the certification examination and has applied to

take the next available certification exam and received a

temporary permit from the Department.

"License-pending registered nurse" means a person who has

passed the Department-approved registered nurse licensure exam

and has applied for a license from the Department. A

license-pending registered nurse shall use the title "RN lic

pend" on all documentation related to nursing practice.

"Nursing intervention" means any treatment based on

clinical nursing judgment or knowledge that a nurse performs.

An individual or entity shall not mandate that a registered

professional nurse delegate nursing interventions if the

registered professional nurse determines it is inappropriate

to do so. A nurse shall not be subject to disciplinary or any

other adverse action for refusing to delegate a nursing

intervention based on patient safety.

"Physician" means a person licensed to practice medicine

in all its branches under the Medical Practice Act of 1987.

"Podiatric physician" means a person licensed to practice

podiatry under the Podiatric Medical Practice Act of 1987.

"Practical nurse" or "licensed practical nurse" means a

person who is licensed as a practical nurse under this Act and

practices practical nursing as defined in this Act. Only a

practical nurse licensed under this Act is entitled to use the

title "licensed practical nurse" and the abbreviation

"L.P.N.".

"Practical nursing" means the performance of nursing

interventions requiring the nursing knowledge, judgment, and

skill acquired by means of completion of an approved practical

nursing education program. Practical nursing includes

assisting in the nursing process under the guidance of a

registered professional nurse or an advanced practice

registered nurse. The practical nurse may work under the

direction of a licensed physician, dentist, podiatric

physician, or other health care professional determined by the

Department.

"Privileged" means the authorization granted by the

governing body of a healthcare facility, agency, or

organization to provide specific patient care services within

well-defined limits, based on qualifications reviewed in the

credentialing process.

"Registered Nurse" or "Registered Professional Nurse"

means a person who is licensed as a professional nurse under

this Act and practices nursing as defined in this Act. Only a

registered nurse licensed under this Act is entitled to use

the titles "registered nurse" and "registered professional

nurse" and the abbreviation, "R.N.".

"Registered professional nursing practice" means a

scientific process founded on a professional body of knowledge

that includes, but is not limited to, the protection,

promotion, and optimization of health and abilities,

prevention of illness and injury, development and

implementation of the nursing plan of care, facilitation of

nursing interventions to alleviate suffering, care

coordination, and advocacy in the care of individuals,

families, groups, communities, and populations. "Registered

professional nursing practice" does not include the act of

medical diagnosis or prescription of medical therapeutic or

corrective measures.

"Professional assistance program for nurses" means a

professional assistance program that meets criteria

established by the Board of Nursing and approved by the

Secretary, which provides a non-disciplinary treatment

approach for nurses licensed under this Act whose ability to

practice is compromised by alcohol or chemical substance

addiction.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Unencumbered license" means a license issued in good

standing.

"Written collaborative agreement" means a written

agreement between an advanced practice registered nurse and a

collaborating physician, dentist, or podiatric physician

pursuant to Section 65-35.

(Source: P.A. 99-173, eff. 7-29-15; 99-330, eff. 1-1-16;

99-642, eff. 7-28-16; 100-513, eff. 1-1-18; revised 2-28-22.)

Section 485. The Pharmacy Practice Act is amended by

changing Sections 9 and 25.10 as follows:

(225 ILCS 85/9)

(Section scheduled to be repealed on January 1, 2028)

Sec. 9. Licensure as registered pharmacy technician.

(a) Any person shall be entitled to licensure as a

registered pharmacy technician who is of the age of 16 or over,

has not engaged in conduct or behavior determined to be

grounds for discipline under this Act, is attending or has

graduated from an accredited high school or comparable school

or educational institution or received a State of Illinois

High School Diploma, and has filed a written or electronic

application for licensure on a form to be prescribed and

furnished by the Department for that purpose. The Department

shall issue a license as a registered pharmacy technician to

any applicant who has qualified as aforesaid, and such license

shall be the sole authority required to assist licensed

pharmacists in the practice of pharmacy, under the supervision

of a licensed pharmacist. A registered pharmacy technician may

be delegated to perform any task within the practice of

pharmacy if specifically trained for that task, except for

patient counseling, drug regimen review, clinical conflict

resolution, or final prescription verification except where a

registered certified pharmacy technician verifies a

prescription dispensed by another pharmacy technician using

technology-assisted medication verification, or providing

patients prophylaxis drugs for human immunodeficiency virus

pre-exposure prophylaxis or post-exposure prophylaxis.

(b) Beginning on January 1, 2017, within 2 years after

initial licensure as a registered pharmacy technician, the

licensee must meet the requirements described in Section 9.5

of this Act and become licensed as a registered certified

pharmacy technician. If the licensee has not yet attained the

age of 18, then upon the next renewal as a registered pharmacy

technician, the licensee must meet the requirements described

in Section 9.5 of this Act and become licensed as a registered

certified pharmacy technician. This requirement does not apply

to pharmacy technicians registered prior to January 1, 2008.

(c) Any person registered as a pharmacy technician who is

also enrolled in a first professional degree program in

pharmacy in a school or college of pharmacy or a department of

pharmacy of a university approved by the Department or has

graduated from such a program within the last 18 months, shall

be considered a "student pharmacist" and entitled to use the

title "student pharmacist". A student pharmacist must meet all

of the requirements for licensure as a registered pharmacy

technician set forth in this Section excluding the requirement

of certification prior to the second license renewal and pay

the required registered pharmacy technician license fees. A

student pharmacist may, under the supervision of a pharmacist,

assist in the practice of pharmacy and perform any and all

functions delegated to him or her by the pharmacist.

(d) Any person seeking licensure as a pharmacist who has

graduated from a pharmacy program outside the United States

must register as a pharmacy technician and shall be considered

a "student pharmacist" and be entitled to use the title

"student pharmacist" while completing the 1,200 clinical hours

of training approved by the Board of Pharmacy described and

for no more than 18 months after completion of these hours.

These individuals are not required to become registered

certified pharmacy technicians while completing their Board

approved clinical training, but must become licensed as a

pharmacist or become licensed as a registered certified

pharmacy technician before the second pharmacy technician

license renewal following completion of the Board approved

clinical training.

(e) The Department shall not renew the registered pharmacy

technician license of any person who has been licensed as a

registered pharmacy technician with the designation "student

pharmacist" who: (1) has dropped out of or been expelled from

an ACPE accredited college of pharmacy; (2) has failed to

complete his or her 1,200 hours of Board approved clinical

training within 24 months; or (3) has failed the pharmacist

licensure examination 3 times. The Department shall require

these individuals to meet the requirements of and become

licensed as a registered certified pharmacy technician.

(f) The Department may take any action set forth in

Section 30 of this Act with regard to a license pursuant to

this Section.

(g) Any person who is enrolled in a non-traditional

Pharm.D. program at an ACPE accredited college of pharmacy and

is licensed as a registered pharmacist under the laws of

another United States jurisdiction shall be permitted to

engage in the program of practice experience required in the

academic program by virtue of such license. Such person shall

be exempt from the requirement of licensure as a registered

pharmacy technician or registered certified pharmacy

technician while engaged in the program of practice experience

required in the academic program.

An applicant for licensure as a registered pharmacy

technician may assist a pharmacist in the practice of pharmacy

for a period of up to 60 days prior to the issuance of a

license if the applicant has submitted the required fee and an

application for licensure to the Department. The applicant

shall keep a copy of the submitted application on the premises

where the applicant is assisting in the practice of pharmacy.

The Department shall forward confirmation of receipt of the

application with start and expiration dates of practice

pending licensure.

(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;

102-1051, eff. 1-1-23; 102-1100, eff. 1-1-23; revised

12-14-22.)

(225 ILCS 85/25.10)

(Section scheduled to be repealed on January 1, 2028)

Sec. 25.10. Remote prescription processing.

(a) In this Section, "remote prescription processing"

means and includes the outsourcing of certain prescription

functions to another pharmacy or licensed non-resident

pharmacy. "Remote prescription processing" includes any of the

following activities related to the dispensing process:

(1) Receiving, interpreting, evaluating, or clarifying

prescriptions.

(2) Entering prescription and patient data into a data

processing system.

(3) Transferring prescription information.

(4) Performing a drug regimen review.

(5) Obtaining refill or substitution authorizations or

otherwise communicating with the prescriber concerning a

patient's prescription.

(6) Evaluating clinical data for prior authorization

for dispensing.

(7) Discussing therapeutic interventions with

prescribers.

(8) Providing drug information or counseling

concerning a patient's prescription to the patient or

patient's agent, as defined in this Act.

(b) A pharmacy may engage in remote prescription

processing under the following conditions:

(1) The pharmacies shall either have the same owner or

have a written contract describing the scope of services

to be provided and the responsibilities and

accountabilities of each pharmacy in compliance with all

federal and State laws and regulations related to the

practice of pharmacy.

(2) The pharmacies shall share a common electronic

file or have technology that allows sufficient information

necessary to process a non-dispensing function.

(3) The records may be maintained separately by each

pharmacy or in a common electronic file shared by both

pharmacies, provided that the system can produce a record

at either location that shows each processing task, the

identity of the person performing each task, and the

location where each task was performed.

(c) Nothing in this Section shall prohibit an individual

employee licensed as a pharmacist, pharmacy technician, or

student pharmacist from accessing the employer pharmacy's

database from a home or other remote location or pharmacist's

home verification for the purpose of performing certain

prescription processing functions, provided that the pharmacy

establishes controls to protect the privacy and security of

confidential records.

(Source: P.A. 102-882, eff. 1-1-23; revised 12-9-22.)

Section 490. The Professional Counselor and Clinical

Professional Counselor Licensing and Practice Act is amended

by changing Sections 20 and 50 as follows:

(225 ILCS 107/20)

(Section scheduled to be repealed on January 1, 2028)

Sec. 20. Restrictions and limitations.

(a) No person shall, without a valid license as a

professional counselor issued by the Department: (i) in any

manner hold himself or herself out to the public as a

professional counselor under this Act; (ii) attach the title

"professional counselor" or , "licensed professional

counselor", or use the credential "L.P.C."; or (iii) offer to

render or render to individuals, corporations, or the public

professional counseling services.

(b) No person shall, without a valid license as a clinical

professional counselor issued by the Department: (i) in any

manner hold himself or herself out to the public as a clinical

professional counselor or licensed clinical professional

counselor under this Act; (ii) attach the title "clinical

professional counselor" or , "licensed clinical professional

counselor", or use the credential "L.P.C."; or (iii) offer to

render to individuals, corporations, or the public clinical

professional counseling services.

(c) (Blank).

(d) No association, limited liability company,

professional limited liability company, or partnership shall

provide, attempt to provide, or offer to provide clinical

professional counseling or professional counseling services

unless every member, partner, and employee of the association,

limited liability company, professional limited liability

company, or partnership who practices professional counseling

or clinical professional counseling or who renders

professional counseling or clinical professional counseling

services holds a currently valid license issued under this

Act. No business shall provide, attempt to provide, or offer

to provide professional counseling or clinical professional

counseling services unless it is organized under the

Professional Service Corporation Act or Professional Limited

Liability Company Act.

(d-5) Nothing in this Act shall preclude individuals

licensed under this Act from practicing directly or indirectly

for a physician licensed to practice medicine in all its

branches under the Medical Practice Act of 1987 or for any

legal entity as provided under subsection (c) of Section 22.2

of the Medical Practice Act of 1987.

(e) Nothing in this Act shall be construed as permitting

persons licensed as professional counselors or clinical

professional counselors to engage in any manner in the

practice of medicine in all its branches as defined by law in

this State.

(f) When, in the course of providing professional

counseling or clinical professional counseling services to any

person, a professional counselor or clinical professional

counselor licensed under this Act finds indication of a

disease or condition that in his or her professional judgment

requires professional service outside the scope of practice as

defined in this Act, he or she shall refer that person to a

physician licensed to practice medicine in all of its branches

or another appropriate health care practitioner.

(Source: P.A. 102-878, eff. 1-1-23; revised 12-9-22.)

(225 ILCS 107/50)

(Section scheduled to be repealed on January 1, 2028)

Sec. 50. Licenses; renewal; restoration; person in

military service; inactive status.

(a) The expiration date and renewal period for each

license issued under this Act shall be set by rule. As a

condition for renewal of a license, the licensee shall be

required to complete continuing education in accordance with

rules established by the Department and pay the current

renewal fee.

(b) Any person who has permitted a license to expire or who

has a license on inactive status may have it restored by

submitting an application to the Department and filing proof

of fitness acceptable to the Department, to have the license

restored, including, if appropriate, evidence which is

satisfactory to the Department certifying the active practice

of professional counseling or clinical professional counseling

in another jurisdiction and by paying the required fee.

(c) If the person has not maintained an active practice in

another jurisdiction which is satisfactory to the Department,

the Department shall determine, by rule, the person's fitness

to resume active status and shall establish procedures and

requirements for restoration.

(d) However, any person whose license expired while he or

she was (i) in federal service on active duty with the armed

forces of the United States or the State Militia or (ii) in

training or education under the supervision of the United

States government prior to induction into the military service

may have his or her license restored without paying any lapsed

renewal fees if, within 2 years after the honorable

termination of such service, training, or education, the

Department is furnished with satisfactory evidence that the

person has been so engaged and that such service, training, or

education has been so terminated.

(e) A license to practice shall not be denied any

applicant because of the applicant's race, religion, creed,

national origin, political beliefs or activities, age, sex,

sexual orientation, or physical impairment.

(f) (Blank).

(g) Notwithstanding any other provision of law, the

following requirements for restoration of an inactive or

expired license of 5 years or less as set forth in subsections

(b), (c), and (f) are suspended for any licensed clinical

professional counselor who has had no disciplinary action

taken against his or her license in this State or in any other

jurisdiction during the entire period of licensure: proof of

fitness, certification of active practice in another

jurisdiction, and the payment of a renewal fee. An individual

may not restore his or her license in accordance with this

subsection more than once.

(Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22;

revised 12-14-22.)

Section 495. The Wholesale Drug Distribution Licensing Act

is amended by changing Sections 15, 21, 35, and 110 as follows:

(225 ILCS 120/15) (from Ch. 111, par. 8301-15)

(Section scheduled to be repealed on January 1, 2028)

Sec. 15. Definitions. As used in this Act:

"Address of record" means the designated address recorded

by the Department in the applicant's application file or

licensee's license file maintained by the Department's

licensure maintenance unit.

"Authentication" means the affirmative verification,

before any wholesale distribution of a prescription drug

occurs, that each transaction listed on the pedigree has

occurred.

"Authorized distributor of record" means a wholesale

distributor with whom a manufacturer has established an

ongoing relationship to distribute the manufacturer's

prescription drug. An ongoing relationship is deemed to exist

between a wholesale distributor and a manufacturer when the

wholesale distributor, including any affiliated group of the

wholesale distributor, as defined in Section 1504 of the

Internal Revenue Code, complies with the following:

(1) The wholesale distributor has a written agreement

currently in effect with the manufacturer evidencing the

ongoing relationship; and

(2) The wholesale distributor is listed on the

manufacturer's current list of authorized distributors of

record, which is updated by the manufacturer on no less

than a monthly basis.

"Blood" means whole blood collected from a single donor

and processed either for transfusion or further manufacturing.

"Blood component" means that part of blood separated by

physical or mechanical means.

"Board" means the State Board of Pharmacy of the

Department of Financial and Professional Regulation.

"Chain pharmacy warehouse" means a physical location for

prescription drugs that acts as a central warehouse and

performs intracompany sales or transfers of the drugs to a

group of chain or mail order pharmacies that have the same

common ownership and control. Notwithstanding any other

provision of this Act, a chain pharmacy warehouse shall be

considered part of the normal distribution channel.

"Co-licensed partner or product" means an instance where

one or more parties have the right to engage in the

manufacturing or marketing of a prescription drug, consistent

with the FDA's implementation of the Prescription Drug

Marketing Act.

"Department" means the Department of Financial and

Professional Regulation.

"Drop shipment" means the sale of a prescription drug to a

wholesale distributor by the manufacturer of the prescription

drug or that manufacturer's co-licensed product partner, that

manufacturer's third-party logistics provider, or that

manufacturer's exclusive distributor or by an authorized

distributor of record that purchased the product directly from

the manufacturer or one of these entities whereby the

wholesale distributor or chain pharmacy warehouse takes title

but not physical possession of such prescription drug and the

wholesale distributor invoices the pharmacy, chain pharmacy

warehouse, or other person authorized by law to dispense or

administer such drug to a patient and the pharmacy, chain

pharmacy warehouse, or other authorized person receives

delivery of the prescription drug directly from the

manufacturer, that manufacturer's third-party logistics

provider, or that manufacturer's exclusive distributor or from

an authorized distributor of record that purchased the product

directly from the manufacturer or one of these entities.

"Drug sample" means a unit of a prescription drug that is

not intended to be sold and is intended to promote the sale of

the drug.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department's licensure maintenance unit.

"Facility" means a facility of a wholesale distributor

where prescription drugs are stored, handled, repackaged, or

offered for sale, or a facility of a third-party logistics

provider where prescription drugs are stored or handled.

"FDA" means the United States Food and Drug

Administration.

"Manufacturer" means a person licensed or approved by the

FDA to engage in the manufacture of drugs or devices,

consistent with the definition of "manufacturer" set forth in

the FDA's regulations and guidances implementing the

Prescription Drug Marketing Act. "Manufacturer" does not

include anyone who is engaged in the packaging, repackaging,

or labeling of drugs only to the extent permitted under the

Illinois Drug Reuse Opportunity Program Act.

"Manufacturer's exclusive distributor" means anyone who

contracts with a manufacturer to provide or coordinate

warehousing, distribution, or other services on behalf of a

manufacturer and who takes title to that manufacturer's

prescription drug, but who does not have general

responsibility to direct the sale or disposition of the

manufacturer's prescription drug. A manufacturer's exclusive

distributor must be licensed as a wholesale distributor under

this Act and, in order to be considered part of the normal

distribution channel, must also be an authorized distributor

of record.

"Normal distribution channel" means a chain of custody for

a prescription drug that goes, directly or by drop shipment,

from (i) a manufacturer of the prescription drug, (ii) that

manufacturer to that manufacturer's co-licensed partner, (iii)

that manufacturer to that manufacturer's third-party logistics

provider, or (iv) that manufacturer to that manufacturer's

exclusive distributor to:

(1) a pharmacy or to other designated persons

authorized by law to dispense or administer the drug to a

patient;

(2) a wholesale distributor to a pharmacy or other

designated persons authorized by law to dispense or

administer the drug to a patient;

(3) a wholesale distributor to a chain pharmacy

warehouse to that chain pharmacy warehouse's intracompany

pharmacy to a patient or other designated persons

authorized by law to dispense or administer the drug to a

patient;

(4) a chain pharmacy warehouse to the chain pharmacy

warehouse's intracompany pharmacy or other designated

persons authorized by law to dispense or administer the

drug to the patient;

(5) an authorized distributor of record to one other

authorized distributor of record to an office-based health

care practitioner authorized by law to dispense or

administer the drug to the patient; or

(6) an authorized distributor to a pharmacy or other

persons licensed to dispense or administer the drug.

"Pedigree" means a document or electronic file containing

information that records each wholesale distribution of any

given prescription drug from the point of origin to the final

wholesale distribution point of any given prescription drug.

"Person" means and includes a natural person, partnership,

association, corporation, or any other legal business entity.

"Pharmacy distributor" means any pharmacy licensed in this

State or hospital pharmacy that is engaged in the delivery or

distribution of prescription drugs either to any other

pharmacy licensed in this State or to any other person or

entity including, but not limited to, a wholesale drug

distributor engaged in the delivery or distribution of

prescription drugs who is involved in the actual,

constructive, or attempted transfer of a drug in this State to

other than the ultimate consumer except as otherwise provided

for by law.

"Prescription drug" means any human drug, including any

biological product (except for blood and blood components

intended for transfusion or biological products that are also

medical devices), required by federal law or regulation to be

dispensed only by a prescription, including finished dosage

forms and bulk drug substances subject to Section 503 of the

Federal Food, Drug and Cosmetic Act.

"Repackage" means repackaging or otherwise changing the

container, wrapper, or labeling to further the distribution of

a prescription drug, excluding that completed by the

pharmacist responsible for dispensing the product to a

patient.

"Secretary" means the Secretary of the Department of

Financial and Professional Regulation.

"Suspicious order" includes, but is not limited to, an

order of a controlled substance of unusual size, an order of a

controlled substance deviating substantially from a normal

pattern, and orders of controlled substances of unusual

frequency as defined by 21 U.S.C. USC 802.

"Third-party logistics provider" means anyone who

contracts with a prescription drug manufacturer to provide or

coordinate warehousing, distribution, or other services on

behalf of a manufacturer, but does not take title to the

prescription drug or have general responsibility to direct the

prescription drug's sale or disposition.

"Wholesale distribution" means the distribution of

prescription drugs to persons other than a consumer or

patient, but does not include any of the following:

(1) Intracompany sales of prescription drugs, meaning

(i) any transaction or transfer between any division,

subsidiary, parent, or affiliated or related company under

the common ownership and control of a corporate entity or

(ii) any transaction or transfer between co-licensees of a

co-licensed product.

(2) The sale, purchase, distribution, trade, or

transfer of a prescription drug or offer to sell,

purchase, distribute, trade, or transfer a prescription

drug for emergency medical reasons.

(3) The distribution of prescription drug samples by

manufacturers' representatives.

(4) Drug returns, when conducted by a hospital, health

care entity, or charitable institution in accordance with

federal regulation.

(5) The sale of minimal quantities of prescription

drugs by licensed pharmacies to licensed practitioners for

office use or other licensed pharmacies.

(6) The sale, purchase, or trade of a drug, an offer to

sell, purchase, or trade a drug, or the dispensing of a

drug pursuant to a prescription.

(7) The sale, transfer, merger, or consolidation of

all or part of the business of a pharmacy or pharmacies

from or with another pharmacy or pharmacies, whether

accomplished as a purchase and sale of stock or business

assets.

(8) The sale, purchase, distribution, trade, or

transfer of a prescription drug from one authorized

distributor of record to one additional authorized

distributor of record when the manufacturer has stated in

writing to the receiving authorized distributor of record

that the manufacturer is unable to supply the prescription

drug and the supplying authorized distributor of record

states in writing that the prescription drug being

supplied had until that time been exclusively in the

normal distribution channel.

(9) The delivery of or the offer to deliver a

prescription drug by a common carrier solely in the common

carrier's usual course of business of transporting

prescription drugs when the common carrier does not store,

warehouse, or take legal ownership of the prescription

drug.

(10) The sale or transfer from a retail pharmacy, mail

order pharmacy, or chain pharmacy warehouse of expired,

damaged, returned, or recalled prescription drugs to the

original manufacturer, the originating wholesale

distributor, or a third party returns processor.

(11) The donation of drugs to the extent permitted

under the Illinois Drug Reuse Opportunity Program Act.

"Wholesale drug distributor" means anyone engaged in the

wholesale distribution of prescription drugs into, out of, or

within the State, including, without limitation,

manufacturers; repackers; own label distributors; jobbers;

private label distributors; brokers; warehouses, including

manufacturers' and distributors' warehouses; manufacturer's

exclusive distributors; and authorized distributors of record;

drug wholesalers or distributors; independent wholesale drug

traders; specialty wholesale distributors; and retail

pharmacies that conduct wholesale distribution; and chain

pharmacy warehouses that conduct wholesale distribution. In

order to be considered part of the normal distribution

channel, a wholesale distributor must also be an authorized

distributor of record.

(Source: P.A. 101-420, eff. 8-16-19; 102-389, eff. 1-1-22;

102-879, eff. 1-1-23; revised 12-9-22.)

(225 ILCS 120/21)

(Section scheduled to be repealed on January 1, 2028)

Sec. 21. Reports to Department. Each licensee that is

required to report suspicious orders under 21 U.S.C. USC 832

shall also submit such suspicions order reports to the

Department.

(Source: P.A. 102-879, eff. 1-1-23; revised 12-19-22.)

(225 ILCS 120/35) (from Ch. 111, par. 8301-35)

(Section scheduled to be repealed on January 1, 2028)

Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.

(a) The Department shall provide by rule for a schedule of

fees for the administration and enforcement of this Act,

including, but not limited to, original licensure, renewal,

and restoration. The fees shall be nonrefundable.

(b) All fees collected under this Act shall be deposited

into the Illinois State Pharmacy Disciplinary Fund and shall

be appropriated to the Department for the ordinary and

contingent expenses of the Department in the administration of

this Act. Moneys in the Fund may be transferred to the

Professions Indirect Cost Fund as authorized by Section

2105-300 of the Department of Financial and Professional

Regulation Law (20 ILCS 2105/2105-300).

The moneys deposited into the Illinois State Pharmacy

Disciplinary Fund shall be invested to earn interest which

shall accrue to the Fund.

(c) Any person who delivers a check or other payment to the

Department that is returned to the Department unpaid by the

financial institution upon which it is drawn shall pay to the

Department, in addition to the amount already owed to the

Department, a fine of $50. The fines imposed by this Section

are in addition to any other discipline provided under this

Act for unlicensed practice or practice on a nonrenewed

license. The Department shall notify the person that payment

of fees and fines shall be paid to the Department by certified

check or money order within 30 calendar days of the

notification. If, after the expiration of 30 days from the

date of the notification, the person has failed to submit the

necessary remittance, the Department shall automatically

terminate the license or certificate or deny the application,

without hearing. If, after termination or denial, the person

seeks a license or certificate, he or she shall apply to the

Department for restoration or issuance of the license or

certificate and pay all fees and fines due to the Department.

The Department may establish a fee for the processing of an

application for restoration of a license or certificate to pay

all expenses of processing this application. The Secretary may

waive the fines due under this Section in individual cases

where the Secretary finds that the fines would be unreasonable

or unnecessarily burdensome.

(d) (Blank).

(e) A manufacturer of controlled substances, wholesale

distributor of controlled substances, or third-party logistics

provider that is licensed under this Act and owned and

operated by the State is exempt from licensure, registration,

renewal, and other fees required under this Act. Nothing in

this subsection (e) shall be construed to prohibit the

Department from imposing any fine or other penalty allowed

under this Act.

(Source: P.A. 101-420, eff. 8-16-19; 102-879, eff. 1-1-23;

revised 12-9-22.)

(225 ILCS 120/110) (from Ch. 111, par. 8301-110)

(Section scheduled to be repealed on January 1, 2028)

Sec. 110. Hearing officers; appointment. Notwithstanding

any other provision of this Act, the Secretary shall have the

authority to appoint any attorney duly licensed to practice

law in the State of Illinois to serve as the hearing officer in

any action before the Board for refusal to issue or renew a

license, or the discipline of a licensee. The hearing officer

shall report his findings of fact, conclusions of law, and

recommendations to the Board and the Secretary. The Board

shall have 60 days from receipt of the report to review the

report of the hearing officer and present its findings of

fact, conclusions of law, and recommendations to the

Secretary. If the Board fails to present its report within the

60-day 60 day period, the Secretary may issue an order based on

the report of the hearing officer and the record of the

proceedings or issue an order remanding the matter back to the

hearing officer for additional proceedings in accordance with

the order. If the Secretary disagrees with the recommendation

of the Board or the hearing officer, the Secretary may issue an

order in contravention of the recommendation.

(Source: P.A. 102-879, eff. 1-1-23; revised 12-9-22.)

Section 500. The Solid Waste Site Operator Certification

Law is amended by changing Section 1011 as follows:

(225 ILCS 230/1011)

Sec. 1011. Fees.

(a) Fees for the issuance or renewal of a Solid Waste Site

Operator Certificate shall be as follows:

(1)(A) $400 for issuance or renewal for Solid Waste

Site Operators;

(B) (blank); and

(C) $100 for issuance or renewal for special waste

endorsements.

(2) If the fee for renewal is not paid within the grace

period the above fees for renewal shall each be increased by $

50.

(b) (Blank).

(c) All fees collected by the Agency under this Section

shall be deposited into the Environmental Protection Permit

and Inspection Fund to be used in accordance with the

provisions of subsection (a) of Section 22.8 of the

Environmental Protection Act.

(Source: P.A. 102-1017, eff. 1-1-23; 102-1071, eff. 6-10-22;

revised 12-14-22.)

Section 505. The Registered Interior Designers Act is

amended by changing Sections 3, 4.1, and 4.2 as follows:

(225 ILCS 310/3) (from Ch. 111, par. 8203)

(Section scheduled to be repealed on January 1, 2027)

Sec. 3. Definitions. As used in this Act:

"Accredited institution" means an institution accredited

by the Council for Interior Design Accreditation, an

accreditation body recognized by the United States Department

of Education, or a curriculum or transcript approved by the

Board per a registration applicant's application.

"Address of record" means the designated address recorded

by the Department in the applicant's application file or the

registrant's registration file as maintained by the

Department's licensure maintenance unit.

"Board" means the Board of Registered Interior Design

Professionals established under Section 6 of this Act.

"Department" means the Department of Financial and

Professional Regulation.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the registrant's registration file as

maintained by the Department's licensure maintenance unit.

"Interior technical submissions" means the designs,

drawings, and specifications that establish the scope of the

interior design to be constructed, the standard of quality for

materials, workmanship, equipment, and construction systems,

and the studies and other technical reports and calculations

prepared in the course of the practice of registered interior

design.

"Practice of registered interior design" means the design

of interior spaces as a part of an interior alteration or

interior construction project in conformity with public

health, safety, and welfare requirements, including the

preparation of documents relating to building code

descriptions, project egress plans that require no increase

capacity of exits in the space affected, space planning,

finish materials, furnishings, fixtures, equipment, and the

preparation of documents and interior technical submissions

relating to interior construction. "Practice of registered

interior design" does not include:

(1) The practice of structural engineering as defined

in the Structural Engineering Practice Act of 1989, the

practice of professional engineering as defined in the

Professional Engineering Practice Act of 1989, or the

practice of land surveying as defined in the Illinois

Professional Land Surveyor Act of 1989.

(2) Services that constitute the practice of

architecture as defined in the Illinois Architecture

Practice Act of 1989, except as provided in this Act.

(3) Altering or affecting the structural system of a

building, including changing the building's live or dead

load on the structural system.

(4) Changes to the building envelope, including

exterior walls, exterior wall coverings, exterior wall

openings, exterior windows and doors, architectural trim,

balconies and similar projections, bay and oriel windows,

roof assemblies and rooftop structures, and glass and

glazing for exterior use in both vertical and sloped

applications in buildings and structures.

(5) Altering or affecting the mechanical, plumbing,

heating, air conditioning, ventilation, electrical,

vertical transportation, fire sprinkler, or fire alarm

systems.

(6) Changes beyond the exit access component of a

means of egress system.

(7) Construction that materially affects life safety

systems pertaining to fire safety or the fire protection

of structural elements, or alterations to smoke evacuation

and compartmentalization systems or to fire-rated vertical

shafts in multistory structures.

(8) Changes of use to an occupancy of greater hazard

as determined by the International Building Code.

(9) Changes to the construction classification of the

building or structure according to the International

Building Code.

"Public member" means a person who is not a registered

interior designer, educator in the field, architect,

structural engineer, or professional engineer. For purposes of

board membership, any person with a significant financial

interest in the design or construction service or profession

is not a public member.

"Registered interior designer" means a person who has

received registration under Section 8 of this Act. A person

represents himself or herself to be a "registered interior

designer" within the meaning of this Act if he or she holds

himself or herself out to the public by any title

incorporating the words "registered interior designer" or any

title that includes the words "registered interior design".

"Responsible control" means the amount of control over

detailed professional knowledge of the content of interior

technical submissions during the preparation as is ordinarily

exercised by registered interior designers applying the

required professional standard of care. Merely reviewing or

reviewing and correcting an interior technical submission or

any portion thereof prepared by those not in the regular

employment of the office where the registered interior

designer is a resident without control over the content of

such work throughout its preparation does not constitute

responsible control.

"Secretary" means the Secretary of Financial and

Professional Regulation.

(Source: P.A. 102-20, eff. 1-1-22; 102-1066, eff. 1-1-23;

revised 12-9-22.)

(225 ILCS 310/4.1)

(Section scheduled to be repealed on January 1, 2027)

Sec. 4.1. Seal. Every registered interior designer shall

have a reproducible seal, or facsimile, the impression of

which shall contain the name of the registered interior

designer, the registration registrations number, and the words

"Registered Interior Designer, State of Illinois". The

registered interior designer shall affix the signature,

current date, date of registration expiration, and seal to the

first sheet of any bound set or loose sheets of interior

technical submissions used as contract documents between

parties to the contract or prepared for the review and

approval of any governmental or public authority having

jurisdiction by that registered interior designer or under

that registered interior designer's responsible control. The

sheet of interior technical submissions in which the seal is

affixed shall indicate those documents or parts thereof for

which the seal shall apply. The seal and dates may be

electronically affixed. The registrant may provide, at the

registrant's sole discretion, an original signature in the

registrant's handwriting, a scanned copy of the document

bearing an original signature, or a signature generated by a

computer. All interior technical submissions issued by any

corporation, partnership, or professional service corporation

shall contain the corporate or assumed business name in

addition to any other seal requirements set forth in this Act.

A registered interior designer under this Act shall not

sign and seal interior technical submissions that were not

prepared by or under the responsible control of the registered

interior designer, except that:

(1) the registered interior designer may sign and seal

those portions of the interior technical submission that

were prepared by or under the responsible control of a

person who holds a registration under this Act, and who

has signed and sealed the documents, if the registered

interior designer has reviewed in whole or in part such

portions and has either coordinated their preparation or

integrated them into the work;

(2) the registered interior designer may sign and seal

portions of the professional work that are not required by

this Act to be prepared by or under the responsible

control of a registered interior designer if the

registered interior designer has reviewed and adopted in

whole or in part such portions and has integrated them

into the work. The work associated with the combination of

services in connection with the design and construction of

buildings shall be provided by a licensed architect. If

engineering, structural engineering, or licensed land

surveying services are required in association with an

interior nonstructural project being performed by a

registered interior designer, the documents that have

already been properly sealed by a licensed professional

engineer, licensed structural engineer, or licensed land

surveyor may be compiled by a registered interior

designer. Each design professional shall seal the

respective documents and shall not seal a document that

was not prepared under the design professional's

responsible charge. For all other projects, engineering,

structural engineering, or land surveying services shall

be procured separate from the registered interior

designer;

(3) a partner or corporate officer of a professional

design firm registered in this State who has professional

knowledge of the content of the interior technical

submissions and intends to be responsible for the adequacy

of the interior technical submissions may sign and seal

interior technical submissions that are prepared by or

under the responsible control of a registered interior

designer who is registered in this State and who is in the

regular employment of the professional design firm.

The registered interior designer exercising responsible

control under which the interior technical submissions or

portions of the interior technical submission were prepared

shall be identified on the interior technical submissions or

portions of the interior technical submissions by name and

Illinois registration number.

Any registered interior designer who signs and seals

interior technical submissions not prepared by that registered

interior designer but prepared under that registered interior

designer's responsible control by persons not regularly

employed in the office where the registered interior designer

is a resident shall maintain and make available to the Board

upon request for at least 5 years following such signing and

sealing, adequate and complete records demonstrating the

nature and extent of the registered interior designer's

control over, and detailed professional knowledge of the

interior technical submissions throughout their preparation.

(Source: P.A. 102-1066, eff. 1-1-23; revised 12-19-22.)

(225 ILCS 310/4.2)

(Section scheduled to be repealed on January 1, 2027)

Sec. 4.2. Interior technical submissions.

(a) All interior technical submissions intended for use in

this State shall be prepared and administered in accordance

with standards of reasonable professional skill and diligence.

Care shall be taken to reflect the requirements of State law

and, where applicable, county and municipal ordinances in the

submissions. In recognition that registered interior designers

are registered for the protection of the public health,

safety, and welfare, submissions shall be of such quality and

scope, and be so administered, as to conform to professional

standards.

(b) No officer, board, commission, or other public entity

who receives interior technical submissions shall accept for

filing or approval any interior technical submissions related

to services requiring the involvement of a registered interior

designer that do not bear the seal and signature of a

registered interior designer.

(c) It is unlawful to affix a seal to interior technical

submissions if it masks the true identity identify of the

person who actually exercised responsible control of the

preparation of such work. A registered interior designer who

seals and signs interior technical submissions is not

responsible for damage caused by subsequent changes to, or

uses of, those interior technical submissions where the

subsequent changes or uses, including changes to uses made by

State or local agencies, are not authorized or approved in

writing by the registered interior designer who originally

sealed and signed the interior technical submissions.

(Source: P.A. 102-1066, eff. 1-1-23; revised 12-19-22.)

Section 510. The Illinois Plumbing License Law is amended

by changing Section 5 as follows:

(225 ILCS 320/5) (from Ch. 111, par. 1104)

Sec. 5. Advertising.

(a) Persons who advertise plumbing services shall, at

their place of business, display the licensed plumber's

license of at least one member of the firm, partnership or

officer of the corporation and shall maintain a register

listing the names and license numbers of all licensed plumbers

and all licensed apprentice plumbers currently employed by

them. The number of the license so displayed shall also be

included with the plumbing identification on vehicles.

(b) No person who provides plumbing services may advertise

those services unless that person includes in the

advertisement the license number that is required to be

displayed under subsection (a). Nothing contained in this

subsection requires the publisher of advertising for plumbing

services to investigate or verify the accuracy of the license

number provided by the advertiser.

(b.5) Any person who advertises plumbing services (i) who

fails to display the license number required by subsection (a)

in all manners required by that subsection, (ii) who fails to

provide a publisher with the correct number under subsection

(b), or (iii) who provides a publisher with a false license

number or a license number of a person other than the person

designated under subsection (a), or any person who allows his

or her license number to be displayed or used in order to allow

any other person to circumvent any provisions of this Section

is guilty of a Class A misdemeanor with a fine of $1,000, which

shall be subject to the enforcement provisions of Section 29

of this Act. Each day that a person fails to display the

required license under subsection (a) and each day that an

advertisement runs or each day that a person allows his or her

license to be displayed or used in violation of this Section

constitutes a separate offense.

In addition to, and not in lieu of, the penalties and

remedies provided for in this Section and Section 29 of this

Act, any person licensed under this Act who violates any

provision of this Section shall be subject to suspension or

revocation of his or her license under Section 19 of this Act.

(b.10) In addition to, and not in lieu of, the penalties

and remedies provided for in this Section and Sections 19, 20,

and 29 of this Act, and after notice and an opportunity for

hearing as provided for in this subsection and Section 19 of

this Act, the Department may issue an Order Of Correction to

the telecommunications carrier furnishing service to any

telephone number contained in a printed advertisement for

plumbing services that is found to be in violation of the

provisions of this subsection. The Order of Correction shall

be limited to the telephone number contained in the unlawful

advertisement. The Order of Correction shall notify the

telecommunications carrier to disconnect the telephone service

furnished to any telephone number contained in the unlawful

advertisement and that subsequent calls to that number shall

not be referred by the telecommunications carrier to any new

telephone number obtained by or any existing number registered

to the person.

If, upon investigation, the Department has probable cause

to believe that a person has placed an advertisement with a

telecommunications carrier that: (i) contains a false license

number, (ii) contains a license number of a person other than

the person designated under subsection (a), or (iii) is placed

or circulated by a person who is not properly licensed under

this Act, the Department shall provide notice to the person of

the Department's intent to issue an Order of Correction to the

telecommunications carrier to disconnect the telephone service

furnished to any telephone number contained in the unlawful

advertisement, and that subsequent calls to that number shall

not be referred by the telecommunications carrier to any new

telephone number obtained by or any existing number registered

to the person.

Notice shall be provided by certified mail or by personal

service setting forth the particular reasons for the proposed

action and fixing a date, not less than 20 days from the date

of the mailing or service, within which time the person must

request a hearing in writing. Failure to serve upon the

Department a written request for hearing within the time

provided in the notice shall constitute a waiver of the

person's right to an administrative hearing. The hearing,

findings, and conclusions shall be in accordance with the

provisions contained in Section 19 of this Act and the

Department's Rules of Practice and Procedure in Administrative

Hearings (77 Ill. Adm. Admin. Code 100), which are

incorporated by reference herein.

Upon a finding that the person has violated the provisions

of this subsection, the Department shall issue the Order of

Correction to the telecommunications carrier. If the

telecommunications carrier fails to comply with the Order of

Correction within 20 days after the order is final, the

Department shall inform the Illinois Commerce Commission of

the failure to comply and the Illinois Commerce Commission

shall require the telecommunications carrier furnishing

services to that person to disconnect the telephone service

furnished to the telephone number contained in the unlawful

advertisement and direct that subsequent calls to that number

shall not be referred by the telecommunications carrier to any

new telephone number obtained by or any existing number

registered to the person.

A person may have his or her telephone services restored,

after an Order of Correction has been issued, upon a showing,

to the satisfaction of the Department, that he or she is in

compliance with the provisions of this Act.

(c) The Department may require by rule and regulation

additional information concerning licensed plumbers and

licensed apprentice plumbers maintained in the register. The

Department shall have the right to examine the payroll records

of such persons to determine compliance with this provision.

The Department's right to examine payroll records is limited

solely to those records and does not extend to any other

business records.

(Source: P.A. 91-184, eff. 1-1-00; revised 2-28-22.)

Section 515. The Collateral Recovery Act is amended by

changing Section 35 as follows:

(225 ILCS 422/35)

(Section scheduled to be repealed on January 1, 2027)

Sec. 35. Application for repossession agency licensure.

(a) Application for original licensure as a repossession

agency shall be made to the Commission in writing on forms

prescribed by the Commission and shall be accompanied by the

appropriate documentation and the required fee, and the fee is

nonrefundable.

(b) Every application shall state, in addition to any

other requirements, (i) the name of the applicant, (ii) the

name under which the applicant shall do business, (iii) the

proposed location of the agency by number, street, and city,

and (iv) the proposed location of the agency's remote storage

location or locations by number, street, and city, (v) the

proposed location of the Agency's branch office or branch

offices by number, street, and city, and (vi) the usual

business hours that the agency shall maintain.

(c) No license may be issued (i) in any fictitious name

that may be confused with or is similar to any federal, state,

county, or municipal government function or agency, (ii) in

any name that may tend to describe any business function or

enterprise not actually engaged in by the applicant, (iii) in

any name that is the same as or similar to any existing

licensed company and that would tend to deceive the public,

(iv) in any name that would tend to be deceptive or misleading,

or (v) to any repossession agency applicant without that

agency's location or branch office location maintaining a

secured storage facility as defined in Section 10 of this Act.

(d) If the applicant for repossession agency licensure is

an individual, then his or her application shall include (i)

the full residential address of the applicant and (ii) either

the sworn statement of the applicant declaring that he or she

is the licensed recovery manager who shall be personally in

control of the agency for which the licensure is sought, or the

name and signed sworn statement of the licensed recovery

manager who shall be in control or management of the agency.

(e) If the applicant for repossession agency licensure is

a partnership, then the application shall include (i) a

statement of the names and full residential addresses of all

partners in the business and (ii) a sworn statement signed by

each partner verifying the name of the person who is a licensed

recovery manager and shall be in control or management of the

business. If a licensed recovery manager who is not a partner

shall be in control or management of the agency, then he or she

must also sign the sworn statement. The application shall also

state whether any of the partners has ever used an alias.

(f) If the applicant for licensure as a repossession

agency is a corporation, then the application shall include

(i) the names and full residential addresses of all

corporation officers and (ii) a sworn statement signed by a

duly authorized officer of the corporation verifying the name

of the person who is a licensed recovery manager and shall be

in control or management of the agency. If a licensed recovery

manager who is not an officer shall be in control or management

of the agency, then he or she must also sign the sworn

statement. The application shall also state whether any of the

officers has ever used an alias.

(g) If the applicant for licensure as a repossession

agency is a limited liability company, then the application

shall include (i) the names and full residential addresses of

all members and (ii) a sworn statement signed by each member

verifying the name of the person who is a licensed recovery

manager and shall be in control or management of the agency. If

a licensed recovery manager who is not a member shall be in

control or management of the agency, then he or she must also

sign the sworn statement. The application shall also state

whether any of the members has ever used an alias.

(h) Each individual, partner of a partnership, officer of

a corporation, or member of a limited liability company shall

submit with the application a copy of a valid State or U.S.

government-issued photo identification card. An applicant who

is 21 years of age or older seeking a religious exemption to

the photograph requirement of this subsection shall furnish

with the application an approved copy of United States

Department of the Treasury Internal Revenue Service Form 4029.

Regardless of age, an applicant seeking a religious exemption

to this photograph requirement shall submit fingerprints in a

form and manner prescribed by the Commission with his or her

application in lieu of a photograph.

(i) No examination shall be required for licensure as a

repossession agency by the Commission.

(j) The Commission may require any additional information

that, in the judgment of the Commission, shall enable the

Commission to determine the qualifications of the applicant

for licensure.

(k) Applicants have 90 days from the date of application

to complete the application process. If the application has

not been completed within 90 days, then the application shall

be denied, the fee shall be forfeited, and the applicant must

reapply and meet the requirements in effect at the time of

reapplication.

(l) Nothing in this Section precludes a domestic or

foreign limited liability company being licensed as a

repossession agency.

(m) A repossession agency license may be transferable upon

prior notice to the Commission and upon completion of all

requirements relative to the application process for

repossession agency licensure.

(n) Repossessions performed in this State must be

performed by repossession agencies, their employees, or agents

licensed by the Commission, with the exception of financial

institutions or the employees of a financial institution that

are exempt under subsection (d) of Section 30 of this Act.

(Source: P.A. 102-748, eff. 1-1-23; revised 12-9-22.)

Section 520. The Real Estate License Act of 2000 is

amended by changing Section 5-10 as follows:

(225 ILCS 454/5-10)

(Section scheduled to be repealed on January 1, 2030)

Sec. 5-10. Requirements for license as a residential

leasing agent; continuing education.

(a) Every applicant for licensure as a residential leasing

agent must meet the following qualifications:

(1) be at least 18 years of age;

(2) be of good moral character;

(3) successfully complete a 4-year course of study in

a high school or secondary school or an equivalent course

of study approved by the state in which the school is

located, or possess a State of Illinois High School

Diploma, which shall be verified under oath by the

applicant;

(4) personally take and pass a written examination

authorized by the Department sufficient to demonstrate the

applicant's knowledge of the provisions of this Act

relating to residential leasing agents and the applicant's

competence to engage in the activities of a licensed

residential leasing agent;

(5) provide satisfactory evidence of having completed

15 hours of instruction in an approved course of study

relating to the leasing of residential real property. The

Board may recommend to the Department the number of hours

each topic of study shall require. The course of study

shall, among other topics, cover the provisions of this

Act applicable to residential leasing agents; fair housing

and human rights issues relating to residential leasing;

advertising and marketing issues; leases, applications,

and credit and criminal background reports; owner-tenant

relationships and owner-tenant laws; the handling of

funds; and environmental issues relating to residential

real property;

(6) complete any other requirements as set forth by

rule; and

(7) present a valid application for issuance of an

initial license accompanied by fees specified by rule.

(b) No applicant shall engage in any of the activities

covered by this Act without a valid license and until a valid

sponsorship has been registered with the Department.

(c) Successfully completed course work, completed pursuant

to the requirements of this Section, may be applied to the

course work requirements to obtain a managing broker's or

broker's license as provided by rule. The Board may recommend

to the Department and the Department may adopt requirements

for approved courses, course content, and the approval of

courses, instructors, and education providers, as well as

education provider and instructor fees. The Department may

establish continuing education requirements for residential

licensed leasing agents, by rule, consistent with the language

and intent of this Act, with the advice of the Board.

(d) The continuing education requirement for residential

leasing agents shall consist of a single core curriculum to be

prescribed by the Department as recommended by the Board.

Leasing agents shall be required to complete no less than 8

hours of continuing education in the core curriculum during

the current term of the license. The curriculum shall, at a

minimum, consist of a single course or courses on the subjects

of fair housing and human rights issues related to residential

leasing, advertising and marketing issues, leases,

applications, credit reports, and criminal history, the

handling of funds, owner-tenant relationships and owner-tenant

laws, and environmental issues relating to residential real

estate.

(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22;

102-1100, eff. 1-1-23; revised 12-14-22.)

Section 530. The Coal Mining Act is amended by changing

Sections 2.14 and 8.11 as follows:

(225 ILCS 705/2.14) (from Ch. 96 1/2, par. 314)

Sec. 2.14. The Director shall promulgate rules, in

accordance with the Illinois Administrative Procedure Act,

necessary for the effective and orderly conduct of hearings

held pursuant to this Act. These rules shall include, but not

necessarily be limited to, the following for the benefit of

any affected operator, miner, labor representative, or other

person with a substantial interest in the hearing:

1. adequate written notice of charges against any

charged party;

2. adequate written notice of all hearings to any

affected operator, miner, labor representative, or other

interested person;

3. the right to be represented by counsel;

4. the right to present evidence; .

5. the right to cross-examine witnesses; .

6. the right to present its position orally or in

writing to the Board; .

7. the right to request issuance of subpoenas by the

Department.

(Source: P.A. 102-937, eff. 5-27-22; revised 8-22-22.)

(225 ILCS 705/8.11) (from Ch. 96 1/2, par. 811)

Sec. 8.11. In no case shall an applicant for a certificate

of competency be deemed competent unless he appears in person

before the Mining Board and orally answers intelligently and

correctly practical questions, propounded to him by said

Board, pertaining to the requirements and qualifications of a

practical miner.

(Source: P.A. 102-937, eff. 5-27-22; revised 8-22-22.)

Section 535. The Illinois Gambling Act is amended by

changing Section 7.2 as follows:

(230 ILCS 10/7.2)

Sec. 7.2. Temporary operating permits. Any person

operating under a temporary operating permit issued pursuant

to 86 Ill. Adm. Admin. Code 3000.230 shall be deemed to be

operating under the authority of an owner's license for

purposes of Section 13 of this Act. This Section shall not

affect in any way the licensure requirements of this Act.

(Source: P.A. 93-28, eff. 6-20-03; revised 2-28-22.)

Section 540. The Liquor Control Act of 1934 is amended by

changing Sections 1-3.43, 5-3, 6-9.15, 6-38, and 10-5 as

follows:

(235 ILCS 5/1-3.43)

Sec. 1-3.43. Beer showcase permit license. "Beer showcase

permit" means a license for use by a class 3 brewer, or

distributor to allow for the transfer of beer only from an

existing licensed premises of a class 3 brewer or distributor

to a designated site for a specific event.

(Source: P.A. 102-442, eff. 8-20-21; revised 2-28-22.)

(235 ILCS 5/5-3) (from Ch. 43, par. 118)

Sec. 5-3. License fees. Except as otherwise provided

herein, at the time application is made to the State

Commission for a license of any class, the applicant shall pay

to the State Commission the fee hereinafter provided for the

kind of license applied for.

The fee for licenses issued by the State Commission shall

be as follows:

Online Initial renewal license or non-online renewal

For a manufacturer's license: Class 1. Distiller ................. $4,000 $5,000 Class 2. Rectifier ................. 4,000 5,000 Class 3. Brewer .................... 1,200 1,500 Class 4. First-class Wine Manufacturer ................... 1,200 1,500 Class 5. Second-class

Wine Manufacturer .............. 1,500 1,750 Class 6. First-class wine-maker .... 1,200 1,500 Class 7. Second-class wine-maker ... 1,500 1,750 Class 8. Limited Wine Manufacturer.................... 250 350 Class 9. Craft Distiller............ 2,000 2,500 Class 10. Class 1 Craft Distiller... 50 75 Class 11. Class 2 Craft Distiller... 75 100 Class 12. Class 1 Brewer............ 50 75 Class 13. Class 2 Brewer............ 75 100 Class 14. Class 3 Brewer............ 25 50 For a Brew Pub License.............. 1,200 1,500 For a Distilling Pub License........ 1,200 1,500 For a caterer retailer's license.... 350 500 For a foreign importer's license ... 25 25 For an importing distributor's license......................... 25 25 For a distributor's license (11,250,000 gallons or over)........................ 1,450 2,200 For a distributor's license (over 4,500,000 gallons, but under 11,250,000 gallons)....... 950 1,450 For a distributor's license (4,500,000 gallons or under).... 300 450 For a non-resident dealer's license

(500,000 gallons or over) or with self-distribution privileges ..................... 1,200 1,500 For a non-resident dealer's license (under 500,000 gallons) ........ 250 350 For a wine-maker's premises license ........................ 250 500 For a winery shipper's license (under 250,000 gallons)......... 200 350 For a winery shipper's license (250,000 or over, but under 500,000 gallons).......... 750 1,000 For a winery shipper's license (500,000 gallons or over)....... 1,200 1,500 For a wine-maker's premises license, second location ....... 500 1,000 For a wine-maker's premises license, third location ........ 500 1,000 For a retailer's license ........... 600 750 For a special event retailer's license, (not-for-profit) ...... 25 25 For a beer showcase permit license, one day only ................... 100 150 2 days or more ................. 150 250 For a special use permit license, one day only ................... 100 150

2 days or more ................. 150 250 For a railroad license ............. 100 150 For a boat license ................. 500 1,000 For an airplane license, times the licensee's maximum number of aircraft in flight, serving liquor over the State at any given time, which either originate, terminate, or make an intermediate stop in the State....................... 100 150 For a non-beverage user's license: Class 1 ........................ 24 24 Class 2 ........................ 60 60 Class 3 ........................ 120 120 Class 4 ........................ 240 240 Class 5 ........................ 600 600 For a broker's license ............. 750 1,000 For an auction liquor license ...... 100 150 For a homebrewer special event permit.................... 25 25 For a craft distiller tasting permit.................. 25 25 For a BASSET trainer license........ 300 350 For a tasting representative license......................... 200 300

For a brewer warehouse permit....... 25 25 For a craft distiller warehouse permit............... 25 25

Fees collected under this Section shall be paid into the

Dram Shop Fund. The State Commission shall waive license

renewal fees for those retailers' licenses that are designated

as "1A" by the State Commission and expire on or after July 1,

2022, and on or before June 30, 2023. One-half of the funds

received for a retailer's license shall be paid into the Dram

Shop Fund and one-half of the funds received for a retailer's

license shall be paid into the General Revenue Fund.

No fee shall be paid for licenses issued by the State

Commission to the following non-beverage users:

(a) Hospitals, sanitariums, or clinics when their use

of alcoholic liquor is exclusively medicinal, mechanical

or scientific.

(b) Universities, colleges of learning or schools when

their use of alcoholic liquor is exclusively medicinal,

mechanical or scientific.

(c) Laboratories when their use is exclusively for the

purpose of scientific research.

(Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19;

102-442, eff. 8-20-21; 102-558, eff. 8-20-21; 102-699, eff.

4-19-22; revised 2-6-23.)

(235 ILCS 5/6-9.15)

Sec. 6-9.15. Quantity discounting terms for wine or

spirits cooperative purchase agreements.

(a) All wine or spirits quantity discount programs offered

to consumption off the premises retailers must be offered to

all consumption off the premises cooperative groups and

cooperative agents, ; and all quantity discount programs

offered to consumption on the premises retailers shall be

offered to all consumption on the premises cooperative groups

and cooperative agents. Quantity discount programs shall:

(1) be open and available for acceptance for 7

business days;

(2) be designed and implemented to produce product

volume growth with retail licensees;

(3) be based on the volume of product purchased;

however, discounts may include price reductions, cash, and

credits, and no-charge wine or spirits products may be

given instead of a discount;

(4) be documented on related sales invoices or credit

memoranda;

(5) not require a retail licensee to take and dispose

of any quota of wine or spirits; however, bona fide

quantity discounts shall not be deemed to be quota sales;

and

(6) not require a retail licensee to purchase one

product in order to purchase another; this includes

combination sales if one or more products may be purchased

only in combination with other products and not

individually.

(b) A distributor or importing distributor that makes

quantity discount sales to participating members of a

cooperative purchase group shall issue customary invoices to

each participating retail licensee itemizing the wine or

spirit sold and delivered as part of a quantity discount

program to each participating retail licensee.

(c) If a distributor or importing distributor offers a

quantity discount for wine or spirits, excluding any product

fermented with malt or any substitute for malt, cooperative

purchase groups shall purchase a minimum of 250 cases in each

quantity discount program. Each individual participating

member of a cooperative purchase group purchasing product

through a quantity discount program may be required to

purchase the following minimum amounts:

(1) 2% of cases of any quantity discount program of

500 or fewer cases.

(2) 1.5% of cases of any quantity discount program of

at least 501 and not more than 2,000 cases.

(3) 1% of cases of any quantity discount program of

2,001 or more cases.

(d) The cooperative agent shall place each cooperative

purchase order under the name of the cooperative purchase

group and shall identify each participating retail member

involved with the purchase, the quantity of product purchased

purchase, the price attributable to each retailer member's

purchase, and a requested delivery date. A retail licensee may

make purchases through a cooperative purchasing group or

independently of such group. Nothing in this Section shall be

construed to prohibit retail licensees from making purchases

separate and apart from any cooperative purchasing group.

(e) Each distributor or importing distributor shall

separately invoice each participating cooperative purchase

group member for the purchase made on behalf of such

participating member.

(f) A cooperative purchasing group shall maintain the

records of each cooperative purchase order placed for 90 days.

The records shall include:

(1) the date the cooperative purchasing group order

was placed and the date of any amendments to the order;

(2) the distributor or importing distributor with

which the cooperative purchasing group placed the order;

(3) the names and license numbers of each cooperative

purchasing group member participating in the order;

(4) the price discounts and net price of all wine or

spirits ordered by each cooperative purchase group member;

and

(5) the requested delivery date for the order.

(g) A cooperative purchase group is subject to the books

and records requirements of Section 6-10 and subsection (e) of

11 Ill. Adm. Admin. Code 100.130.

(h) A cooperative purchasing group shall retain a surety

bond at all times for no less than $250,000. If a cooperative

purchasing group member is delinquent in payment pursuant to

Section 6-5, the surety shall immediately pay the importing

distributor or distributor the delinquent amount. The surety

bond required by this Section may be acquired from a company,

agent, or broker of the cooperative purchase group's choice.

If the surety bond does not cure the indebtedness, the 30-day

merchandising credit requirements of Section 6-5 shall apply

jointly to each cooperative purchasing group until the

indebtedness is cured. The cooperative purchasing group is

responsible for all costs and fees related to the surety bond.

(i) Any licensee that fails to comply with the terms and

conditions of this Section may be deemed to be in violation of

this Act.

(j) Nothing in this Section shall apply to quantity

discount programs offered for any product fermented with malt

or any substitute for malt. Nothing in this the Section shall

be construed to prohibit, limit, or interfere with quantity

discount, credit, or rebate programs offered for any product

fermented with malt or any substitute for malt.

(Source: P.A. 102-442, eff. 8-20-21; revised 2-28-22.)

(235 ILCS 5/6-38)

Sec. 6-38. One-time inventory transfer of wine or spirits

by a retail licensee with multiple licenses.

(a) No original package of wine or spirits may be

transferred from one retail licensee to any other retail

licensee without permission from the State Commission pursuant

to 11 Ill. Adm. Admin. Code 100.250; however, if the same

retailer owns more than one licensed retail location, the

retailer may transfer inventory of original packages of wine

or spirits from one or more of such retailer's licensed

locations to another of that retailer's licensed locations

without prior permission from the State Commission, under the

following circumstances:

(1) acts of god (such as, but not limited to,

pandemics, fires, explosions, tornadoes, earthquakes,

drought, and floods);

(2) federal, State, or local law or ordinance change;

(3) bankruptcy;

(4) permanent or temporary closure of one or more of

the retail licensee's locations;

(5) the retail licensee obtains an additional liquor

license for a new location;

(6) a retail licensee purchases another retail

licensee's location;

(7) a new licensee opens a business at the same

location where the prior licensee conducted business, when

the new licensee takes possession of the inventory of the

immediately prior license; or

(8) other unforeseeable circumstances beyond the

control of the licensee, such as circumstances:

(A) the licensee cannot reasonably take

precautions to prevent; and

(B) in which the only reasonable method of

disposing of the alcoholic liquor products would be a

transfer to another licensee or location.

(b) The transfer shall be made by:

(1) common carrier;

(2) a licensed distributor's or importing

distributor's vehicle; or

(3) a vehicle owned and operated by the licensee.

(c) All transfers must be properly documented on a form

provided by the State Commission that includes the following

information:

(1) the license number of the retail licensee's

location from which the transfer is to be made and the

license number of the retail licensee's location to which

the transfer is to be made;

(2) the brand, size, and quantity of the wine or

spirits to be transferred; and

(3) the date the transfer is made.

(d) A retail licensee location that transfers or receives

an original package of wine or spirits as authorized by this

Section shall not be deemed to be engaged in business as a

wholesaler or distributor based upon the transfer authorized

by this Section.

(e) A transfer authorized by this Section shall not be

deemed a sale.

(Source: P.A. 102-442, eff. 8-20-21; revised 2-28-22.)

(235 ILCS 5/10-5) (from Ch. 43, par. 187)

Sec. 10-5. Whenever any officer, director, manager, or

other employee employe in a position of authority of any

licensee under this Act shall be convicted of any violation of

this Act while engaged in the course of his employment or while

upon the premises described by said license, said license

shall be revoked and the fees paid thereon forfeited both as to

the holder of said license and as to said premises, and said

bond given by said licensee to secure the faithful compliance

with the terms of this Act shall be forfeited in like manner as

if said licensee had himself been convicted.

(Source: P.A. 82-783; revised 8-19-22.)

Section 545. The Illinois Public Aid Code is amended by

changing Sections 5-3, 5-5, 5-5.01b, and 14-12 and the

headings of Articles V-G, V-H, X, XIV, and XV and by setting

forth, renumbering, and changing multiple versions of Section

5-45 as follows:

(305 ILCS 5/5-3) (from Ch. 23, par. 5-3)

Sec. 5-3. Residence.) Any person who has established his

residence in this State and lives therein, including any

person who is a migrant worker, may qualify for medical

assistance. A person who, while temporarily in this State,

suffers injury or illness endangering his life and health and

necessitating emergency care, may also qualify.

Temporary absence from the State shall not disqualify a

person from maintaining his eligibility under this Article.

As used in this Section, "migrant worker" means any person

residing temporarily and employed in Illinois who moves

seasonally from one place to another for the purpose of

employment in agricultural activities, including the planting,

raising, or harvesting of any agricultural or horticultural

commodities and the handling, packing, or processing of such

commodities on the farm where produced or at the point of first

processing, in animal husbandry, or in other activities

connected with the care of animals. Dependents of such person

shall be considered eligible if they are living with the

person during his or her temporary residence and employment in

Illinois.

In order to be eligible for medical assistance under this

section, each migrant worker shall show proof of citizenship

or legal immigration status.

(Source: P.A. 102-1030, eff. 5-27-22; revised 8-22-22.)

(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)

Sec. 5-5. Medical services. The Illinois Department, by

rule, shall determine the quantity and quality of and the rate

of reimbursement for the medical assistance for which payment

will be authorized, and the medical services to be provided,

which may include all or part of the following: (1) inpatient

hospital services; (2) outpatient hospital services; (3) other

laboratory and X-ray services; (4) skilled nursing home

services; (5) physicians' services whether furnished in the

office, the patient's home, a hospital, a skilled nursing

home, or elsewhere; (6) medical care, or any other type of

remedial care furnished by licensed practitioners; (7) home

health care services; (8) private duty nursing service; (9)

clinic services; (10) dental services, including prevention

and treatment of periodontal disease and dental caries disease

for pregnant individuals, provided by an individual licensed

to practice dentistry or dental surgery; for purposes of this

item (10), "dental services" means diagnostic, preventive, or

corrective procedures provided by or under the supervision of

a dentist in the practice of his or her profession; (11)

physical therapy and related services; (12) prescribed drugs,

dentures, and prosthetic devices; and eyeglasses prescribed by

a physician skilled in the diseases of the eye, or by an

optometrist, whichever the person may select; (13) other

diagnostic, screening, preventive, and rehabilitative

services, including to ensure that the individual's need for

intervention or treatment of mental disorders or substance use

disorders or co-occurring mental health and substance use

disorders is determined using a uniform screening, assessment,

and evaluation process inclusive of criteria, for children and

adults; for purposes of this item (13), a uniform screening,

assessment, and evaluation process refers to a process that

includes an appropriate evaluation and, as warranted, a

referral; "uniform" does not mean the use of a singular

instrument, tool, or process that all must utilize; (14)

transportation and such other expenses as may be necessary;

(15) medical treatment of sexual assault survivors, as defined

in Section 1a of the Sexual Assault Survivors Emergency

Treatment Act, for injuries sustained as a result of the

sexual assault, including examinations and laboratory tests to

discover evidence which may be used in criminal proceedings

arising from the sexual assault; (16) the diagnosis and

treatment of sickle cell anemia; (16.5) services performed by

a chiropractic physician licensed under the Medical Practice

Act of 1987 and acting within the scope of his or her license,

including, but not limited to, chiropractic manipulative

treatment; and (17) any other medical care, and any other type

of remedial care recognized under the laws of this State. The

term "any other type of remedial care" shall include nursing

care and nursing home service for persons who rely on

treatment by spiritual means alone through prayer for healing.

Notwithstanding any other provision of this Section, a

comprehensive tobacco use cessation program that includes

purchasing prescription drugs or prescription medical devices

approved by the Food and Drug Administration shall be covered

under the medical assistance program under this Article for

persons who are otherwise eligible for assistance under this

Article.

Notwithstanding any other provision of this Code,

reproductive health care that is otherwise legal in Illinois

shall be covered under the medical assistance program for

persons who are otherwise eligible for medical assistance

under this Article.

Notwithstanding any other provision of this Section, all

tobacco cessation medications approved by the United States

Food and Drug Administration and all individual and group

tobacco cessation counseling services and telephone-based

counseling services and tobacco cessation medications provided

through the Illinois Tobacco Quitline shall be covered under

the medical assistance program for persons who are otherwise

eligible for assistance under this Article. The Department

shall comply with all federal requirements necessary to obtain

federal financial participation, as specified in 42 CFR

433.15(b)(7), for telephone-based counseling services provided

through the Illinois Tobacco Quitline, including, but not

limited to: (i) entering into a memorandum of understanding or

interagency agreement with the Department of Public Health, as

administrator of the Illinois Tobacco Quitline; and (ii)

developing a cost allocation plan for Medicaid-allowable

Illinois Tobacco Quitline services in accordance with 45 CFR

95.507. The Department shall submit the memorandum of

understanding or interagency agreement, the cost allocation

plan, and all other necessary documentation to the Centers for

Medicare and Medicaid Services for review and approval.

Coverage under this paragraph shall be contingent upon federal

approval.

Notwithstanding any other provision of this Code, the

Illinois Department may not require, as a condition of payment

for any laboratory test authorized under this Article, that a

physician's handwritten signature appear on the laboratory

test order form. The Illinois Department may, however, impose

other appropriate requirements regarding laboratory test order

documentation.

Upon receipt of federal approval of an amendment to the

Illinois Title XIX State Plan for this purpose, the Department

shall authorize the Chicago Public Schools (CPS) to procure a

vendor or vendors to manufacture eyeglasses for individuals

enrolled in a school within the CPS system. CPS shall ensure

that its vendor or vendors are enrolled as providers in the

medical assistance program and in any capitated Medicaid

managed care entity (MCE) serving individuals enrolled in a

school within the CPS system. Under any contract procured

under this provision, the vendor or vendors must serve only

individuals enrolled in a school within the CPS system. Claims

for services provided by CPS's vendor or vendors to recipients

of benefits in the medical assistance program under this Code,

the Children's Health Insurance Program, or the Covering ALL

KIDS Health Insurance Program shall be submitted to the

Department or the MCE in which the individual is enrolled for

payment and shall be reimbursed at the Department's or the

MCE's established rates or rate methodologies for eyeglasses.

On and after July 1, 2012, the Department of Healthcare

and Family Services may provide the following services to

persons eligible for assistance under this Article who are

participating in education, training or employment programs

operated by the Department of Human Services as successor to

the Department of Public Aid:

(1) dental services provided by or under the

supervision of a dentist; and

(2) eyeglasses prescribed by a physician skilled in

the diseases of the eye, or by an optometrist, whichever

the person may select.

On and after July 1, 2018, the Department of Healthcare

and Family Services shall provide dental services to any adult

who is otherwise eligible for assistance under the medical

assistance program. As used in this paragraph, "dental

services" means diagnostic, preventative, restorative, or

corrective procedures, including procedures and services for

the prevention and treatment of periodontal disease and dental

caries disease, provided by an individual who is licensed to

practice dentistry or dental surgery or who is under the

supervision of a dentist in the practice of his or her

profession.

On and after July 1, 2018, targeted dental services, as

set forth in Exhibit D of the Consent Decree entered by the

United States District Court for the Northern District of

Illinois, Eastern Division, in the matter of Memisovski v.

Maram, Case No. 92 C 1982, that are provided to adults under

the medical assistance program shall be established at no less

than the rates set forth in the "New Rate" column in Exhibit D

of the Consent Decree for targeted dental services that are

provided to persons under the age of 18 under the medical

assistance program.

Notwithstanding any other provision of this Code and

subject to federal approval, the Department may adopt rules to

allow a dentist who is volunteering his or her service at no

cost to render dental services through an enrolled

not-for-profit health clinic without the dentist personally

enrolling as a participating provider in the medical

assistance program. A not-for-profit health clinic shall

include a public health clinic or Federally Qualified Health

Center or other enrolled provider, as determined by the

Department, through which dental services covered under this

Section are performed. The Department shall establish a

process for payment of claims for reimbursement for covered

dental services rendered under this provision.

On and after January 1, 2022, the Department of Healthcare

and Family Services shall administer and regulate a

school-based dental program that allows for the out-of-office

delivery of preventative dental services in a school setting

to children under 19 years of age. The Department shall

establish, by rule, guidelines for participation by providers

and set requirements for follow-up referral care based on the

requirements established in the Dental Office Reference Manual

published by the Department that establishes the requirements

for dentists participating in the All Kids Dental School

Program. Every effort shall be made by the Department when

developing the program requirements to consider the different

geographic differences of both urban and rural areas of the

State for initial treatment and necessary follow-up care. No

provider shall be charged a fee by any unit of local government

to participate in the school-based dental program administered

by the Department. Nothing in this paragraph shall be

construed to limit or preempt a home rule unit's or school

district's authority to establish, change, or administer a

school-based dental program in addition to, or independent of,

the school-based dental program administered by the

Department.

The Illinois Department, by rule, may distinguish and

classify the medical services to be provided only in

accordance with the classes of persons designated in Section

5-2.

The Department of Healthcare and Family Services must

provide coverage and reimbursement for amino acid-based

elemental formulas, regardless of delivery method, for the

diagnosis and treatment of (i) eosinophilic disorders and (ii)

short bowel syndrome when the prescribing physician has issued

a written order stating that the amino acid-based elemental

formula is medically necessary.

The Illinois Department shall authorize the provision of,

and shall authorize payment for, screening by low-dose

mammography for the presence of occult breast cancer for

individuals 35 years of age or older who are eligible for

medical assistance under this Article, as follows:

(A) A baseline mammogram for individuals 35 to 39

years of age.

(B) An annual mammogram for individuals 40 years of

age or older.

(C) A mammogram at the age and intervals considered

medically necessary by the individual's health care

provider for individuals under 40 years of age and having

a family history of breast cancer, prior personal history

of breast cancer, positive genetic testing, or other risk

factors.

(D) A comprehensive ultrasound screening and MRI of an

entire breast or breasts if a mammogram demonstrates

heterogeneous or dense breast tissue or when medically

necessary as determined by a physician licensed to

practice medicine in all of its branches.

(E) A screening MRI when medically necessary, as

determined by a physician licensed to practice medicine in

all of its branches.

(F) A diagnostic mammogram when medically necessary,

as determined by a physician licensed to practice medicine

in all its branches, advanced practice registered nurse,

or physician assistant.

The Department shall not impose a deductible, coinsurance,

copayment, or any other cost-sharing requirement on the

coverage provided under this paragraph; except that this

sentence does not apply to coverage of diagnostic mammograms

to the extent such coverage would disqualify a high-deductible

health plan from eligibility for a health savings account

pursuant to Section 223 of the Internal Revenue Code (26

U.S.C. 223).

All screenings shall include a physical breast exam,

instruction on self-examination and information regarding the

frequency of self-examination and its value as a preventative

tool.

For purposes of this Section:

"Diagnostic mammogram" means a mammogram obtained using

diagnostic mammography.

"Diagnostic mammography" means a method of screening that

is designed to evaluate an abnormality in a breast, including

an abnormality seen or suspected on a screening mammogram or a

subjective or objective abnormality otherwise detected in the

breast.

"Low-dose mammography" means the x-ray examination of the

breast using equipment dedicated specifically for mammography,

including the x-ray tube, filter, compression device, and

image receptor, with an average radiation exposure delivery of

less than one rad per breast for 2 views of an average size

breast. The term also includes digital mammography and

includes breast tomosynthesis.

"Breast tomosynthesis" means a radiologic procedure that

involves the acquisition of projection images over the

stationary breast to produce cross-sectional digital

three-dimensional images of the breast.

If, at any time, the Secretary of the United States

Department of Health and Human Services, or its successor

agency, promulgates rules or regulations to be published in

the Federal Register or publishes a comment in the Federal

Register or issues an opinion, guidance, or other action that

would require the State, pursuant to any provision of the

Patient Protection and Affordable Care Act (Public Law

111-148), including, but not limited to, 42 U.S.C.

18031(d)(3)(B) or any successor provision, to defray the cost

of any coverage for breast tomosynthesis outlined in this

paragraph, then the requirement that an insurer cover breast

tomosynthesis is inoperative other than any such coverage

authorized under Section 1902 of the Social Security Act, 42

U.S.C. 1396a, and the State shall not assume any obligation

for the cost of coverage for breast tomosynthesis set forth in

this paragraph.

On and after January 1, 2016, the Department shall ensure

that all networks of care for adult clients of the Department

include access to at least one breast imaging Center of

Imaging Excellence as certified by the American College of

Radiology.

On and after January 1, 2012, providers participating in a

quality improvement program approved by the Department shall

be reimbursed for screening and diagnostic mammography at the

same rate as the Medicare program's rates, including the

increased reimbursement for digital mammography and, after

January 1, 2023 (the effective date of Public Act 102-1018)

this amendatory Act of the 102nd General Assembly, breast

tomosynthesis.

The Department shall convene an expert panel including

representatives of hospitals, free-standing mammography

facilities, and doctors, including radiologists, to establish

quality standards for mammography.

On and after January 1, 2017, providers participating in a

breast cancer treatment quality improvement program approved

by the Department shall be reimbursed for breast cancer

treatment at a rate that is no lower than 95% of the Medicare

program's rates for the data elements included in the breast

cancer treatment quality program.

The Department shall convene an expert panel, including

representatives of hospitals, free-standing breast cancer

treatment centers, breast cancer quality organizations, and

doctors, including breast surgeons, reconstructive breast

surgeons, oncologists, and primary care providers to establish

quality standards for breast cancer treatment.

Subject to federal approval, the Department shall

establish a rate methodology for mammography at federally

qualified health centers and other encounter-rate clinics.

These clinics or centers may also collaborate with other

hospital-based mammography facilities. By January 1, 2016, the

Department shall report to the General Assembly on the status

of the provision set forth in this paragraph.

The Department shall establish a methodology to remind

individuals who are age-appropriate for screening mammography,

but who have not received a mammogram within the previous 18

months, of the importance and benefit of screening

mammography. The Department shall work with experts in breast

cancer outreach and patient navigation to optimize these

reminders and shall establish a methodology for evaluating

their effectiveness and modifying the methodology based on the

evaluation.

The Department shall establish a performance goal for

primary care providers with respect to their female patients

over age 40 receiving an annual mammogram. This performance

goal shall be used to provide additional reimbursement in the

form of a quality performance bonus to primary care providers

who meet that goal.

The Department shall devise a means of case-managing or

patient navigation for beneficiaries diagnosed with breast

cancer. This program shall initially operate as a pilot

program in areas of the State with the highest incidence of

mortality related to breast cancer. At least one pilot program

site shall be in the metropolitan Chicago area and at least one

site shall be outside the metropolitan Chicago area. On or

after July 1, 2016, the pilot program shall be expanded to

include one site in western Illinois, one site in southern

Illinois, one site in central Illinois, and 4 sites within

metropolitan Chicago. An evaluation of the pilot program shall

be carried out measuring health outcomes and cost of care for

those served by the pilot program compared to similarly

situated patients who are not served by the pilot program.

The Department shall require all networks of care to

develop a means either internally or by contract with experts

in navigation and community outreach to navigate cancer

patients to comprehensive care in a timely fashion. The

Department shall require all networks of care to include

access for patients diagnosed with cancer to at least one

academic commission on cancer-accredited cancer program as an

in-network covered benefit.

The Department shall provide coverage and reimbursement

for a human papillomavirus (HPV) vaccine that is approved for

marketing by the federal Food and Drug Administration for all

persons between the ages of 9 and 45 and persons of the age of

46 and above who have been diagnosed with cervical dysplasia

with a high risk of recurrence or progression. The Department

shall disallow any preauthorization requirements for the

administration of the human papillomavirus (HPV) vaccine.

On or after July 1, 2022, individuals who are otherwise

eligible for medical assistance under this Article shall

receive coverage for perinatal depression screenings for the

12-month period beginning on the last day of their pregnancy.

Medical assistance coverage under this paragraph shall be

conditioned on the use of a screening instrument approved by

the Department.

Any medical or health care provider shall immediately

recommend, to any pregnant individual who is being provided

prenatal services and is suspected of having a substance use

disorder as defined in the Substance Use Disorder Act,

referral to a local substance use disorder treatment program

licensed by the Department of Human Services or to a licensed

hospital which provides substance abuse treatment services.

The Department of Healthcare and Family Services shall assure

coverage for the cost of treatment of the drug abuse or

addiction for pregnant recipients in accordance with the

Illinois Medicaid Program in conjunction with the Department

of Human Services.

All medical providers providing medical assistance to

pregnant individuals under this Code shall receive information

from the Department on the availability of services under any

program providing case management services for addicted

individuals, including information on appropriate referrals

for other social services that may be needed by addicted

individuals in addition to treatment for addiction.

The Illinois Department, in cooperation with the

Departments of Human Services (as successor to the Department

of Alcoholism and Substance Abuse) and Public Health, through

a public awareness campaign, may provide information

concerning treatment for alcoholism and drug abuse and

addiction, prenatal health care, and other pertinent programs

directed at reducing the number of drug-affected infants born

to recipients of medical assistance.

Neither the Department of Healthcare and Family Services

nor the Department of Human Services shall sanction the

recipient solely on the basis of the recipient's substance

abuse.

The Illinois Department shall establish such regulations

governing the dispensing of health services under this Article

as it shall deem appropriate. The Department should seek the

advice of formal professional advisory committees appointed by

the Director of the Illinois Department for the purpose of

providing regular advice on policy and administrative matters,

information dissemination and educational activities for

medical and health care providers, and consistency in

procedures to the Illinois Department.

The Illinois Department may develop and contract with

Partnerships of medical providers to arrange medical services

for persons eligible under Section 5-2 of this Code.

Implementation of this Section may be by demonstration

projects in certain geographic areas. The Partnership shall be

represented by a sponsor organization. The Department, by

rule, shall develop qualifications for sponsors of

Partnerships. Nothing in this Section shall be construed to

require that the sponsor organization be a medical

organization.

The sponsor must negotiate formal written contracts with

medical providers for physician services, inpatient and

outpatient hospital care, home health services, treatment for

alcoholism and substance abuse, and other services determined

necessary by the Illinois Department by rule for delivery by

Partnerships. Physician services must include prenatal and

obstetrical care. The Illinois Department shall reimburse

medical services delivered by Partnership providers to clients

in target areas according to provisions of this Article and

the Illinois Health Finance Reform Act, except that:

(1) Physicians participating in a Partnership and

providing certain services, which shall be determined by

the Illinois Department, to persons in areas covered by

the Partnership may receive an additional surcharge for

such services.

(2) The Department may elect to consider and negotiate

financial incentives to encourage the development of

Partnerships and the efficient delivery of medical care.

(3) Persons receiving medical services through

Partnerships may receive medical and case management

services above the level usually offered through the

medical assistance program.

Medical providers shall be required to meet certain

qualifications to participate in Partnerships to ensure the

delivery of high quality medical services. These

qualifications shall be determined by rule of the Illinois

Department and may be higher than qualifications for

participation in the medical assistance program. Partnership

sponsors may prescribe reasonable additional qualifications

for participation by medical providers, only with the prior

written approval of the Illinois Department.

Nothing in this Section shall limit the free choice of

practitioners, hospitals, and other providers of medical

services by clients. In order to ensure patient freedom of

choice, the Illinois Department shall immediately promulgate

all rules and take all other necessary actions so that

provided services may be accessed from therapeutically

certified optometrists to the full extent of the Illinois

Optometric Practice Act of 1987 without discriminating between

service providers.

The Department shall apply for a waiver from the United

States Health Care Financing Administration to allow for the

implementation of Partnerships under this Section.

The Illinois Department shall require health care

providers to maintain records that document the medical care

and services provided to recipients of Medical Assistance

under this Article. Such records must be retained for a period

of not less than 6 years from the date of service or as

provided by applicable State law, whichever period is longer,

except that if an audit is initiated within the required

retention period then the records must be retained until the

audit is completed and every exception is resolved. The

Illinois Department shall require health care providers to

make available, when authorized by the patient, in writing,

the medical records in a timely fashion to other health care

providers who are treating or serving persons eligible for

Medical Assistance under this Article. All dispensers of

medical services shall be required to maintain and retain

business and professional records sufficient to fully and

accurately document the nature, scope, details and receipt of

the health care provided to persons eligible for medical

assistance under this Code, in accordance with regulations

promulgated by the Illinois Department. The rules and

regulations shall require that proof of the receipt of

prescription drugs, dentures, prosthetic devices and

eyeglasses by eligible persons under this Section accompany

each claim for reimbursement submitted by the dispenser of

such medical services. No such claims for reimbursement shall

be approved for payment by the Illinois Department without

such proof of receipt, unless the Illinois Department shall

have put into effect and shall be operating a system of

post-payment audit and review which shall, on a sampling

basis, be deemed adequate by the Illinois Department to assure

that such drugs, dentures, prosthetic devices and eyeglasses

for which payment is being made are actually being received by

eligible recipients. Within 90 days after September 16, 1984

(the effective date of Public Act 83-1439), the Illinois

Department shall establish a current list of acquisition costs

for all prosthetic devices and any other items recognized as

medical equipment and supplies reimbursable under this Article

and shall update such list on a quarterly basis, except that

the acquisition costs of all prescription drugs shall be

updated no less frequently than every 30 days as required by

Section 5-5.12.

Notwithstanding any other law to the contrary, the

Illinois Department shall, within 365 days after July 22, 2013

(the effective date of Public Act 98-104), establish

procedures to permit skilled care facilities licensed under

the Nursing Home Care Act to submit monthly billing claims for

reimbursement purposes. Following development of these

procedures, the Department shall, by July 1, 2016, test the

viability of the new system and implement any necessary

operational or structural changes to its information

technology platforms in order to allow for the direct

acceptance and payment of nursing home claims.

Notwithstanding any other law to the contrary, the

Illinois Department shall, within 365 days after August 15,

2014 (the effective date of Public Act 98-963), establish

procedures to permit ID/DD facilities licensed under the ID/DD

Community Care Act and MC/DD facilities licensed under the

MC/DD Act to submit monthly billing claims for reimbursement

purposes. Following development of these procedures, the

Department shall have an additional 365 days to test the

viability of the new system and to ensure that any necessary

operational or structural changes to its information

technology platforms are implemented.

The Illinois Department shall require all dispensers of

medical services, other than an individual practitioner or

group of practitioners, desiring to participate in the Medical

Assistance program established under this Article to disclose

all financial, beneficial, ownership, equity, surety or other

interests in any and all firms, corporations, partnerships,

associations, business enterprises, joint ventures, agencies,

institutions or other legal entities providing any form of

health care services in this State under this Article.

The Illinois Department may require that all dispensers of

medical services desiring to participate in the medical

assistance program established under this Article disclose,

under such terms and conditions as the Illinois Department may

by rule establish, all inquiries from clients and attorneys

regarding medical bills paid by the Illinois Department, which

inquiries could indicate potential existence of claims or

liens for the Illinois Department.

Enrollment of a vendor shall be subject to a provisional

period and shall be conditional for one year. During the

period of conditional enrollment, the Department may terminate

the vendor's eligibility to participate in, or may disenroll

the vendor from, the medical assistance program without cause.

Unless otherwise specified, such termination of eligibility or

disenrollment is not subject to the Department's hearing

process. However, a disenrolled vendor may reapply without

penalty.

The Department has the discretion to limit the conditional

enrollment period for vendors based upon the category of risk

of the vendor.

Prior to enrollment and during the conditional enrollment

period in the medical assistance program, all vendors shall be

subject to enhanced oversight, screening, and review based on

the risk of fraud, waste, and abuse that is posed by the

category of risk of the vendor. The Illinois Department shall

establish the procedures for oversight, screening, and review,

which may include, but need not be limited to: criminal and

financial background checks; fingerprinting; license,

certification, and authorization verifications; unscheduled or

unannounced site visits; database checks; prepayment audit

reviews; audits; payment caps; payment suspensions; and other

screening as required by federal or State law.

The Department shall define or specify the following: (i)

by provider notice, the "category of risk of the vendor" for

each type of vendor, which shall take into account the level of

screening applicable to a particular category of vendor under

federal law and regulations; (ii) by rule or provider notice,

the maximum length of the conditional enrollment period for

each category of risk of the vendor; and (iii) by rule, the

hearing rights, if any, afforded to a vendor in each category

of risk of the vendor that is terminated or disenrolled during

the conditional enrollment period.

To be eligible for payment consideration, a vendor's

payment claim or bill, either as an initial claim or as a

resubmitted claim following prior rejection, must be received

by the Illinois Department, or its fiscal intermediary, no

later than 180 days after the latest date on the claim on which

medical goods or services were provided, with the following

exceptions:

(1) In the case of a provider whose enrollment is in

process by the Illinois Department, the 180-day period

shall not begin until the date on the written notice from

the Illinois Department that the provider enrollment is

complete.

(2) In the case of errors attributable to the Illinois

Department or any of its claims processing intermediaries

which result in an inability to receive, process, or

adjudicate a claim, the 180-day period shall not begin

until the provider has been notified of the error.

(3) In the case of a provider for whom the Illinois

Department initiates the monthly billing process.

(4) In the case of a provider operated by a unit of

local government with a population exceeding 3,000,000

when local government funds finance federal participation

for claims payments.

For claims for services rendered during a period for which

a recipient received retroactive eligibility, claims must be

filed within 180 days after the Department determines the

applicant is eligible. For claims for which the Illinois

Department is not the primary payer, claims must be submitted

to the Illinois Department within 180 days after the final

adjudication by the primary payer.

In the case of long term care facilities, within 120

calendar days of receipt by the facility of required

prescreening information, new admissions with associated

admission documents shall be submitted through the Medical

Electronic Data Interchange (MEDI) or the Recipient

Eligibility Verification (REV) System or shall be submitted

directly to the Department of Human Services using required

admission forms. Effective September 1, 2014, admission

documents, including all prescreening information, must be

submitted through MEDI or REV. Confirmation numbers assigned

to an accepted transaction shall be retained by a facility to

verify timely submittal. Once an admission transaction has

been completed, all resubmitted claims following prior

rejection are subject to receipt no later than 180 days after

the admission transaction has been completed.

Claims that are not submitted and received in compliance

with the foregoing requirements shall not be eligible for

payment under the medical assistance program, and the State

shall have no liability for payment of those claims.

To the extent consistent with applicable information and

privacy, security, and disclosure laws, State and federal

agencies and departments shall provide the Illinois Department

access to confidential and other information and data

necessary to perform eligibility and payment verifications and

other Illinois Department functions. This includes, but is not

limited to: information pertaining to licensure;

certification; earnings; immigration status; citizenship; wage

reporting; unearned and earned income; pension income;

employment; supplemental security income; social security

numbers; National Provider Identifier (NPI) numbers; the

National Practitioner Data Bank (NPDB); program and agency

exclusions; taxpayer identification numbers; tax delinquency;

corporate information; and death records.

The Illinois Department shall enter into agreements with

State agencies and departments, and is authorized to enter

into agreements with federal agencies and departments, under

which such agencies and departments shall share data necessary

for medical assistance program integrity functions and

oversight. The Illinois Department shall develop, in

cooperation with other State departments and agencies, and in

compliance with applicable federal laws and regulations,

appropriate and effective methods to share such data. At a

minimum, and to the extent necessary to provide data sharing,

the Illinois Department shall enter into agreements with State

agencies and departments, and is authorized to enter into

agreements with federal agencies and departments, including,

but not limited to: the Secretary of State; the Department of

Revenue; the Department of Public Health; the Department of

Human Services; and the Department of Financial and

Professional Regulation.

Beginning in fiscal year 2013, the Illinois Department

shall set forth a request for information to identify the

benefits of a pre-payment, post-adjudication, and post-edit

claims system with the goals of streamlining claims processing

and provider reimbursement, reducing the number of pending or

rejected claims, and helping to ensure a more transparent

adjudication process through the utilization of: (i) provider

data verification and provider screening technology; and (ii)

clinical code editing; and (iii) pre-pay, pre-adjudicated pre-

or post-adjudicated predictive modeling with an integrated

case management system with link analysis. Such a request for

information shall not be considered as a request for proposal

or as an obligation on the part of the Illinois Department to

take any action or acquire any products or services.

The Illinois Department shall establish policies,

procedures, standards and criteria by rule for the

acquisition, repair and replacement of orthotic and prosthetic

devices and durable medical equipment. Such rules shall

provide, but not be limited to, the following services: (1)

immediate repair or replacement of such devices by recipients;

and (2) rental, lease, purchase or lease-purchase of durable

medical equipment in a cost-effective manner, taking into

consideration the recipient's medical prognosis, the extent of

the recipient's needs, and the requirements and costs for

maintaining such equipment. Subject to prior approval, such

rules shall enable a recipient to temporarily acquire and use

alternative or substitute devices or equipment pending repairs

or replacements of any device or equipment previously

authorized for such recipient by the Department.

Notwithstanding any provision of Section 5-5f to the contrary,

the Department may, by rule, exempt certain replacement

wheelchair parts from prior approval and, for wheelchairs,

wheelchair parts, wheelchair accessories, and related seating

and positioning items, determine the wholesale price by

methods other than actual acquisition costs.

The Department shall require, by rule, all providers of

durable medical equipment to be accredited by an accreditation

organization approved by the federal Centers for Medicare and

Medicaid Services and recognized by the Department in order to

bill the Department for providing durable medical equipment to

recipients. No later than 15 months after the effective date

of the rule adopted pursuant to this paragraph, all providers

must meet the accreditation requirement.

In order to promote environmental responsibility, meet the

needs of recipients and enrollees, and achieve significant

cost savings, the Department, or a managed care organization

under contract with the Department, may provide recipients or

managed care enrollees who have a prescription or Certificate

of Medical Necessity access to refurbished durable medical

equipment under this Section (excluding prosthetic and

orthotic devices as defined in the Orthotics, Prosthetics, and

Pedorthics Practice Act and complex rehabilitation technology

products and associated services) through the State's

assistive technology program's reutilization program, using

staff with the Assistive Technology Professional (ATP)

Certification if the refurbished durable medical equipment:

(i) is available; (ii) is less expensive, including shipping

costs, than new durable medical equipment of the same type;

(iii) is able to withstand at least 3 years of use; (iv) is

cleaned, disinfected, sterilized, and safe in accordance with

federal Food and Drug Administration regulations and guidance

governing the reprocessing of medical devices in health care

settings; and (v) equally meets the needs of the recipient or

enrollee. The reutilization program shall confirm that the

recipient or enrollee is not already in receipt of the same or

similar equipment from another service provider, and that the

refurbished durable medical equipment equally meets the needs

of the recipient or enrollee. Nothing in this paragraph shall

be construed to limit recipient or enrollee choice to obtain

new durable medical equipment or place any additional prior

authorization conditions on enrollees of managed care

organizations.

The Department shall execute, relative to the nursing home

prescreening project, written inter-agency agreements with the

Department of Human Services and the Department on Aging, to

effect the following: (i) intake procedures and common

eligibility criteria for those persons who are receiving

non-institutional services; and (ii) the establishment and

development of non-institutional services in areas of the

State where they are not currently available or are

undeveloped; and (iii) notwithstanding any other provision of

law, subject to federal approval, on and after July 1, 2012, an

increase in the determination of need (DON) scores from 29 to

37 for applicants for institutional and home and

community-based long term care; if and only if federal

approval is not granted, the Department may, in conjunction

with other affected agencies, implement utilization controls

or changes in benefit packages to effectuate a similar savings

amount for this population; and (iv) no later than July 1,

2013, minimum level of care eligibility criteria for

institutional and home and community-based long term care; and

(v) no later than October 1, 2013, establish procedures to

permit long term care providers access to eligibility scores

for individuals with an admission date who are seeking or

receiving services from the long term care provider. In order

to select the minimum level of care eligibility criteria, the

Governor shall establish a workgroup that includes affected

agency representatives and stakeholders representing the

institutional and home and community-based long term care

interests. This Section shall not restrict the Department from

implementing lower level of care eligibility criteria for

community-based services in circumstances where federal

approval has been granted.

The Illinois Department shall develop and operate, in

cooperation with other State Departments and agencies and in

compliance with applicable federal laws and regulations,

appropriate and effective systems of health care evaluation

and programs for monitoring of utilization of health care

services and facilities, as it affects persons eligible for

medical assistance under this Code.

The Illinois Department shall report annually to the

General Assembly, no later than the second Friday in April of

1979 and each year thereafter, in regard to:

(a) actual statistics and trends in utilization of

medical services by public aid recipients;

(b) actual statistics and trends in the provision of

the various medical services by medical vendors;

(c) current rate structures and proposed changes in

those rate structures for the various medical vendors; and

(d) efforts at utilization review and control by the

Illinois Department.

The period covered by each report shall be the 3 years

ending on the June 30 prior to the report. The report shall

include suggested legislation for consideration by the General

Assembly. The requirement for reporting to the General

Assembly shall be satisfied by filing copies of the report as

required by Section 3.1 of the General Assembly Organization

Act, and filing such additional copies with the State

Government Report Distribution Center for the General Assembly

as is required under paragraph (t) of Section 7 of the State

Library Act.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

On and after July 1, 2012, the Department shall reduce any

rate of reimbursement for services or other payments or alter

any methodologies authorized by this Code to reduce any rate

of reimbursement for services or other payments in accordance

with Section 5-5e.

Because kidney transplantation can be an appropriate,

cost-effective alternative to renal dialysis when medically

necessary and notwithstanding the provisions of Section 1-11

of this Code, beginning October 1, 2014, the Department shall

cover kidney transplantation for noncitizens with end-stage

renal disease who are not eligible for comprehensive medical

benefits, who meet the residency requirements of Section 5-3

of this Code, and who would otherwise meet the financial

requirements of the appropriate class of eligible persons

under Section 5-2 of this Code. To qualify for coverage of

kidney transplantation, such person must be receiving

emergency renal dialysis services covered by the Department.

Providers under this Section shall be prior approved and

certified by the Department to perform kidney transplantation

and the services under this Section shall be limited to

services associated with kidney transplantation.

Notwithstanding any other provision of this Code to the

contrary, on or after July 1, 2015, all FDA approved forms of

medication assisted treatment prescribed for the treatment of

alcohol dependence or treatment of opioid dependence shall be

covered under both fee for service and managed care medical

assistance programs for persons who are otherwise eligible for

medical assistance under this Article and shall not be subject

to any (1) utilization control, other than those established

under the American Society of Addiction Medicine patient

placement criteria, (2) prior authorization mandate, or (3)

lifetime restriction limit mandate.

On or after July 1, 2015, opioid antagonists prescribed

for the treatment of an opioid overdose, including the

medication product, administration devices, and any pharmacy

fees or hospital fees related to the dispensing, distribution,

and administration of the opioid antagonist, shall be covered

under the medical assistance program for persons who are

otherwise eligible for medical assistance under this Article.

As used in this Section, "opioid antagonist" means a drug that

binds to opioid receptors and blocks or inhibits the effect of

opioids acting on those receptors, including, but not limited

to, naloxone hydrochloride or any other similarly acting drug

approved by the U.S. Food and Drug Administration. The

Department shall not impose a copayment on the coverage

provided for naloxone hydrochloride under the medical

assistance program.

Upon federal approval, the Department shall provide

coverage and reimbursement for all drugs that are approved for

marketing by the federal Food and Drug Administration and that

are recommended by the federal Public Health Service or the

United States Centers for Disease Control and Prevention for

pre-exposure prophylaxis and related pre-exposure prophylaxis

services, including, but not limited to, HIV and sexually

transmitted infection screening, treatment for sexually

transmitted infections, medical monitoring, assorted labs, and

counseling to reduce the likelihood of HIV infection among

individuals who are not infected with HIV but who are at high

risk of HIV infection.

A federally qualified health center, as defined in Section

1905(l)(2)(B) of the federal Social Security Act, shall be

reimbursed by the Department in accordance with the federally

qualified health center's encounter rate for services provided

to medical assistance recipients that are performed by a

dental hygienist, as defined under the Illinois Dental

Practice Act, working under the general supervision of a

dentist and employed by a federally qualified health center.

Within 90 days after October 8, 2021 (the effective date

of Public Act 102-665), the Department shall seek federal

approval of a State Plan amendment to expand coverage for

family planning services that includes presumptive eligibility

to individuals whose income is at or below 208% of the federal

poverty level. Coverage under this Section shall be effective

beginning no later than December 1, 2022.

Subject to approval by the federal Centers for Medicare

and Medicaid Services of a Title XIX State Plan amendment

electing the Program of All-Inclusive Care for the Elderly

(PACE) as a State Medicaid option, as provided for by Subtitle

I (commencing with Section 4801) of Title IV of the Balanced

Budget Act of 1997 (Public Law 105-33) and Part 460

(commencing with Section 460.2) of Subchapter E of Title 42 of

the Code of Federal Regulations, PACE program services shall

become a covered benefit of the medical assistance program,

subject to criteria established in accordance with all

applicable laws.

Notwithstanding any other provision of this Code,

community-based pediatric palliative care from a trained

interdisciplinary team shall be covered under the medical

assistance program as provided in Section 15 of the Pediatric

Palliative Care Act.

Notwithstanding any other provision of this Code, within

12 months after June 2, 2022 (the effective date of Public Act

102-1037) this amendatory Act of the 102nd General Assembly

and subject to federal approval, acupuncture services

performed by an acupuncturist licensed under the Acupuncture

Practice Act who is acting within the scope of his or her

license shall be covered under the medical assistance program.

The Department shall apply for any federal waiver or State

Plan amendment, if required, to implement this paragraph. The

Department may adopt any rules, including standards and

criteria, necessary to implement this paragraph.

(Source: P.A. 101-209, eff. 8-5-19; 101-580, eff. 1-1-20;

102-43, Article 30, Section 30-5, eff. 7-6-21; 102-43, Article

35, Section 35-5, eff. 7-6-21; 102-43, Article 55, Section

55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, eff. 1-1-22;

102-558, eff. 8-20-21; 102-598, eff. 1-1-22; 102-655, eff.

1-1-22; 102-665, eff. 10-8-21; 102-813, eff. 5-13-22;

102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22; 102-1038 eff.

1-1-23; revised 2-5-23.)

(305 ILCS 5/5-5.01b)

Sec. 5-5.01b. Certified Nursing Assistant Intern Program.

(a) The Department shall establish or approve a Certified

Nursing Assistant Intern Program to address the increasing

need for trained health care workers for the supporting living

facilities program established under Section 5-5.01a. Upon

successful completion of the classroom education and

on-the-job training requirements of the Program under this

Section, an individual may provide, at a facility certified

under this Act, the patient and resident care services

determined under the Program and may perform the procedures

listed under subsection (d).

(b) In order to qualify as a certified nursing assistant

intern, an individual shall successfully complete at least 8

hours of classroom education on the services and procedures

listed under subsection (d). The classroom education shall be:

(1) taken within the facility where the certified

nursing assistant intern will be employed;

(2) proctored by either an advanced practice

registered nurse or a registered nurse who holds a

bachelor's degree in nursing, has a minimum of 3 years of

continuous experience in geriatric care, or is certified

as a nursing assistant instructor; and

(3) satisfied by the successful completion of an

approved 8-hour online training course or in-person group

training.

(c) In order to qualify as a certified nursing assistant

intern, an individual shall successfully complete at least 24

hours of on-the-job training in the services and procedures

determined under the Program and listed under subsection (d),

as follows:

(1) The training program instructor shall be either an

advanced practice registered nurse or a registered nurse

who holds a bachelor's degree in nursing, has a minimum of

3 years of continuous experience in geriatric care, or is

certified as a nursing assistant instructor.

(2) The training program instructor shall ensure that

the student meets the competencies determined under the

Program and those listed under subsection (d). The

instructor shall document the successful completion or

failure of the competencies and any remediation that may

allow for the successful completion of the competencies.

(3) All on-the-job training shall be under the direct

observation of either an advanced practice registered

nurse or a registered nurse who holds a bachelor's degree

in nursing, has a minimum of 3 years of continuous

experience in geriatric care, or is certified as a nursing

assistant instructor.

(4) All on-the-job training shall be conducted at a

facility that is licensed by the State of Illinois and

that is the facility where the certified nursing assistant

intern will be working.

(d) A certified nursing assistant intern shall receive

classroom and on-the-job training on how to provide the

patient or resident care services and procedures, as

determined under the Program, that are required of a certified

nursing assistant's performance skills, including, but not

limited to, all of the following:

(1) Successful completion and maintenance of active

certification in both first aid and the American Red

Cross' courses on cardiopulmonary resuscitation.

(2) Infection control and in-service training required

at the facility.

(3) Washing a resident's hands.

(4) Performing oral hygiene on a resident.

(5) Shaving a resident with an electric razor.

(6) Giving a resident a partial bath.

(7) Making a bed that is occupied.

(8) Dressing a resident.

(9) Transferring a resident to a wheelchair using a

gait belt or transfer belt.

(10) Ambulating a resident with a gait belt or

transfer belt.

(11) Feeding a resident.

(12) Calculating a resident's intake and output.

(13) Placing a resident in a side-lying position.

(14) The Heimlich maneuver.

(e) A certified nursing assistant intern may not perform

any of the following on a resident:

(1) Shaving with a nonelectric razor.

(2) Nail care.

(3) Perineal care.

(4) Transfer using a mechanical lift.

(5) Passive range of motion.

(f) A certified nursing assistant intern may only provide

the patient or resident care services and perform the

procedures that he or she is deemed qualified to perform that

are listed under subsection (d). A certified nursing assistant

intern may not provide the procedures excluded under

subsection (e).

(g) A certified nursing assistant intern shall report to a

facility's charge nurse or nursing supervisor and may only be

assigned duties authorized in this Section by a supervising

nurse.

(h) A facility shall notify its certified and licensed

staff members, in writing, that a certified nursing assistant

intern may only provide the services and perform the

procedures listed under subsection (d). The notification shall

detail which duties may be delegated to a certified nursing

assistant intern.

(i) If a facility learns that a certified nursing

assistant intern is performing work outside of the scope of

the Program's training, the facility shall:

(1) stop the certified nursing assistant intern from

performing the work;

(2) inspect the work and correct mistakes, if the work

performed was done improperly;

(3) assign the work to the appropriate personnel; and

(4) ensure that a thorough assessment of any resident

involved in the work performed is completed by a

registered nurse.

(j) The Program is subject to the Health Care Worker

Background Check Act and the Health Care Worker Background

Check Code under 77 Ill. Adm. Code 955. Program participants

and personnel shall be included on the Health Care Worker

Registry.

(k) A Program participant who has completed the training

required under paragraph (5) of subsection (a) of Section

3-206 of the Nursing Home Care Act, has completed the Program

from April 21, 2020 through September 18, 2020, and has shown

competency in all of the performance skills listed under

subsection (d) shall be considered a certified nursing

assistant intern.

(l) The requirement under subsection (b) of Section

395.400 of Title 77 of the Illinois Administrative Code that a

student must pass a BNATP written competency examination

within 12 months after the completion of the BNATP does not

apply to a certified nursing assistant intern under this

Section. However, upon a Program participant's enrollment in a

certified nursing assistant course, the requirement under

subsection (b) of Section 395.400 of Title 77 of the Illinois

Administrative Code that a student pass a BNATP written

competency examination within 12 months after completion of

the BNATP program applies.

(m) A certified nursing assistant intern shall enroll in a

certified nursing assistant program within 6 months after

completing his or her certified nursing assistant intern

training under the Program. The individual may continue to

work as a certified nursing assistant intern during his or her

certified nursing assistant training. If the scope of work for

a nurse assistant in training pursuant to 77 Ill. Adm. Code

300.660 is broader in scope than the work permitted to be

performed by a certified nursing assistant intern, then the

certified nursing assistant intern enrolled in certified

nursing assistant training may perform the work allowed under

77. Ill. Adm. Code 300.660. The individual shall receive one

hour of credit for every hour employed as a certified nursing

assistant intern or as a temporary nurse assistant, not to

exceed 30 hours of credit, subject to the approval of an

accredited certified nursing assistant training program.

(n) A facility that seeks to train and employ a certified

nursing assistant intern at the facility must:

(1) not have received a substantiated citation, that

the facility has the right to the appeal, for a violation

that has caused severe harm to or the death of a resident

within the 2 years prior to employing a certified nursing

assistant intern; and

(2) establish a certified nursing assistant intern

mentoring program within the facility for the purposes of

increasing education and retention, which must include an

experienced certified nurse assistant who has at least 3

years of active employment and is employed by the

facility.

(o) A facility that does not meet the requirements of

subsection (n) shall cease its new employment training,

education, or onboarding of any employee under the Program.

The facility may resume its new employment training,

education, or onboarding of an employee under the Program once

the Department determines that the facility is in compliance

with subsection (n).

(p) To study the effectiveness of the Program, the

Department shall collect data from participating facilities

and publish a report on the extent to which the Program brought

individuals into continuing employment as certified nursing

assistants in long-term care. Data collected from facilities

shall include, but shall not be limited to, the number of

certified nursing assistants employed, the number of persons

who began participation in the Program, the number of persons

who successfully completed the Program, and the number of

persons who continue employment in a long-term care service or

facility. The report shall be published no later than 6 months

after the Program end date determined under subsection (r). A

facility participating in the Program shall, twice annually,

submit data under this subsection in a manner and time

determined by the Department. Failure to submit data under

this subsection shall result in suspension of the facility's

Program.

(q) The Department may adopt emergency rules in accordance

with Section 5-45.32 5-45.22 of the Illinois Administrative

Procedure Act.

(r) The Program shall end upon the termination of the

Secretary of Health and Human Services' public health

emergency declaration for COVID-19 or 3 years after the date

that the Program becomes operational, whichever occurs later.

(s) This Section is inoperative 18 months after the

Program end date determined under subsection (r).

(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)

(305 ILCS 5/5-45)

Sec. 5-45. Reimbursement rates; substance use disorder

treatment providers and facilities. Beginning on July 1, 2022,

the Department of Human Services' Division of Substance Use

Prevention and Recovery in conjunction with the Department of

Healthcare and Family Services, shall provide for an increase

in reimbursement rates by way of an increase to existing rates

of 47% for all community-based substance use disorder

treatment services, including, but not limited to, all of the

following:

(1) Admission and Discharge Assessment.

(2) Level 1 (Individual).

(3) Level 1 (Group).

(4) Level 2 (Individual).

(5) Level 2 (Group).

(6) Psychiatric/Diagnostic.

(7) Medication Monitoring (Individual).

(8) Methadone as an Adjunct to Treatment.

No existing or future reimbursement rates or add-ons shall

be reduced or changed to address the rate increase proposed

under this Section. The Department of Healthcare and Family

Services shall immediately, no later than 3 months following

April 19, 2022 (the effective date of Public Act 102-699) this

amendatory Act of the 102nd General Assembly, submit any

necessary application to the federal Centers for Medicare and

Medicaid Services for a waiver or State Plan amendment to

implement the requirements of this Section. Beginning in State

fiscal year 2023, and every State fiscal year thereafter,

reimbursement rates for those community-based substance use

disorder treatment services shall be adjusted upward by an

amount equal to the Consumer Price Index-U from the previous

year, not to exceed 2% in any State fiscal year. If there is a

decrease in the Consumer Price Index-U, rates shall remain

unchanged for that State fiscal year. The Department of Human

Services shall adopt rules, including emergency rules under

Section 5-45.1 of the Illinois Administrative Procedure Act,

to implement the provisions of this Section.

As used in this Section, "consumer price index-u" means

the index published by the Bureau of Labor Statistics of the

United States Department of Labor that measures the average

change in prices of goods and services purchased by all urban

consumers, United States city average, all items, 1982-84 =

100.

(Source: P.A. 102-699, eff. 4-19-22; revised 8-8-22.)

(305 ILCS 5/5-46)

Sec. 5-46 5-45. General acute care hospitals. A general

acute care hospital is authorized to file a notice with the

Department of Public Health and the Health Facilities and

Services Review Board to establish an acute mental illness

category of service in accordance with the Illinois Health

Facilities Planning Act and add authorized acute mental

illness beds if the following conditions are met:

(1) the general acute care hospital qualifies as a

safety-net hospital, as defined in Section 5-5e.1, as

determined by the Department of Healthcare and Family

Services at the time of filing the notice or for the year

immediately prior to the date of filing the notice;

(2) the notice seeks to establish no more than 24

authorized acute mental illness beds; and

(3) the notice seeks to reduce the number of

authorized beds in another category of service to offset

the number of authorized acute mental illness beds.

(Source: P.A. 102-886, eff. 5-17-22; revised 8-8-22.)

(305 ILCS 5/Art. V-G heading)

ARTICLE V-G. SUPPORTIVE LIVING FACILITY FUNDING .

(Source: P.A. 98-651, eff. 6-16-14; revised 8-22-22.)

(305 ILCS 5/Art. V-H heading)

ARTICLE V-H. MANAGED CARE ORGANIZATION PROVIDER ASSESSMENT .

(Source: P.A. 101-9, eff. 6-5-19; revised 8-22-22.)

(305 ILCS 5/Art. X heading)

ARTICLE X . : DETERMINATION AND ENFORCEMENT OF

SUPPORT RESPONSIBILITY OF RELATIVES

(305 ILCS 5/Art. XIV heading)

ARTICLE XIV . HOSPITAL SERVICES TRUST FUND

(305 ILCS 5/14-12)

Sec. 14-12. Hospital rate reform payment system. The

hospital payment system pursuant to Section 14-11 of this

Article shall be as follows:

(a) Inpatient hospital services. Effective for discharges

on and after July 1, 2014, reimbursement for inpatient general

acute care services shall utilize the All Patient Refined

Diagnosis Related Grouping (APR-DRG) software, version 30,

distributed by 3MTM Health Information System.

(1) The Department shall establish Medicaid weighting

factors to be used in the reimbursement system established

under this subsection. Initial weighting factors shall be

the weighting factors as published by 3M Health

Information System, associated with Version 30.0 adjusted

for the Illinois experience.

(2) The Department shall establish a

statewide-standardized amount to be used in the inpatient

reimbursement system. The Department shall publish these

amounts on its website no later than 10 calendar days

prior to their effective date.

(3) In addition to the statewide-standardized amount,

the Department shall develop adjusters to adjust the rate

of reimbursement for critical Medicaid providers or

services for trauma, transplantation services, perinatal

care, and Graduate Medical Education (GME).

(4) The Department shall develop add-on payments to

account for exceptionally costly inpatient stays,

consistent with Medicare outlier principles. Outlier fixed

loss thresholds may be updated to control for excessive

growth in outlier payments no more frequently than on an

annual basis, but at least once every 4 years. Upon

updating the fixed loss thresholds, the Department shall

be required to update base rates within 12 months.

(5) The Department shall define those hospitals or

distinct parts of hospitals that shall be exempt from the

APR-DRG reimbursement system established under this

Section. The Department shall publish these hospitals'

inpatient rates on its website no later than 10 calendar

days prior to their effective date.

(6) Beginning July 1, 2014 and ending on June 30,

2024, in addition to the statewide-standardized amount,

the Department shall develop an adjustor to adjust the

rate of reimbursement for safety-net hospitals defined in

Section 5-5e.1 of this Code excluding pediatric hospitals.

(7) Beginning July 1, 2014, in addition to the

statewide-standardized amount, the Department shall

develop an adjustor to adjust the rate of reimbursement

for Illinois freestanding inpatient psychiatric hospitals

that are not designated as children's hospitals by the

Department but are primarily treating patients under the

age of 21.

(7.5) (Blank).

(8) Beginning July 1, 2018, in addition to the

statewide-standardized amount, the Department shall adjust

the rate of reimbursement for hospitals designated by the

Department of Public Health as a Perinatal Level II or II+

center by applying the same adjustor that is applied to

Perinatal and Obstetrical care cases for Perinatal Level

III centers, as of December 31, 2017.

(9) Beginning July 1, 2018, in addition to the

statewide-standardized amount, the Department shall apply

the same adjustor that is applied to trauma cases as of

December 31, 2017 to inpatient claims to treat patients

with burns, including, but not limited to, APR-DRGs 841,

842, 843, and 844.

(10) Beginning July 1, 2018, the

statewide-standardized amount for inpatient general acute

care services shall be uniformly increased so that base

claims projected reimbursement is increased by an amount

equal to the funds allocated in paragraph (1) of

subsection (b) of Section 5A-12.6, less the amount

allocated under paragraphs (8) and (9) of this subsection

and paragraphs (3) and (4) of subsection (b) multiplied by

40%.

(11) Beginning July 1, 2018, the reimbursement for

inpatient rehabilitation services shall be increased by

the addition of a $96 per day add-on.

(b) Outpatient hospital services. Effective for dates of

service on and after July 1, 2014, reimbursement for

outpatient services shall utilize the Enhanced Ambulatory

Procedure Grouping (EAPG) software, version 3.7 distributed by

3MTM Health Information System.

(1) The Department shall establish Medicaid weighting

factors to be used in the reimbursement system established

under this subsection. The initial weighting factors shall

be the weighting factors as published by 3M Health

Information System, associated with Version 3.7.

(2) The Department shall establish service specific

statewide-standardized amounts to be used in the

reimbursement system.

(A) The initial statewide standardized amounts,

with the labor portion adjusted by the Calendar Year

2013 Medicare Outpatient Prospective Payment System

wage index with reclassifications, shall be published

by the Department on its website no later than 10

calendar days prior to their effective date.

(B) The Department shall establish adjustments to

the statewide-standardized amounts for each Critical

Access Hospital, as designated by the Department of

Public Health in accordance with 42 CFR 485, Subpart

F. For outpatient services provided on or before June

30, 2018, the EAPG standardized amounts are determined

separately for each critical access hospital such that

simulated EAPG payments using outpatient base period

paid claim data plus payments under Section 5A-12.4 of

this Code net of the associated tax costs are equal to

the estimated costs of outpatient base period claims

data with a rate year cost inflation factor applied.

(3) In addition to the statewide-standardized amounts,

the Department shall develop adjusters to adjust the rate

of reimbursement for critical Medicaid hospital outpatient

providers or services, including outpatient high volume or

safety-net hospitals. Beginning July 1, 2018, the

outpatient high volume adjustor shall be increased to

increase annual expenditures associated with this adjustor

by $79,200,000, based on the State Fiscal Year 2015 base

year data and this adjustor shall apply to public

hospitals, except for large public hospitals, as defined

under 89 Ill. Adm. Code 148.25(a).

(4) Beginning July 1, 2018, in addition to the

statewide standardized amounts, the Department shall make

an add-on payment for outpatient expensive devices and

drugs. This add-on payment shall at least apply to claim

lines that: (i) are assigned with one of the following

EAPGs: 490, 1001 to 1020, and coded with one of the

following revenue codes: 0274 to 0276, 0278; or (ii) are

assigned with one of the following EAPGs: 430 to 441, 443,

444, 460 to 465, 495, 496, 1090. The add-on payment shall

be calculated as follows: the claim line's covered charges

multiplied by the hospital's total acute cost to charge

ratio, less the claim line's EAPG payment plus $1,000,

multiplied by 0.8.

(5) Beginning July 1, 2018, the statewide-standardized

amounts for outpatient services shall be increased by a

uniform percentage so that base claims projected

reimbursement is increased by an amount equal to no less

than the funds allocated in paragraph (1) of subsection

(b) of Section 5A-12.6, less the amount allocated under

paragraphs (8) and (9) of subsection (a) and paragraphs

(3) and (4) of this subsection multiplied by 46%.

(6) Effective for dates of service on or after July 1,

2018, the Department shall establish adjustments to the

statewide-standardized amounts for each Critical Access

Hospital, as designated by the Department of Public Health

in accordance with 42 CFR 485, Subpart F, such that each

Critical Access Hospital's standardized amount for

outpatient services shall be increased by the applicable

uniform percentage determined pursuant to paragraph (5) of

this subsection. It is the intent of the General Assembly

that the adjustments required under this paragraph (6) by

Public Act 100-1181 shall be applied retroactively to

claims for dates of service provided on or after July 1,

2018.

(7) Effective for dates of service on or after March

8, 2019 (the effective date of Public Act 100-1181), the

Department shall recalculate and implement an updated

statewide-standardized amount for outpatient services

provided by hospitals that are not Critical Access

Hospitals to reflect the applicable uniform percentage

determined pursuant to paragraph (5).

(1) Any recalculation to the

statewide-standardized amounts for outpatient services

provided by hospitals that are not Critical Access

Hospitals shall be the amount necessary to achieve the

increase in the statewide-standardized amounts for

outpatient services increased by a uniform percentage,

so that base claims projected reimbursement is

increased by an amount equal to no less than the funds

allocated in paragraph (1) of subsection (b) of

Section 5A-12.6, less the amount allocated under

paragraphs (8) and (9) of subsection (a) and

paragraphs (3) and (4) of this subsection, for all

hospitals that are not Critical Access Hospitals,

multiplied by 46%.

(2) It is the intent of the General Assembly that

the recalculations required under this paragraph (7)

by Public Act 100-1181 shall be applied prospectively

to claims for dates of service provided on or after

March 8, 2019 (the effective date of Public Act

100-1181) and that no recoupment or repayment by the

Department or an MCO of payments attributable to

recalculation under this paragraph (7), issued to the

hospital for dates of service on or after July 1, 2018

and before March 8, 2019 (the effective date of Public

Act 100-1181), shall be permitted.

(8) The Department shall ensure that all necessary

adjustments to the managed care organization capitation

base rates necessitated by the adjustments under

subparagraph (6) or (7) of this subsection are completed

and applied retroactively in accordance with Section

5-30.8 of this Code within 90 days of March 8, 2019 (the

effective date of Public Act 100-1181).

(9) Within 60 days after federal approval of the

change made to the assessment in Section 5A-2 by Public

Act 101-650 this amendatory Act of the 101st General

Assembly, the Department shall incorporate into the EAPG

system for outpatient services those services performed by

hospitals currently billed through the Non-Institutional

Provider billing system.

(b-5) Notwithstanding any other provision of this Section,

beginning with dates of service on and after January 1, 2023,

any general acute care hospital with more than 500 outpatient

psychiatric Medicaid services to persons under 19 years of age

in any calendar year shall be paid the outpatient add-on

payment of no less than $113.

(c) In consultation with the hospital community, the

Department is authorized to replace 89 Ill. Adm. Admin. Code

152.150 as published in 38 Ill. Reg. 4980 through 4986 within

12 months of June 16, 2014 (the effective date of Public Act

98-651). If the Department does not replace these rules within

12 months of June 16, 2014 (the effective date of Public Act

98-651), the rules in effect for 152.150 as published in 38

Ill. Reg. 4980 through 4986 shall remain in effect until

modified by rule by the Department. Nothing in this subsection

shall be construed to mandate that the Department file a

replacement rule.

(d) Transition period. There shall be a transition period

to the reimbursement systems authorized under this Section

that shall begin on the effective date of these systems and

continue until June 30, 2018, unless extended by rule by the

Department. To help provide an orderly and predictable

transition to the new reimbursement systems and to preserve

and enhance access to the hospital services during this

transition, the Department shall allocate a transitional

hospital access pool of at least $290,000,000 annually so that

transitional hospital access payments are made to hospitals.

(1) After the transition period, the Department may

begin incorporating the transitional hospital access pool

into the base rate structure; however, the transitional

hospital access payments in effect on June 30, 2018 shall

continue to be paid, if continued under Section 5A-16.

(2) After the transition period, if the Department

reduces payments from the transitional hospital access

pool, it shall increase base rates, develop new adjustors,

adjust current adjustors, develop new hospital access

payments based on updated information, or any combination

thereof by an amount equal to the decreases proposed in

the transitional hospital access pool payments, ensuring

that the entire transitional hospital access pool amount

shall continue to be used for hospital payments.

(d-5) Hospital and health care transformation program. The

Department shall develop a hospital and health care

transformation program to provide financial assistance to

hospitals in transforming their services and care models to

better align with the needs of the communities they serve. The

payments authorized in this Section shall be subject to

approval by the federal government.

(1) Phase 1. In State fiscal years 2019 through 2020,

the Department shall allocate funds from the transitional

access hospital pool to create a hospital transformation

pool of at least $262,906,870 annually and make hospital

transformation payments to hospitals. Subject to Section

5A-16, in State fiscal years 2019 and 2020, an Illinois

hospital that received either a transitional hospital

access payment under subsection (d) or a supplemental

payment under subsection (f) of this Section in State

fiscal year 2018, shall receive a hospital transformation

payment as follows:

(A) If the hospital's Rate Year 2017 Medicaid

inpatient utilization rate is equal to or greater than

45%, the hospital transformation payment shall be

equal to 100% of the sum of its transitional hospital

access payment authorized under subsection (d) and any

supplemental payment authorized under subsection (f).

(B) If the hospital's Rate Year 2017 Medicaid

inpatient utilization rate is equal to or greater than

25% but less than 45%, the hospital transformation

payment shall be equal to 75% of the sum of its

transitional hospital access payment authorized under

subsection (d) and any supplemental payment authorized

under subsection (f).

(C) If the hospital's Rate Year 2017 Medicaid

inpatient utilization rate is less than 25%, the

hospital transformation payment shall be equal to 50%

of the sum of its transitional hospital access payment

authorized under subsection (d) and any supplemental

payment authorized under subsection (f).

(2) Phase 2.

(A) The funding amount from phase one shall be

incorporated into directed payment and pass-through

payment methodologies described in Section 5A-12.7.

(B) Because there are communities in Illinois that

experience significant health care disparities due to

systemic racism, as recently emphasized by the

COVID-19 pandemic, aggravated by social determinants

of health and a lack of sufficiently allocated

healthcare resources, particularly community-based

services, preventive care, obstetric care, chronic

disease management, and specialty care, the Department

shall establish a health care transformation program

that shall be supported by the transformation funding

pool. It is the intention of the General Assembly that

innovative partnerships funded by the pool must be

designed to establish or improve integrated health

care delivery systems that will provide significant

access to the Medicaid and uninsured populations in

their communities, as well as improve health care

equity. It is also the intention of the General

Assembly that partnerships recognize and address the

disparities revealed by the COVID-19 pandemic, as well

as the need for post-COVID care. During State fiscal

years 2021 through 2027, the hospital and health care

transformation program shall be supported by an annual

transformation funding pool of up to $150,000,000,

pending federal matching funds, to be allocated during

the specified fiscal years for the purpose of

facilitating hospital and health care transformation.

No disbursement of moneys for transformation projects

from the transformation funding pool described under

this Section shall be considered an award, a grant, or

an expenditure of grant funds. Funding agreements made

in accordance with the transformation program shall be

considered purchases of care under the Illinois

Procurement Code, and funds shall be expended by the

Department in a manner that maximizes federal funding

to expend the entire allocated amount.

The Department shall convene, within 30 days after

March 12, 2021 (the effective date of Public Act

101-655) this amendatory Act of the 101st General

Assembly, a workgroup that includes subject matter

experts on healthcare disparities and stakeholders

from distressed communities, which could be a

subcommittee of the Medicaid Advisory Committee, to

review and provide recommendations on how Department

policy, including health care transformation, can

improve health disparities and the impact on

communities disproportionately affected by COVID-19.

The workgroup shall consider and make recommendations

on the following issues: a community safety-net

designation of certain hospitals, racial equity, and a

regional partnership to bring additional specialty

services to communities.

(C) As provided in paragraph (9) of Section 3 of

the Illinois Health Facilities Planning Act, any

hospital participating in the transformation program

may be excluded from the requirements of the Illinois

Health Facilities Planning Act for those projects

related to the hospital's transformation. To be

eligible, the hospital must submit to the Health

Facilities and Services Review Board approval from the

Department that the project is a part of the

hospital's transformation.

(D) As provided in subsection (a-20) of Section

32.5 of the Emergency Medical Services (EMS) Systems

Act, a hospital that received hospital transformation

payments under this Section may convert to a

freestanding emergency center. To be eligible for such

a conversion, the hospital must submit to the

Department of Public Health approval from the

Department that the project is a part of the

hospital's transformation.

(E) Criteria for proposals. To be eligible for

funding under this Section, a transformation proposal

shall meet all of the following criteria:

(i) the proposal shall be designed based on

community needs assessment completed by either a

University partner or other qualified entity with

significant community input;

(ii) the proposal shall be a collaboration

among providers across the care and community

spectrum, including preventative care, primary

care specialty care, hospital services, mental

health and substance abuse services, as well as

community-based entities that address the social

determinants of health;

(iii) the proposal shall be specifically

designed to improve healthcare outcomes and reduce

healthcare disparities, and improve the

coordination, effectiveness, and efficiency of

care delivery;

(iv) the proposal shall have specific

measurable metrics related to disparities that

will be tracked by the Department and made public

by the Department;

(v) the proposal shall include a commitment to

include Business Enterprise Program certified

vendors or other entities controlled and managed

by minorities or women; and

(vi) the proposal shall specifically increase

access to primary, preventive, or specialty care.

(F) Entities eligible to be funded.

(i) Proposals for funding should come from

collaborations operating in one of the most

distressed communities in Illinois as determined

by the U.S. Centers for Disease Control and

Prevention's Social Vulnerability Index for

Illinois and areas disproportionately impacted by

COVID-19 or from rural areas of Illinois.

(ii) The Department shall prioritize

partnerships from distressed communities, which

include Business Enterprise Program certified

vendors or other entities controlled and managed

by minorities or women and also include one or

more of the following: safety-net hospitals,

critical access hospitals, the campuses of

hospitals that have closed since January 1, 2018,

or other healthcare providers designed to address

specific healthcare disparities, including the

impact of COVID-19 on individuals and the

community and the need for post-COVID care. All

funded proposals must include specific measurable

goals and metrics related to improved outcomes and

reduced disparities which shall be tracked by the

Department.

(iii) The Department should target the funding

in the following ways: $30,000,000 of

transformation funds to projects that are a

collaboration between a safety-net hospital,

particularly community safety-net hospitals, and

other providers and designed to address specific

healthcare disparities, $20,000,000 of

transformation funds to collaborations between

safety-net hospitals and a larger hospital partner

that increases specialty care in distressed

communities, $30,000,000 of transformation funds

to projects that are a collaboration between

hospitals and other providers in distressed areas

of the State designed to address specific

healthcare disparities, $15,000,000 to

collaborations between critical access hospitals

and other providers designed to address specific

healthcare disparities, and $15,000,000 to

cross-provider collaborations designed to address

specific healthcare disparities, and $5,000,000 to

collaborations that focus on workforce

development.

(iv) The Department may allocate up to

$5,000,000 for planning, racial equity analysis,

or consulting resources for the Department or

entities without the resources to develop a plan

to meet the criteria of this Section. Any contract

for consulting services issued by the Department

under this subparagraph shall comply with the

provisions of Section 5-45 of the State Officials

and Employees Ethics Act. Based on availability of

federal funding, the Department may directly

procure consulting services or provide funding to

the collaboration. The provision of resources

under this subparagraph is not a guarantee that a

project will be approved.

(v) The Department shall take steps to ensure

that safety-net hospitals operating in

under-resourced communities receive priority

access to hospital and healthcare transformation

funds, including consulting funds, as provided

under this Section.

(G) Process for submitting and approving projects

for distressed communities. The Department shall issue

a template for application. The Department shall post

any proposal received on the Department's website for

at least 2 weeks for public comment, and any such

public comment shall also be considered in the review

process. Applicants may request that proprietary

financial information be redacted from publicly posted

proposals and the Department in its discretion may

agree. Proposals for each distressed community must

include all of the following:

(i) A detailed description of how the project

intends to affect the goals outlined in this

subsection, describing new interventions, new

technology, new structures, and other changes to

the healthcare delivery system planned.

(ii) A detailed description of the racial and

ethnic makeup of the entities' board and

leadership positions and the salaries of the

executive staff of entities in the partnership

that is seeking to obtain funding under this

Section.

(iii) A complete budget, including an overall

timeline and a detailed pathway to sustainability

within a 5-year period, specifying other sources

of funding, such as in-kind, cost-sharing, or

private donations, particularly for capital needs.

There is an expectation that parties to the

transformation project dedicate resources to the

extent they are able and that these expectations

are delineated separately for each entity in the

proposal.

(iv) A description of any new entities formed

or other legal relationships between collaborating

entities and how funds will be allocated among

participants.

(v) A timeline showing the evolution of sites

and specific services of the project over a 5-year

period, including services available to the

community by site.

(vi) Clear milestones indicating progress

toward the proposed goals of the proposal as

checkpoints along the way to continue receiving

funding. The Department is authorized to refine

these milestones in agreements, and is authorized

to impose reasonable penalties, including

repayment of funds, for substantial lack of

progress.

(vii) A clear statement of the level of

commitment the project will include for minorities

and women in contracting opportunities, including

as equity partners where applicable, or as

subcontractors and suppliers in all phases of the

project.

(viii) If the community study utilized is not

the study commissioned and published by the

Department, the applicant must define the

methodology used, including documentation of clear

community participation.

(ix) A description of the process used in

collaborating with all levels of government in the

community served in the development of the

project, including, but not limited to,

legislators and officials of other units of local

government.

(x) Documentation of a community input process

in the community served, including links to

proposal materials on public websites.

(xi) Verifiable project milestones and quality

metrics that will be impacted by transformation.

These project milestones and quality metrics must

be identified with improvement targets that must

be met.

(xii) Data on the number of existing employees

by various job categories and wage levels by the

zip code of the employees' residence and

benchmarks for the continued maintenance and

improvement of these levels. The proposal must

also describe any retraining or other workforce

development planned for the new project.

(xiii) If a new entity is created by the

project, a description of how the board will be

reflective of the community served by the

proposal.

(xiv) An explanation of how the proposal will

address the existing disparities that exacerbated

the impact of COVID-19 and the need for post-COVID

care in the community, if applicable.

(xv) An explanation of how the proposal is

designed to increase access to care, including

specialty care based upon the community's needs.

(H) The Department shall evaluate proposals for

compliance with the criteria listed under subparagraph

(G). Proposals meeting all of the criteria may be

eligible for funding with the areas of focus

prioritized as described in item (ii) of subparagraph

(F). Based on the funds available, the Department may

negotiate funding agreements with approved applicants

to maximize federal funding. Nothing in this

subsection requires that an approved project be funded

to the level requested. Agreements shall specify the

amount of funding anticipated annually, the

methodology of payments, the limit on the number of

years such funding may be provided, and the milestones

and quality metrics that must be met by the projects in

order to continue to receive funding during each year

of the program. Agreements shall specify the terms and

conditions under which a health care facility that

receives funds under a purchase of care agreement and

closes in violation of the terms of the agreement must

pay an early closure fee no greater than 50% of the

funds it received under the agreement, prior to the

Health Facilities and Services Review Board

considering an application for closure of the

facility. Any project that is funded shall be required

to provide quarterly written progress reports, in a

form prescribed by the Department, and at a minimum

shall include the progress made in achieving any

milestones or metrics or Business Enterprise Program

commitments in its plan. The Department may reduce or

end payments, as set forth in transformation plans, if

milestones or metrics or Business Enterprise Program

commitments are not achieved. The Department shall

seek to make payments from the transformation fund in

a manner that is eligible for federal matching funds.

In reviewing the proposals, the Department shall

take into account the needs of the community, data

from the study commissioned by the Department from the

University of Illinois-Chicago if applicable, feedback

from public comment on the Department's website, as

well as how the proposal meets the criteria listed

under subparagraph (G). Alignment with the

Department's overall strategic initiatives shall be an

important factor. To the extent that fiscal year

funding is not adequate to fund all eligible projects

that apply, the Department shall prioritize

applications that most comprehensively and effectively

address the criteria listed under subparagraph (G).

(3) (Blank).

(4) Hospital Transformation Review Committee. There is

created the Hospital Transformation Review Committee. The

Committee shall consist of 14 members. No later than 30

days after March 12, 2018 (the effective date of Public

Act 100-581), the 4 legislative leaders shall each appoint

3 members; the Governor shall appoint the Director of

Healthcare and Family Services, or his or her designee, as

a member; and the Director of Healthcare and Family

Services shall appoint one member. Any vacancy shall be

filled by the applicable appointing authority within 15

calendar days. The members of the Committee shall select a

Chair and a Vice-Chair from among its members, provided

that the Chair and Vice-Chair cannot be appointed by the

same appointing authority and must be from different

political parties. The Chair shall have the authority to

establish a meeting schedule and convene meetings of the

Committee, and the Vice-Chair shall have the authority to

convene meetings in the absence of the Chair. The

Committee may establish its own rules with respect to

meeting schedule, notice of meetings, and the disclosure

of documents; however, the Committee shall not have the

power to subpoena individuals or documents and any rules

must be approved by 9 of the 14 members. The Committee

shall perform the functions described in this Section and

advise and consult with the Director in the administration

of this Section. In addition to reviewing and approving

the policies, procedures, and rules for the hospital and

health care transformation program, the Committee shall

consider and make recommendations related to qualifying

criteria and payment methodologies related to safety-net

hospitals and children's hospitals. Members of the

Committee appointed by the legislative leaders shall be

subject to the jurisdiction of the Legislative Ethics

Commission, not the Executive Ethics Commission, and all

requests under the Freedom of Information Act shall be

directed to the applicable Freedom of Information officer

for the General Assembly. The Department shall provide

operational support to the Committee as necessary. The

Committee is dissolved on April 1, 2019.

(e) Beginning 36 months after initial implementation, the

Department shall update the reimbursement components in

subsections (a) and (b), including standardized amounts and

weighting factors, and at least once every 4 years and no more

frequently than annually thereafter. The Department shall

publish these updates on its website no later than 30 calendar

days prior to their effective date.

(f) Continuation of supplemental payments. Any

supplemental payments authorized under Illinois Administrative

Code 148 effective January 1, 2014 and that continue during

the period of July 1, 2014 through December 31, 2014 shall

remain in effect as long as the assessment imposed by Section

5A-2 that is in effect on December 31, 2017 remains in effect.

(g) Notwithstanding subsections (a) through (f) of this

Section and notwithstanding the changes authorized under

Section 5-5b.1, any updates to the system shall not result in

any diminishment of the overall effective rates of

reimbursement as of the implementation date of the new system

(July 1, 2014). These updates shall not preclude variations in

any individual component of the system or hospital rate

variations. Nothing in this Section shall prohibit the

Department from increasing the rates of reimbursement or

developing payments to ensure access to hospital services.

Nothing in this Section shall be construed to guarantee a

minimum amount of spending in the aggregate or per hospital as

spending may be impacted by factors, including, but not

limited to, the number of individuals in the medical

assistance program and the severity of illness of the

individuals.

(h) The Department shall have the authority to modify by

rulemaking any changes to the rates or methodologies in this

Section as required by the federal government to obtain

federal financial participation for expenditures made under

this Section.

(i) Except for subsections (g) and (h) of this Section,

the Department shall, pursuant to subsection (c) of Section

5-40 of the Illinois Administrative Procedure Act, provide for

presentation at the June 2014 hearing of the Joint Committee

on Administrative Rules (JCAR) additional written notice to

JCAR of the following rules in order to commence the second

notice period for the following rules: rules published in the

Illinois Register, rule dated February 21, 2014 at 38 Ill.

Reg. 4559 (Medical Payment), 4628 (Specialized Health Care

Delivery Systems), 4640 (Hospital Services), 4932 (Diagnostic

Related Grouping (DRG) Prospective Payment System (PPS)), and

4977 (Hospital Reimbursement Changes), and published in the

Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499

(Specialized Health Care Delivery Systems) and 6505 (Hospital

Services).

(j) Out-of-state hospitals. Beginning July 1, 2018, for

purposes of determining for State fiscal years 2019 and 2020

and subsequent fiscal years the hospitals eligible for the

payments authorized under subsections (a) and (b) of this

Section, the Department shall include out-of-state hospitals

that are designated a Level I pediatric trauma center or a

Level I trauma center by the Department of Public Health as of

December 1, 2017.

(k) The Department shall notify each hospital and managed

care organization, in writing, of the impact of the updates

under this Section at least 30 calendar days prior to their

effective date.

(Source: P.A. 101-81, eff. 7-12-19; 101-650, eff. 7-7-20;

101-655, eff. 3-12-21; 102-682, eff. 12-10-21; 102-1037, eff.

6-2-22; revised 8-22-22.)

(305 ILCS 5/Art. XV heading)

ARTICLE XV .

COUNTY PROVIDER TRUST FUND

Section 548. The Rebuild Illinois Mental Health Workforce

Act is amended by changing Section 20-10 as follows:

(305 ILCS 66/20-10)

Sec. 20-10. Medicaid funding for community mental health

services. Medicaid funding for the specific community mental

health services listed in this Act shall be adjusted and paid

as set forth in this Act. Such payments shall be paid in

addition to the base Medicaid reimbursement rate and add-on

payment rates per service unit.

(a) The payment adjustments shall begin on July 1, 2022

for State Fiscal Year 2023 and shall continue for every State

fiscal year thereafter.

(1) Individual Therapy Medicaid Payment rate for

services provided under the H0004 Code:

(A) The Medicaid total payment rate for individual

therapy provided by a qualified mental health

professional shall be increased by no less than $9 per

service unit.

(B) The Medicaid total payment rate for individual

therapy provided by a mental health professional shall

be increased by no less than then $9 per service unit.

(2) Community Support - Individual Medicaid Payment

rate for services provided under the H2015 Code: All

community support - individual services shall be increased

by no less than $15 per service unit.

(3) Case Management Medicaid Add-on Payment for

services provided under the T1016 code: All case

management services rates shall be increased by no less

than $15 per service unit.

(4) Assertive Community Treatment Medicaid Add-on

Payment for services provided under the H0039 code: The

Medicaid total payment rate for assertive community

treatment services shall increase by no less than $8 per

service unit.

(5) Medicaid user-based directed payments.

(A) For each State fiscal year, a monthly directed

payment shall be paid to a community mental health

provider of community support team services based on

the number of Medicaid users of community support team

services documented by Medicaid fee-for-service and

managed care encounter claims delivered by that

provider in the base year. The Department of

Healthcare and Family Services shall make the monthly

directed payment to each provider entitled to directed

payments under this Act by no later than the last day

of each month throughout each State fiscal year.

(i) The monthly directed payment for a

community support team provider shall be

calculated as follows: The sum total number of

individual Medicaid users of community support

team services delivered by that provider

throughout the base year, multiplied by $4,200 per

Medicaid user, divided into 12 equal monthly

payments for the State fiscal year.

(ii) As used in this subparagraph, "user"

means an individual who received at least 200

units of community support team services (H2016)

during the base year.

(B) For each State fiscal year, a monthly directed

payment shall be paid to each community mental health

provider of assertive community treatment services

based on the number of Medicaid users of assertive

community treatment services documented by Medicaid

fee-for-service and managed care encounter claims

delivered by the provider in the base year.

(i) The monthly direct payment for an

assertive community treatment provider shall be

calculated as follows: The sum total number of

Medicaid users of assertive community treatment

services provided by that provider throughout the

base year, multiplied by $6,000 per Medicaid user,

divided into 12 equal monthly payments for that

State fiscal year.

(ii) As used in this subparagraph, "user"

means an individual that received at least 300

units of assertive community treatment services

during the base year.

(C) The base year for directed payments under this

Section shall be calendar year 2019 for State Fiscal

Year 2023 and State Fiscal Year 2024. For the State

fiscal year beginning on July 1, 2024, and for every

State fiscal year thereafter, the base year shall be

the calendar year that ended 18 months prior to the

start of the State fiscal year in which payments are

made.

(b) Subject to federal approval, a one-time directed

payment must be made in calendar year 2023 for community

mental health services provided by community mental health

providers. The one-time directed payment shall be for an

amount appropriated for these purposes. The one-time directed

payment shall be for services for Integrated Assessment and

Treatment Planning and other intensive services, including,

but not limited to, services for Mobile Crisis Response,

crisis intervention, and medication monitoring. The amounts

and services used for designing and distributing these

one-time directed payments shall not be construed to require

any future rate or funding increases for the same or other

mental health services.

(Source: P.A. 102-699, eff. 4-19-22; 102-1118, eff. 1-18-23;

revised 1-23-23.)

Section 550. The Abused and Neglected Child Reporting Act

is amended by changing Section 4 as follows:

(325 ILCS 5/4)

Sec. 4. Persons required to report; privileged

communications; transmitting false report.

(a) The following persons are required to immediately

report to the Department when they have reasonable cause to

believe that a child known to them in their professional or

official capacities may be an abused child or a neglected

child:

(1) Medical personnel, including any: physician

licensed to practice medicine in any of its branches

(medical doctor or doctor of osteopathy); resident;

intern; medical administrator or personnel engaged in the

examination, care, and treatment of persons; psychiatrist;

surgeon; dentist; dental hygienist; chiropractic

physician; podiatric physician; physician assistant;

emergency medical technician; physical therapist; physical

therapy assistant; occupational therapist; occupational

therapy assistant; acupuncturist; registered nurse;

licensed practical nurse; advanced practice registered

nurse; genetic counselor; respiratory care practitioner;

home health aide; or certified nursing assistant.

(2) Social services and mental health personnel,

including any: licensed professional counselor; licensed

clinical professional counselor; licensed social worker;

licensed clinical social worker; licensed psychologist or

assistant working under the direct supervision of a

psychologist; associate licensed marriage and family

therapist; licensed marriage and family therapist; field

personnel of the Departments of Healthcare and Family

Services, Public Health, Human Services, Human Rights, or

Children and Family Services; supervisor or administrator

of the General Assistance program established under

Article VI of the Illinois Public Aid Code; social

services administrator; or substance abuse treatment

personnel.

(3) Crisis intervention personnel, including any:

crisis line or hotline personnel; or domestic violence

program personnel.

(4) Education personnel, including any: school

personnel (including administrators and certified and

non-certified school employees); personnel of institutions

of higher education; educational advocate assigned to a

child in accordance with the School Code; member of a

school board or the Chicago Board of Education or the

governing body of a private school (but only to the extent

required under subsection (d)); or truant officer.

(5) Recreation or athletic program or facility

personnel; or an athletic trainer.

(6) Child care personnel, including any: early

intervention provider as defined in the Early Intervention

Services System Act; director or staff assistant of a

nursery school or a child day care center; or foster

parent, homemaker, or child care worker.

(7) Law enforcement personnel, including any: law

enforcement officer; field personnel of the Department of

Juvenile Justice; field personnel of the Department of

Corrections; probation officer; or animal control officer

or field investigator of the Department of Agriculture's

Bureau of Animal Health and Welfare.

(8) Any funeral home director; funeral home director

and embalmer; funeral home employee; coroner; or medical

examiner.

(9) Any member of the clergy.

(10) Any physician, physician assistant, registered

nurse, licensed practical nurse, medical technician,

certified nursing assistant, licensed social worker,

licensed clinical social worker, or licensed professional

counselor of any office, clinic, licensed behavior

analyst, licensed assistant behavior analyst, or any other

physical location that provides abortions, abortion

referrals, or contraceptives.

(b) When 2 or more persons who work within the same

workplace and are required to report under this Act share a

reasonable cause to believe that a child may be an abused or

neglected child, one of those reporters may be designated to

make a single report. The report shall include the names and

contact information for the other mandated reporters sharing

the reasonable cause to believe that a child may be an abused

or neglected child. The designated reporter must provide

written confirmation of the report to those mandated reporters

within 48 hours. If confirmation is not provided, those

mandated reporters are individually responsible for

immediately ensuring a report is made. Nothing in this Section

precludes or may be used to preclude any person from reporting

child abuse or child neglect.

(c)(1) As used in this Section, "a child known to them in

their professional or official capacities" means:

(A) the mandated reporter comes into contact with the

child in the course of the reporter's employment or

practice of a profession, or through a regularly scheduled

program, activity, or service;

(B) the mandated reporter is affiliated with an

agency, institution, organization, school, school

district, regularly established church or religious

organization, or other entity that is directly responsible

for the care, supervision, guidance, or training of the

child; or

(C) a person makes a specific disclosure to the

mandated reporter that an identifiable child is the victim

of child abuse or child neglect, and the disclosure

happens while the mandated reporter is engaged in his or

her employment or practice of a profession, or in a

regularly scheduled program, activity, or service.

(2) Nothing in this Section requires a child to come

before the mandated reporter in order for the reporter to make

a report of suspected child abuse or child neglect.

(d) If an allegation is raised to a school board member

during the course of an open or closed school board meeting

that a child who is enrolled in the school district of which he

or she is a board member is an abused child as defined in

Section 3 of this Act, the member shall direct or cause the

school board to direct the superintendent of the school

district or other equivalent school administrator to comply

with the requirements of this Act concerning the reporting of

child abuse. For purposes of this paragraph, a school board

member is granted the authority in his or her individual

capacity to direct the superintendent of the school district

or other equivalent school administrator to comply with the

requirements of this Act concerning the reporting of child

abuse.

Notwithstanding any other provision of this Act, if an

employee of a school district has made a report or caused a

report to be made to the Department under this Act involving

the conduct of a current or former employee of the school

district and a request is made by another school district for

the provision of information concerning the job performance or

qualifications of the current or former employee because he or

she is an applicant for employment with the requesting school

district, the general superintendent of the school district to

which the request is being made must disclose to the

requesting school district the fact that an employee of the

school district has made a report involving the conduct of the

applicant or caused a report to be made to the Department, as

required under this Act. Only the fact that an employee of the

school district has made a report involving the conduct of the

applicant or caused a report to be made to the Department may

be disclosed by the general superintendent of the school

district to which the request for information concerning the

applicant is made, and this fact may be disclosed only in cases

where the employee and the general superintendent have not

been informed by the Department that the allegations were

unfounded. An employee of a school district who is or has been

the subject of a report made pursuant to this Act during his or

her employment with the school district must be informed by

that school district that if he or she applies for employment

with another school district, the general superintendent of

the former school district, upon the request of the school

district to which the employee applies, shall notify that

requesting school district that the employee is or was the

subject of such a report.

(e) Whenever such person is required to report under this

Act in his capacity as a member of the staff of a medical or

other public or private institution, school, facility or

agency, or as a member of the clergy, he shall make report

immediately to the Department in accordance with the

provisions of this Act and may also notify the person in charge

of such institution, school, facility or agency, or church,

synagogue, temple, mosque, or other religious institution, or

his designated agent that such report has been made. Under no

circumstances shall any person in charge of such institution,

school, facility or agency, or church, synagogue, temple,

mosque, or other religious institution, or his designated

agent to whom such notification has been made, exercise any

control, restraint, modification or other change in the report

or the forwarding of such report to the Department.

(f) In addition to the persons required to report

suspected cases of child abuse or child neglect under this

Section, any other person may make a report if such person has

reasonable cause to believe a child may be an abused child or a

neglected child.

(g) The privileged quality of communication between any

professional person required to report and his patient or

client shall not apply to situations involving abused or

neglected children and shall not constitute grounds for

failure to report as required by this Act or constitute

grounds for failure to share information or documents with the

Department during the course of a child abuse or neglect

investigation. If requested by the professional, the

Department shall confirm in writing that the information or

documents disclosed by the professional were gathered in the

course of a child abuse or neglect investigation.

The reporting requirements of this Act shall not apply to

the contents of a privileged communication between an attorney

and his or her client or to confidential information within

the meaning of Rule 1.6 of the Illinois Rules of Professional

Conduct relating to the legal representation of an individual

client.

A member of the clergy may claim the privilege under

Section 8-803 of the Code of Civil Procedure.

(h) Any office, clinic, or any other physical location

that provides abortions, abortion referrals, or contraceptives

shall provide to all office personnel copies of written

information and training materials about abuse and neglect and

the requirements of this Act that are provided to employees of

the office, clinic, or physical location who are required to

make reports to the Department under this Act, and instruct

such office personnel to bring to the attention of an employee

of the office, clinic, or physical location who is required to

make reports to the Department under this Act any reasonable

suspicion that a child known to him or her in his or her

professional or official capacity may be an abused child or a

neglected child.

(i) Any person who enters into employment on and after

July 1, 1986 and is mandated by virtue of that employment to

report under this Act, shall sign a statement on a form

prescribed by the Department, to the effect that the employee

has knowledge and understanding of the reporting requirements

of this Act. On and after January 1, 2019, the statement shall

also include information about available mandated reporter

training provided by the Department. The statement shall be

signed prior to commencement of the employment. The signed

statement shall be retained by the employer. The cost of

printing, distribution, and filing of the statement shall be

borne by the employer.

(j) Persons required to report child abuse or child

neglect as provided under this Section must complete an

initial mandated reporter training, including a section on

implicit bias, within 3 months of their date of engagement in a

professional or official capacity as a mandated reporter, or

within the time frame of any other applicable State law that

governs training requirements for a specific profession, and

at least every 3 years thereafter. The initial requirement

only applies to the first time they engage in their

professional or official capacity. In lieu of training every 3

years, medical personnel, as listed in paragraph (1) of

subsection (a), must meet the requirements described in

subsection (k).

The mandated reporter trainings shall be in-person or

web-based, and shall include, at a minimum, information on the

following topics: (i) indicators for recognizing child abuse

and child neglect, as defined under this Act; (ii) the process

for reporting suspected child abuse and child neglect in

Illinois as required by this Act and the required

documentation; (iii) responding to a child in a

trauma-informed manner; and (iv) understanding the response of

child protective services and the role of the reporter after a

call has been made. Child-serving organizations are encouraged

to provide in-person annual trainings.

The implicit bias section shall be in-person or web-based,

and shall include, at a minimum, information on the following

topics: (i) implicit bias and (ii) racial and ethnic

sensitivity. As used in this subsection, "implicit bias" means

the attitudes or internalized stereotypes that affect people's

perceptions, actions, and decisions in an unconscious manner

and that exist and often contribute to unequal treatment of

people based on race, ethnicity, gender identity, sexual

orientation, age, disability, and other characteristics. The

implicit bias section shall provide tools to adjust automatic

patterns of thinking and ultimately eliminate discriminatory

behaviors. During these trainings mandated reporters shall

complete the following: (1) a pretest to assess baseline

implicit bias levels; (2) an implicit bias training task; and

(3) a posttest to reevaluate bias levels after training. The

implicit bias curriculum for mandated reporters shall be

developed within one year after January 1, 2022 (the effective

date of Public Act 102-604) this amendatory Act of the 102nd

General Assembly and shall be created in consultation with

organizations demonstrating expertise and or experience in the

areas of implicit bias, youth and adolescent developmental

issues, prevention of child abuse, exploitation, and neglect,

culturally diverse family systems, and the child welfare

system.

The mandated reporter training, including a section on

implicit bias, shall be provided through the Department,

through an entity authorized to provide continuing education

for professionals licensed through the Department of Financial

and Professional Regulation, the State Board of Education, the

Illinois Law Enforcement Training Standards Board, or the

Illinois Department of State Police, or through an

organization approved by the Department to provide mandated

reporter training, including a section on implicit bias. The

Department must make available a free web-based training for

reporters.

Each mandated reporter shall report to his or her employer

and, when applicable, to his or her licensing or certification

board that he or she received the mandated reporter training.

The mandated reporter shall maintain records of completion.

Beginning January 1, 2021, if a mandated reporter receives

licensure from the Department of Financial and Professional

Regulation or the State Board of Education, and his or her

profession has continuing education requirements, the training

mandated under this Section shall count toward meeting the

licensee's required continuing education hours.

(k)(1) Medical personnel, as listed in paragraph (1) of

subsection (a), who work with children in their professional

or official capacity, must complete mandated reporter training

at least every 6 years. Such medical personnel, if licensed,

must attest at each time of licensure renewal on their renewal

form that they understand they are a mandated reporter of

child abuse and neglect, that they are aware of the process for

making a report, that they know how to respond to a child in a

trauma-informed manner, and that they are aware of the role of

child protective services and the role of a reporter after a

call has been made.

(2) In lieu of repeated training, medical personnel, as

listed in paragraph (1) of subsection (a), who do not work with

children in their professional or official capacity, may

instead attest each time at licensure renewal on their renewal

form that they understand they are a mandated reporter of

child abuse and neglect, that they are aware of the process for

making a report, that they know how to respond to a child in a

trauma-informed manner, and that they are aware of the role of

child protective services and the role of a reporter after a

call has been made. Nothing in this paragraph precludes

medical personnel from completing mandated reporter training

and receiving continuing education credits for that training.

(l) The Department shall provide copies of this Act, upon

request, to all employers employing persons who shall be

required under the provisions of this Section to report under

this Act.

(m) Any person who knowingly transmits a false report to

the Department commits the offense of disorderly conduct under

subsection (a)(7) of Section 26-1 of the Criminal Code of

2012. A violation of this provision is a Class 4 felony.

Any person who knowingly and willfully violates any

provision of this Section other than a second or subsequent

violation of transmitting a false report as described in the

preceding paragraph, is guilty of a Class A misdemeanor for a

first violation and a Class 4 felony for a second or subsequent

violation; except that if the person acted as part of a plan or

scheme having as its object the prevention of discovery of an

abused or neglected child by lawful authorities for the

purpose of protecting or insulating any person or entity from

arrest or prosecution, the person is guilty of a Class 4 felony

for a first offense and a Class 3 felony for a second or

subsequent offense (regardless of whether the second or

subsequent offense involves any of the same facts or persons

as the first or other prior offense).

(n) A child whose parent, guardian or custodian in good

faith selects and depends upon spiritual means through prayer

alone for the treatment or cure of disease or remedial care may

be considered neglected or abused, but not for the sole reason

that his parent, guardian or custodian accepts and practices

such beliefs.

(o) A child shall not be considered neglected or abused

solely because the child is not attending school in accordance

with the requirements of Article 26 of the School Code, as

amended.

(p) Nothing in this Act prohibits a mandated reporter who

reasonably believes that an animal is being abused or

neglected in violation of the Humane Care for Animals Act from

reporting animal abuse or neglect to the Department of

Agriculture's Bureau of Animal Health and Welfare.

(q) A home rule unit may not regulate the reporting of

child abuse or neglect in a manner inconsistent with the

provisions of this Section. This Section is a limitation under

subsection (i) of Section 6 of Article VII of the Illinois

Constitution on the concurrent exercise by home rule units of

powers and functions exercised by the State.

(r) For purposes of this Section "child abuse or neglect"

includes abuse or neglect of an adult resident as defined in

this Act.

(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22;

102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised 2-5-23.)

Section 555. The Service Member Employment and

Reemployment Rights Act is amended by changing Section 1-10 as

follows:

(330 ILCS 61/1-10)

Sec. 1-10. Definitions. As used in this Act:

"Accrue" means to accumulate in regular or increasing

amounts over time subject to customary allocation of cost.

"Active duty" means any full-time military service

regardless of length or voluntariness including, but not

limited to, annual training, full-time National Guard duty,

and State active duty. "Active duty" does not include any form

of inactive duty service such as drill duty or muster duty.

"Active duty", unless provided otherwise, includes active duty

without pay.

"Active service" means all forms of active and inactive

duty regardless of voluntariness including, but not limited

to, annual training, active duty for training, initial active

duty training, overseas training duty, full-time National

Guard duty, active duty other than training, State active

duty, mobilizations, and muster duty. "Active service", unless

provided otherwise, includes active service without pay.

"Active service" includes:

(1) Reserve component voluntary active service means

service under one of the following authorities:

(A) any duty under 32 U.S.C. 502(f)(1)(B);

(B) active guard reserve duty, operational

support, or additional duty under 10 U.S.C. 12301(d)

or 32 U.S.C. 502(f)(1)(B);

(C) funeral honors under 10 U.S.C. 12503 or 32

U.S.C. 115;

(D) duty at the National Guard Bureau under 10

U.S.C. 12402;

(E) unsatisfactory participation under 10 U.S.C.

10148 or 10 U.S.C. 12303;

(F) discipline under 10 U.S.C. 802(d);

(G) extended active duty under 10 U.S.C. 12311;

and

(H) reserve program administrator under 10 U.S.C.

10211.

(2) Reserve component involuntary active service

includes, but is not limited to, service under one of the

following authorities:

(A) annual training or drill requirements under 10

U.S.C. 10147, 10 U.S.C. 12301(b), or 32 U.S.C.

502(a); .

(B) additional training duty or other duty under

32 U.S.C. 502(f)(1)(A);

(C) pre-planned or pre-programmed combatant

commander support under 10 U.S.C. 12304b;

(D) mobilization under 10 U.S.C. 12301(a) or 10

U.S.C. 12302;

(E) presidential reserve call-up under 10 U.S.C.

12304;

(F) emergencies and natural disasters under 10

U.S.C. 12304a or 14 U.S.C. 712;

(G) muster duty under 10 U.S.C. 12319;

(H) retiree recall under 10 U.S.C. 688;

(I) captive status under 10 U.S.C. 12301(g);

(J) insurrection under 10 U.S.C. 331, 10 U.S.C.

332, or 10 U.S.C. 12406;

(K) pending line of duty determination for

response to sexual assault under 10 U.S.C. 12323; and

(L) initial active duty for training under 10

U.S.C. 671.

Reserve component active service not listed in paragraph

(1) or (2) shall be considered involuntary active service

under paragraph (2).

"Active service without pay" means active service

performed under any authority in which base pay is not

received regardless of other allowances.

"Annual training" means any active duty performed under

Section 10147 or 12301(b) of Title 10 of the United States Code

or under Section 502(a) of Title 32 of the United States Code.

"Base pay" means the main component of military pay,

whether active or inactive, based on rank and time in service.

It does not include the addition of conditional funds for

specific purposes such as allowances, incentive and special

pay. Base pay, also known as basic pay, can be determined by

referencing the appropriate military pay chart covering the

time period in question located on the federal Defense Finance

and Accounting Services website or as reflected on a federal

Military Leave and Earnings Statement.

"Benefits" includes, but is not limited to, the terms,

conditions, or privileges of employment, including any

advantage, profit, privilege, gain, status, account, or

interest, including wages or salary for work performed, that

accrues by reason of an employment contract or agreement or an

employer policy, plan, or practice and includes rights and

benefits under a pension plan, a health plan, an employee

stock ownership plan, insurance coverage and awards, bonuses,

severance pay, supplemental unemployment benefits, vacations,

and the opportunity to select work hours or location of

employment.

"Differential compensation" means pay due when the

employee's daily rate of compensation for military service is

less than his or her daily rate of compensation as a public

employee.

"Employee" means anyone employed by an employer.

"Employee" includes any person who is a citizen, national, or

permanent resident of the United States employed in a

workplace that the State has legal authority to regulate

business and employment. "Employee" does not include an

independent contractor.

"Employer" means any person, institution, organization, or

other entity that pays salary or wages for work performed or

that has control over employment opportunities, including:

(1) a person, institution, organization, or other

entity to whom the employer has delegated the performance

of employment-related responsibilities;

(2) an employer of a public employee;

(3) any successor in interest to a person,

institution, organization, or other entity referred to

under this definition; and

(4) a person, institution, organization, or other

entity that has been denied initial employment in

violation of Section 5-15.

"Inactive duty" means inactive duty training, including

drills, consisting of regularly scheduled unit training

assemblies, additional training assemblies, periods of

appropriate duty or equivalent training, and any special

additional duties authorized for reserve component personnel

by appropriate military authority. "Inactive duty" does not

include active duty.

"Military leave" means a furlough or leave of absence

while performing active service. It cannot be substituted for

accrued vacation, annual, or similar leave with pay except at

the sole discretion of the service member employee. It is not a

benefit of employment that is requested but a legal

requirement upon receiving notice of pending military service.

"Military service" means:

(1) Service in the Armed Forces of the United States,

the National Guard of any state or territory regardless of

status, and the State Guard as defined in the State Guard

Act. "Military service", whether active or reserve,

includes service under the authority of U.S.C. Titles 10,

14, or 32, or State active duty.

(2) Service in a federally recognized auxiliary of the

United States Armed Forces when performing official duties

in support of military or civilian authorities as a result

of an emergency.

(3) A period for which an employee is absent from a

position of employment for the purpose of medical or

dental treatment for a condition, illness, or injury

sustained or aggravated during a period of active service

in which treatment is paid by the United States Department

of Defense Military Health System.

"Public employee" means any person classified as a

full-time employee of the State of Illinois, a unit of local

government, a public institution of higher education as

defined in Section 1 of the Board of Higher Education Act, or a

school district, other than an independent contractor.

"Reserve component" means the reserve components of

Illinois and the United States Armed Forces regardless of

status.

"Service member" means any person who is a member of a

military service.

"State active duty" means full-time State-funded military

duty under the command and control of the Governor and subject

to the Military Code of Illinois.

"Unit of local government" means any city, village, town,

county, or special district.

(Source: P.A. 102-1030, eff. 5-27-22; revised 8-22-22.)

Section 560. The Community Mental Health Act is amended by

changing Section 5 as follows:

(405 ILCS 20/5) (from Ch. 91 1/2, par. 305)

Sec. 5. (a) When the governing body of a governmental unit

passes a resolution as provided in Section 4 asking that an

annual tax may be levied for the purpose of providing such

mental health facilities and services, including facilities

and services for the person with a developmental disability or

a substance use disorder, in the community and so instructs

the clerk of the governmental unit such clerk shall certify

the proposition to the proper election officials for

submission at a regular election in accordance with the

general election law. The proposition shall be in the

following form:

-------------------------------------------------------------

Shall............ (governmental

unit) levy an annual tax of (not YES

more than .15%) for the purpose of providing

community mental health facilities and ---------------

services including facilities and services

for persons the person with a developmental NO

disability or a substance use disorder?

-------------------------------------------------------------

(a-5) If the governmental unit is also subject to the

Property Tax Extension Limitation Law, then the proposition

shall also comply with the Property Tax Extension Limitation

Law. Notwithstanding any provision of this subsection, any

referendum imposing an annual tax on or after January 1, 1994

and prior to May 13, 2022 (the effective date of Public Act

102-839) this amendatory Act of the 102nd General Assembly

that complies with subsection (a) is hereby validated.

(b) If a majority of all the votes cast upon the

proposition are for the levy of such tax, the governing body of

such governmental unit shall thereafter annually levy a tax

not to exceed the rate set forth in Section 4. Thereafter, the

governing body shall in the annual appropriation bill

appropriate from such funds such sum or sums of money as may be

deemed necessary, based upon the community mental health

board's budget, the board's annual mental health report, and

the local mental health plan to defray necessary expenses and

liabilities in providing for such community mental health

facilities and services.

(c) If the governing body of a governmental unit levies a

tax under Section 4 of this Act and the rate specified in the

proposition under subsection (a) of this Section is less than

0.15%, then the governing body of the governmental unit may,

upon referendum approval, increase that rate to not more than

0.15%. The governing body shall instruct the clerk of the

governmental unit to certify the proposition to the proper

election officials for submission at a regular election in

accordance with the general election law. The proposition

shall be in the following form:

"Shall the tax imposed by (governmental unit) for the

purpose of providing community mental health facilities

and services, including facilities and services for

persons with a developmental disability or substance use

disorder be increased to (not more than 0.15%)?"

If a majority of all the votes cast upon the proposition

are for the increase of the tax, then the governing body of the

governmental unit may thereafter annually levy a tax not to

exceed the rate set forth in the referendum question.

(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;

revised 8-25-22.)

Section 565. The Children's Mental Health Act is amended

by changing Section 5 as follows:

(405 ILCS 49/5)

Sec. 5. Children's Mental Health Partnership; Children's

Mental Health Plan.

(a) The Children's Mental Health Partnership (hereafter

referred to as "the Partnership") created under Public Act

93-495 and continued under Public Act 102-899 this amendatory

Act of the 102nd General Assembly shall advise State agencies

on designing and implementing short-term and long-term

strategies to provide comprehensive and coordinated services

for children from birth to age 25 and their families with the

goal of addressing children's mental health needs across a

full continuum of care, including social determinants of

health, prevention, early identification, and treatment. The

recommended strategies shall build upon the recommendations in

the Children's Mental Health Plan of 2022 and may include, but

are not limited to, recommendations regarding the following:

(1) Increasing public awareness on issues connected to

children's mental health and wellness to decrease stigma,

promote acceptance, and strengthen the ability of

children, families, and communities to access supports.

(2) Coordination of programs, services, and policies

across child-serving State agencies to best monitor and

assess spending, as well as foster innovation of adaptive

or new practices.

(3) Funding and resources for children's mental health

prevention, early identification, and treatment across

child-serving State agencies.

(4) Facilitation of research on best practices and

model programs and dissemination of this information to

State policymakers, practitioners, and the general public.

(5) Monitoring programs, services, and policies

addressing children's mental health and wellness.

(6) Growing, retaining, diversifying, and supporting

the child-serving workforce, with special emphasis on

professional development around child and family mental

health and wellness services.

(7) Supporting the design, implementation, and

evaluation of a quality-driven children's mental health

system of care across all child services that prevents

mental health concerns and mitigates trauma.

(8) Improving the system to more effectively meet the

emergency and residential placement needs for all children

with severe mental and behavioral challenges.

(b) The Partnership shall have the responsibility of

developing and updating the Children's Mental Health Plan and

advising the relevant State agencies on implementation of the

Plan. The Children's Mental Health Partnership shall be

comprised of the following members:

(1) The Governor or his or her designee.

(2) The Attorney General or his or her designee.

(3) The Secretary of the Department of Human Services

or his or her designee.

(4) The State Superintendent of Education or his or

her designee.

(5) The Director of the Department of Children and

Family Services or his or her designee.

(6) The Director of the Department of Healthcare and

Family Services or his or her designee.

(7) The Director of the Department of Public Health or

his or her designee.

(8) The Director of the Department of Juvenile Justice

or his or her designee.

(9) The Executive Director of the Governor's Office of

Early Childhood Development or his or her designee.

(10) The Director of the Criminal Justice Information

Authority or his or her designee.

(11) One member of the General Assembly appointed by

the Speaker of the House.

(12) One member of the General Assembly appointed by

the President of the Senate.

(13) One member of the General Assembly appointed by

the Minority Leader of the Senate.

(14) One member of the General Assembly appointed by

the Minority Leader of the House.

(15) Up to 25 representatives from the public

reflecting a diversity of age, gender identity, race,

ethnicity, socioeconomic status, and geographic location,

to be appointed by the Governor. Those public members

appointed under this paragraph must include, but are not

limited to:

(A) a family member or individual with lived

experience in the children's mental health system;

(B) a child advocate;

(C) a community mental health expert,

practitioner, or provider;

(D) a representative of a statewide association

representing a majority of hospitals in the State;

(E) an early childhood expert or practitioner;

(F) a representative from the K-12 school system;

(G) a representative from the healthcare sector;

(H) a substance use prevention expert or

practitioner, or a representative of a statewide

association representing community-based mental health

substance use disorder treatment providers in the

State;

(I) a violence prevention expert or practitioner;

(J) a representative from the juvenile justice

system;

(K) a school social worker; and

(L) a representative of a statewide organization

representing pediatricians.

(16) Two co-chairs appointed by the Governor, one

being a representative from the public and one being a

representative from the State.

The members appointed by the Governor shall be appointed

for 4 years with one opportunity for reappointment, except as

otherwise provided for in this subsection. Members who were

appointed by the Governor and are serving on January 1, 2023

(the effective date of Public Act 102-899) this amendatory Act

of the 102nd General Assembly shall maintain their appointment

until the term of their appointment has expired. For new

appointments made pursuant to Public Act 102-899 this

amendatory Act of the 102nd General Assembly, members shall be

appointed for one-year, 2-year two-year, or 4-year four-year

terms, as determined by the Governor, with no more than 9 of

the Governor's new or existing appointees serving the same

term. Those new appointments serving a one-year or 2-year term

may be appointed to 2 additional 4-year terms. If a vacancy

occurs in the Partnership membership, the vacancy shall be

filled in the same manner as the original appointment for the

remainder of the term.

The Partnership shall be convened no later than January

31, 2023 to discuss the changes in Public Act 102-899 this

amendatory Act of the 102nd General Assembly.

The members of the Partnership shall serve without

compensation but may be entitled to reimbursement for all

necessary expenses incurred in the performance of their

official duties as members of the Partnership from funds

appropriated for that purpose.

The Partnership may convene and appoint special committees

or study groups to operate under the direction of the

Partnership. Persons appointed to such special committees or

study groups shall only receive reimbursement for reasonable

expenses.

(b-5) The Partnership shall include an adjunct council

comprised of no more than 6 youth aged 14 to 25 and 4

representatives of 4 different community-based community based

organizations that focus on youth mental health. Of the

community-based organizations that focus on youth mental

health, one of the community-based organizations shall be led

by an LGBTQ-identified person, one of the community-based

organizations shall be led by a person of color, and one of the

community-based organizations shall be led by a woman. Of the

representatives appointed to the council from the

community-based organizations, at least one representative

shall be LGBTQ-identified, at least one representative shall

be a person of color, and at least one representative shall be

a woman. The council members shall be appointed by the Chair of

the Partnership and shall reflect the racial, gender identity,

sexual orientation, ability, socioeconomic, ethnic, and

geographic diversity of the State, including rural, suburban,

and urban appointees. The council shall make recommendations

to the Partnership regarding youth mental health, including,

but not limited to, identifying barriers to youth feeling

supported by and empowered by the system of mental health and

treatment providers, barriers perceived by youth in accessing

mental health services, gaps in the mental health system,

available resources in schools, including youth's perceptions

and experiences with outreach personnel, agency websites, and

informational materials, methods to destigmatize mental health

services, and how to improve State policy concerning student

mental health. The mental health system may include services

for substance use disorders and addiction. The council shall

meet at least 4 times annually.

(c) (Blank).

(d) The Illinois Children's Mental Health Partnership has

the following powers and duties:

(1) Conducting research assessments to determine the

needs and gaps of programs, services, and policies that

touch children's mental health.

(2) Developing policy statements for interagency

cooperation to cover all aspects of mental health

delivery, including social determinants of health,

prevention, early identification, and treatment.

(3) Recommending policies and providing provide

information on effective programs for delivery of mental

health services.

(4) Using funding from federal, State state, or

philanthropic partners, to fund pilot programs or research

activities to resource innovative practices by

organizational partners that will address children's

mental health. However, the Partnership may not provide

direct services.

(5) Submitting an annual report, on or before December

30 of each year, to the Governor and the General Assembly

on the progress of the Plan, any recommendations regarding

State policies, laws, or rules necessary to fulfill the

purposes of the Act, and any additional recommendations

regarding mental or behavioral health that the Partnership

deems necessary.

(6) Employing an Executive Director and setting the

compensation of the Executive Director and other such

employees and technical assistance as it deems necessary

to carry out its duties under this Section.

The Partnership may designate a fiscal and administrative

agent that can accept funds to carry out its duties as outlined

in this Section.

The Department of Healthcare and Family Services shall

provide technical and administrative support for the

Partnership.

(e) The Partnership may accept monetary gifts or grants

from the federal government or any agency thereof, from any

charitable foundation or professional association, or from any

reputable source for implementation of any program necessary

or desirable to carry out the powers and duties as defined

under this Section.

(f) On or before January 1, 2027, the Partnership shall

submit recommendations to the Governor and General Assembly

that includes recommended updates to the Act to reflect the

current mental health landscape in this State.

(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;

102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; revised

12-14-22.)

Section 570. The Mental Health Inpatient Facility Access

Act is amended by changing Section 10 as follows:

(405 ILCS 140/10)

Sec. 10. Strategic plan on improving access to inpatient

psychiatric beds. The Department of Human Services' Division

of Mental Health shall develop a written, strategic plan that

comprehensively addresses improving access to inpatient

psychiatric beds in State-operated mental health facilities

for individuals needing a hospital level of care. This plan

shall address achieving the best use of State-operated

psychiatric beds across Illinois, with strategies specifically

to mitigate inefficient use of forensic beds and reduce

lengths of stays for the forensic population. A comprehensive

approach to this plan shall include training and education,

ongoing assessment of individuals receiving inpatient

services, reviewing and updating policies and procedures, and

increasing community-based capacity for individuals in all

State-operated forensic beds. The plan shall include:

(1) Annual training. Required annual training for all

State-operated inpatient mental health facility clinicians

shall include:

(A) Best practices for evaluating whether

individuals found not guilty by reason of insanity or

unfit to stand trial meet the legal criteria for

inpatient treatment.

(B) Best practices for determining appropriate

treatment for individuals found not guilty by reason

of insanity or unfit to stand trial.

(C) The requirements of treatment plan reports.

(D) The types of mental health services available

following discharge, including, but not limited to:

assertive community treatment, community support

teams, supportive housing, medication management,

psychotherapy, peer support services, specialized

mental health rehabilitation facilities, and nursing

homes.

(2) Regular and periodic assessment of mental health

condition and progress. At least once every year following

the admission of any individual under Section 5-2-4 of the

Unified Code of Corrections or Section 104-17 of the Code

of Criminal Procedure of 1963, the Director of the

Division of Mental Health, or his or her designee, shall

meet with the treatment team assigned to that individual

to review whether:

(A) The individual continues to meet the standard

for inpatient care.

(B) The individual may be appropriate for

unsupervised on-grounds privileges, off-grounds

privileges (with or without escort by personnel of the

Department of Human Services), home visits, and

participation in work programs.

(C) The current treatment plan is reasonably

expected to result in the improvement of the

individual's clinical condition so that the individual

no longer needs inpatient treatment, and, if not, what

other treatments or placements are available to meet

the individual's needs and safety.

(3) Updated policies and procedures.

(A) Revise facility policies and procedures to

increase opportunities for home visits and work

programs that assist with community reintegration.

This shall include a review of unsupervised on-grounds

privileges, off-grounds privileges (with or without

escort by personnel of the Department of Human

Services), home visits, and participation in work or

educational programs to ensure that policies do not

limit the ability to approve these activities. The

plan shall also address the frequency for which

individuals are assessed to be eligible for these

activities.

(B) Ensure all individuals found unfit to stand

trial or not guilty by reason of insanity, who can be

treated on an outpatient basis are recommended for

outpatient services.

(C) Develop benchmarks to ensure that:

(i) every individual found unfit to stand

trial or not guilty by reason of insanity who has

been committed by a court to the Department for

treatment shall be admitted to a Department

facility within the time periods set forth in

subsection (b) of Section 104-17 of the Code of

Criminal Procedure of 1963 and subsection (a) of

Section 5-2-4 of Unified Code of Corrections; and

(ii) no individual who needs inpatient

psychiatric care remains in an emergency

department of any hospital or in any other

non-psychiatric unit longer than 48 hours.

(4) Building community treatment capacity.

(A) Specific steps to increase access to

community-based mental health services that provide

(i) outpatient alternatives to those being assessed

for inpatient stays at State-operated inpatient mental

health facilities and (ii) step-down services for

those no longer meeting inpatient stay criteria,

specifically the population of individuals found not

guilty by reason of insanity. Such steps must

specifically identify community-based treatment

alternatives and how these services will be funded.

(B) Specific steps to ensure each State-operated

inpatient mental health facility has sufficient

qualified psychiatrists, psychologists, social

workers, peer support professionals, and other staff

so that the Department may provide adequate and humane

care and services for all patients. That plan shall

include:

(i) an assessment of whether the salary and

other benefits provided to professional staff are

sufficient to attract and retain staff;

(ii) an assessment of the annual budget needed

to attract and retain staff;

(iii) an assessment of any other impediments

to attracting and retaining staff, and a

mitigation plan for those impediments; and

(iv) a detailed plan for recruiting

psychiatrists, psychologists, social workers, peer

support professionals, and other mental health

staff.

(5) Certification of mental health clinicians. The

Division of Mental Health shall outline in the strategic

plan a plan for training, implementing standard

qualifications, and credentialing all psychiatrists,

clinical social workers, clinical psychologists, and

qualified examiners who conduct any evaluations, as

employees, agents, or vendors of the Division concerning:

(A) findings of unfitness to stand trial and all

other evaluations of individuals receiving treatment

in accordance with Section 104-10 of the Code of

Criminal Procedure of 1963:

(B) individuals receiving treatment in accordance

with Section 5-2-4 of the Unified Code of Corrections;

(C) whether individuals are subject to involuntary

admission on an inpatient or outpatient basis in

accordance with the Mental Health and Developmental

Disabilities Code; and

(D) whether individuals are subject to

court-ordered treatment in accordance with Section

2-107.1 of the Mental Health and Developmental

Disabilities Code.

Such evaluations shall include any treatment reports

required under the Code of Criminal Procedure of 1963 or

the Mental Health and Developmental Disabilities Code.

(6) There shall be stakeholder input during the

planning process from the Division of Mental Health's

forensic workgroup.

(Source: P.A. 102-913, eff. 5-27-22; revised 8-19-22.)

Section 575. The Ensuring a More Qualified, Competent, and

Diverse Community Behavioral Health Workforce Act is amended

by changing Section 1-5 as follows:

(405 ILCS 145/1-5)

Sec. 1-5. Findings. The General Assembly finds that:

(1) The behavioral health workforce shortage, already

at dire levels before 2020, has been exacerbated by the

COVID-19 pandemic and is at a crisis point.

(2) Behavioral health workforce shortages,

particularly licensed clinical staff, staff turnover in

all positions, and workforce development are major

concerns in the behavioral health field.

(3) By 2026, unfilled mental healthcare jobs in

Illinois are expected to reach 8,353, according to

Mercer's 2021 External Healthcare Labor Market Analysis.

(4) Community-based Community based mental health

agencies often serve as training or supervision sites for

interns and new entrants to the workforce seeking

supervision hours to meet licensure requirements. These

professionals are mandated to complete up to 3000 hours of

supervised clinical experience. This places financial and

time-resource hardships on these already lean

organizations to provide the supervision.

(5) Many new mental health clinicians have to pay an

estimated $10,000-$30,000 in fees for supervision

according to Motivo. The amount is unaffordable for many

students, particularly lower-income students, who graduate

with tens of thousands of dollars in debt.

(6) Community mental health agencies frequently serve

the most complex and chronically ill behavioral health

clients, which can be a challenging population for new

entrants to the workforce. Many times, professionals leave

for better-paid opportunities with lower acuity patients

after completing their facility-sponsored supervision

requirements.

(7) The lack of compensation for serving as a training

or supervision site and staff turnover adversely impact

the ability of agencies to better prepare the workforce

and meet the needs of their behavioral health clients.

(8) Recognizing and providing financial support for

this function will help community-based agencies provide

more training or supervision opportunities and may also

assist with recruiting and retaining professionals at

these sites.

(9) Providing financial support for this role would

help to address reductions in standard clinical

productivity as a result of time spent supervising new

workers, enabling better absorption of the costs of high

turnover, or allowing for these settings to staff

appropriately to support training or supervision.

(10) For individuals seeking their licensure,

roadblocks to supervision include cost-prohibitive fees,

difficulty finding supervisors, and an even greater

supervisor shortage in rural areas.

(11) Beyond fulfilling the required hours to get

licensed, clinical supervision has a profound impact on

the trajectory of an individual's career and the lives of

their clients. Ultimately, effective clinical supervision

helps ensure that clients are competently served.

(12) At a time when behavioral health providers report

crisis level wait lists that force individuals seeking

care to wait for months before they receive care, now more

than ever, we need immediate solutions to help strengthen

our State's behavioral health workforce.

(Source: P.A. 102-1053, eff. 6-10-22; revised 8-19-22.)

Section 580. The Sexual Assault Survivors Emergency

Treatment Act is amended by changing Sections 1a, 1a-1, 2-1,

5-1, 5.4, 7, 7-1, and 9.5 as follows:

(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)

Sec. 1a. Definitions.

(a) In this Act:

"Advanced practice registered nurse" has the meaning

provided in Section 50-10 of the Nurse Practice Act.

"Ambulance provider" means an individual or entity that

owns and operates a business or service using ambulances or

emergency medical services vehicles to transport emergency

patients.

"Approved pediatric health care facility" means a health

care facility, other than a hospital, with a sexual assault

treatment plan approved by the Department to provide medical

forensic services to sexual assault survivors under the age of

18 who present with a complaint of sexual assault within a

minimum of the last 7 days or who have disclosed past sexual

assault by a specific individual and were in the care of that

individual within a minimum of the last 7 days.

"Areawide sexual assault treatment plan" means a plan,

developed by hospitals or by hospitals and approved pediatric

health care facilities in a community or area to be served,

which provides for medical forensic services to sexual assault

survivors that shall be made available by each of the

participating hospitals and approved pediatric health care

facilities.

"Board-certified child abuse pediatrician" means a

physician certified by the American Board of Pediatrics in

child abuse pediatrics.

"Board-eligible child abuse pediatrician" means a

physician who has completed the requirements set forth by the

American Board of Pediatrics to take the examination for

certification in child abuse pediatrics.

"Department" means the Department of Public Health.

"Emergency contraception" means medication as approved by

the federal Food and Drug Administration (FDA) that can

significantly reduce the risk of pregnancy if taken within 72

hours after sexual assault.

"Follow-up healthcare" means healthcare services related

to a sexual assault, including laboratory services and

pharmacy services, rendered within 180 days of the initial

visit for medical forensic services.

"Health care professional" means a physician, a physician

assistant, a sexual assault forensic examiner, an advanced

practice registered nurse, a registered professional nurse, a

licensed practical nurse, or a sexual assault nurse examiner.

"Hospital" means a hospital licensed under the Hospital

Licensing Act or operated under the University of Illinois

Hospital Act, any outpatient center included in the hospital's

sexual assault treatment plan where hospital employees provide

medical forensic services, and an out-of-state hospital that

has consented to the jurisdiction of the Department under

Section 2.06.

"Illinois State Police Sexual Assault Evidence Collection

Kit" means a prepackaged set of materials and forms to be used

for the collection of evidence relating to sexual assault. The

standardized evidence collection kit for the State of Illinois

shall be the Illinois State Police Sexual Assault Evidence

Collection Kit.

"Law enforcement agency having jurisdiction" means the law

enforcement agency in the jurisdiction where an alleged sexual

assault or sexual abuse occurred.

"Licensed practical nurse" has the meaning provided in

Section 50-10 of the Nurse Practice Act.

"Medical forensic services" means health care delivered to

patients within or under the care and supervision of personnel

working in a designated emergency department of a hospital or

an approved pediatric health care facility. "Medical forensic

services" includes, but is not limited to, taking a medical

history, performing photo documentation, performing a physical

and anogenital examination, assessing the patient for evidence

collection, collecting evidence in accordance with a statewide

sexual assault evidence collection program administered by the

Illinois State Police using the Illinois State Police Sexual

Assault Evidence Collection Kit, if appropriate, assessing the

patient for drug-facilitated or alcohol-facilitated sexual

assault, providing an evaluation of and care for sexually

transmitted infection and human immunodeficiency virus (HIV),

pregnancy risk evaluation and care, and discharge and

follow-up healthcare planning.

"Pediatric health care facility" means a clinic or

physician's office that provides medical services to patients

under the age of 18.

"Pediatric sexual assault survivor" means a person under

the age of 13 who presents for medical forensic services in

relation to injuries or trauma resulting from a sexual

assault.

"Photo documentation" means digital photographs or

colposcope videos stored and backed up securely in the

original file format.

"Physician" means a person licensed to practice medicine

in all its branches.

"Physician assistant" has the meaning provided in Section

4 of the Physician Assistant Practice Act of 1987.

"Prepubescent sexual assault survivor" means a female who

is under the age of 18 years and has not had a first menstrual

cycle or a male who is under the age of 18 years and has not

started to develop secondary sex characteristics who presents

for medical forensic services in relation to injuries or

trauma resulting from a sexual assault.

"Qualified medical provider" means a board-certified child

abuse pediatrician, board-eligible child abuse pediatrician, a

sexual assault forensic examiner, or a sexual assault nurse

examiner who has access to photo documentation tools, and who

participates in peer review.

"Registered Professional Nurse" has the meaning provided

in Section 50-10 of the Nurse Practice Act.

"Sexual assault" means:

(1) an act of sexual conduct; as used in this

paragraph, "sexual conduct" has the meaning provided under

Section 11-0.1 of the Criminal Code of 2012; or

(2) any act of sexual penetration; as used in this

paragraph, "sexual penetration" has the meaning provided

under Section 11-0.1 of the Criminal Code of 2012 and

includes, without limitation, acts prohibited under

Sections 11-1.20 through 11-1.60 of the Criminal Code of

2012.

"Sexual assault forensic examiner" means a physician or

physician assistant who has completed training that meets or

is substantially similar to the Sexual Assault Nurse Examiner

Education Guidelines established by the International

Association of Forensic Nurses.

"Sexual assault nurse examiner" means an advanced practice

registered nurse or registered professional nurse who has

completed a sexual assault nurse examiner training program

that meets the Sexual Assault Nurse Examiner Education

Guidelines established by the International Association of

Forensic Nurses.

"Sexual assault services voucher" means a document

generated by a hospital or approved pediatric health care

facility at the time the sexual assault survivor receives

outpatient medical forensic services that may be used to seek

payment for any ambulance services, medical forensic services,

laboratory services, pharmacy services, and follow-up

healthcare provided as a result of the sexual assault.

"Sexual assault survivor" means a person who presents for

medical forensic services in relation to injuries or trauma

resulting from a sexual assault.

"Sexual assault transfer plan" means a written plan

developed by a hospital and approved by the Department, which

describes the hospital's procedures for transferring sexual

assault survivors to another hospital, and an approved

pediatric health care facility, if applicable, in order to

receive medical forensic services.

"Sexual assault treatment plan" means a written plan that

describes the procedures and protocols for providing medical

forensic services to sexual assault survivors who present

themselves for such services, either directly or through

transfer from a hospital or an approved pediatric health care

facility.

"Transfer hospital" means a hospital with a sexual assault

transfer plan approved by the Department.

"Transfer services" means the appropriate medical

screening examination and necessary stabilizing treatment

prior to the transfer of a sexual assault survivor to a

hospital or an approved pediatric health care facility that

provides medical forensic services to sexual assault survivors

pursuant to a sexual assault treatment plan or areawide sexual

assault treatment plan.

"Treatment hospital" means a hospital with a sexual

assault treatment plan approved by the Department to provide

medical forensic services to all sexual assault survivors who

present with a complaint of sexual assault within a minimum of

the last 7 days or who have disclosed past sexual assault by a

specific individual and were in the care of that individual

within a minimum of the last 7 days.

"Treatment hospital with approved pediatric transfer"

means a hospital with a treatment plan approved by the

Department to provide medical forensic services to sexual

assault survivors 13 years old or older who present with a

complaint of sexual assault within a minimum of the last 7 days

or who have disclosed past sexual assault by a specific

individual and were in the care of that individual within a

minimum of the last 7 days.

(b) This Section is effective on and after January 1,

2024.

(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;

102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff.

11-30-21; 102-813, eff. 5-13-22; 102-1097, eff. 1-1-23;

102-1106, eff. 1-1-23; revised 12-19-22.)

(410 ILCS 70/1a-1)

(Section scheduled to be repealed on December 31, 2023)

Sec. 1a-1. Definitions.

(a) In this Act:

"Advanced practice registered nurse" has the meaning

provided in Section 50-10 of the Nurse Practice Act.

"Ambulance provider" means an individual or entity that

owns and operates a business or service using ambulances or

emergency medical services vehicles to transport emergency

patients.

"Approved pediatric health care facility" means a health

care facility, other than a hospital, with a sexual assault

treatment plan approved by the Department to provide medical

forensic services to sexual assault survivors under the age of

18 who present with a complaint of sexual assault within a

minimum of the last 7 days or who have disclosed past sexual

assault by a specific individual and were in the care of that

individual within a minimum of the last 7 days.

"Approved federally qualified health center" means a

facility as defined in Section 1905(l)(2)(B) of the federal

Social Security Act with a sexual assault treatment plan

approved by the Department to provide medical forensic

services to sexual assault survivors 13 years old or older who

present with a complaint of sexual assault within a minimum of

the last 7 days or who have disclosed past sexual assault by a

specific individual and were in the care of that individual

within a minimum of the last 7 days.

"Areawide sexual assault treatment plan" means a plan,

developed by hospitals or by hospitals, approved pediatric

health care facilities, and approved federally qualified

health centers in a community or area to be served, which

provides for medical forensic services to sexual assault

survivors that shall be made available by each of the

participating hospitals and approved pediatric health care

facilities.

"Board-certified child abuse pediatrician" means a

physician certified by the American Board of Pediatrics in

child abuse pediatrics.

"Board-eligible child abuse pediatrician" means a

physician who has completed the requirements set forth by the

American Board of Pediatrics to take the examination for

certification in child abuse pediatrics.

"Department" means the Department of Public Health.

"Emergency contraception" means medication as approved by

the federal Food and Drug Administration (FDA) that can

significantly reduce the risk of pregnancy if taken within 72

hours after sexual assault.

"Federally qualified health center" means a facility as

defined in Section 1905(l)(2)(B) of the federal Social

Security Act that provides primary care or sexual health

services.

"Follow-up healthcare" means healthcare services related

to a sexual assault, including laboratory services and

pharmacy services, rendered within 180 days of the initial

visit for medical forensic services.

"Health care professional" means a physician, a physician

assistant, a sexual assault forensic examiner, an advanced

practice registered nurse, a registered professional nurse, a

licensed practical nurse, or a sexual assault nurse examiner.

"Hospital" means a hospital licensed under the Hospital

Licensing Act or operated under the University of Illinois

Hospital Act, any outpatient center included in the hospital's

sexual assault treatment plan where hospital employees provide

medical forensic services, and an out-of-state hospital that

has consented to the jurisdiction of the Department under

Section 2.06-1.

"Illinois State Police Sexual Assault Evidence Collection

Kit" means a prepackaged set of materials and forms to be used

for the collection of evidence relating to sexual assault. The

standardized evidence collection kit for the State of Illinois

shall be the Illinois State Police Sexual Assault Evidence

Collection Kit.

"Law enforcement agency having jurisdiction" means the law

enforcement agency in the jurisdiction where an alleged sexual

assault or sexual abuse occurred.

"Licensed practical nurse" has the meaning provided in

Section 50-10 of the Nurse Practice Act.

"Medical forensic services" means health care delivered to

patients within or under the care and supervision of personnel

working in a designated emergency department of a hospital,

approved pediatric health care facility, or an approved

federally qualified health center centers.

"Medical forensic services" includes, but is not limited

to, taking a medical history, performing photo documentation,

performing a physical and anogenital examination, assessing

the patient for evidence collection, collecting evidence in

accordance with a statewide sexual assault evidence collection

program administered by the Illinois Department of State

Police using the Illinois State Police Sexual Assault Evidence

Collection Kit, if appropriate, assessing the patient for

drug-facilitated or alcohol-facilitated sexual assault,

providing an evaluation of and care for sexually transmitted

infection and human immunodeficiency virus (HIV), pregnancy

risk evaluation and care, and discharge and follow-up

healthcare planning.

"Pediatric health care facility" means a clinic or

physician's office that provides medical services to patients

under the age of 18.

"Pediatric sexual assault survivor" means a person under

the age of 13 who presents for medical forensic services in

relation to injuries or trauma resulting from a sexual

assault.

"Photo documentation" means digital photographs or

colposcope videos stored and backed up securely in the

original file format.

"Physician" means a person licensed to practice medicine

in all its branches.

"Physician assistant" has the meaning provided in Section

4 of the Physician Assistant Practice Act of 1987.

"Prepubescent sexual assault survivor" means a female who

is under the age of 18 years and has not had a first menstrual

cycle or a male who is under the age of 18 years and has not

started to develop secondary sex characteristics who presents

for medical forensic services in relation to injuries or

trauma resulting from a sexual assault.

"Qualified medical provider" means a board-certified child

abuse pediatrician, board-eligible child abuse pediatrician, a

sexual assault forensic examiner, or a sexual assault nurse

examiner who has access to photo documentation tools, and who

participates in peer review.

"Registered Professional Nurse" has the meaning provided

in Section 50-10 of the Nurse Practice Act.

"Sexual assault" means:

(1) an act of sexual conduct; as used in this

paragraph, "sexual conduct" has the meaning provided under

Section 11-0.1 of the Criminal Code of 2012; or

(2) any act of sexual penetration; as used in this

paragraph, "sexual penetration" has the meaning provided

under Section 11-0.1 of the Criminal Code of 2012 and

includes, without limitation, acts prohibited under

Sections 11-1.20 through 11-1.60 of the Criminal Code of

2012.

"Sexual assault forensic examiner" means a physician or

physician assistant who has completed training that meets or

is substantially similar to the Sexual Assault Nurse Examiner

Education Guidelines established by the International

Association of Forensic Nurses.

"Sexual assault nurse examiner" means an advanced practice

registered nurse or registered professional nurse who has

completed a sexual assault nurse examiner training program

that meets the Sexual Assault Nurse Examiner Education

Guidelines established by the International Association of

Forensic Nurses.

"Sexual assault services voucher" means a document

generated by a hospital or approved pediatric health care

facility at the time the sexual assault survivor receives

outpatient medical forensic services that may be used to seek

payment for any ambulance services, medical forensic services,

laboratory services, pharmacy services, and follow-up

healthcare provided as a result of the sexual assault.

"Sexual assault survivor" means a person who presents for

medical forensic services in relation to injuries or trauma

resulting from a sexual assault.

"Sexual assault transfer plan" means a written plan

developed by a hospital and approved by the Department, which

describes the hospital's procedures for transferring sexual

assault survivors to another hospital, and an approved

pediatric health care facility, if applicable, in order to

receive medical forensic services.

"Sexual assault treatment plan" means a written plan that

describes the procedures and protocols for providing medical

forensic services to sexual assault survivors who present

themselves for such services, either directly or through

transfer from a hospital or an approved pediatric health care

facility.

"Transfer hospital" means a hospital with a sexual assault

transfer plan approved by the Department.

"Transfer services" means the appropriate medical

screening examination and necessary stabilizing treatment

prior to the transfer of a sexual assault survivor to a

hospital or an approved pediatric health care facility that

provides medical forensic services to sexual assault survivors

pursuant to a sexual assault treatment plan or areawide sexual

assault treatment plan.

"Treatment hospital" means a hospital with a sexual

assault treatment plan approved by the Department to provide

medical forensic services to all sexual assault survivors who

present with a complaint of sexual assault within a minimum of

the last 7 days or who have disclosed past sexual assault by a

specific individual and were in the care of that individual

within a minimum of the last 7 days.

"Treatment hospital with approved pediatric transfer"

means a hospital with a treatment plan approved by the

Department to provide medical forensic services to sexual

assault survivors 13 years old or older who present with a

complaint of sexual assault within a minimum of the last 7 days

or who have disclosed past sexual assault by a specific

individual and were in the care of that individual within a

minimum of the last 7 days.

(b) This Section is repealed on December 31, 2023.

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

102-674, eff. 11-30-21; 102-1097, eff. 1-1-23; 102-1106, eff.

1-1-23; revised 12-19-22.)

(410 ILCS 70/2-1)

(Section scheduled to be repealed on December 31, 2023)

Sec. 2-1. Hospital, approved pediatric health care

facility, and approved federally qualified health center

requirements for sexual assault plans.

(a) Every hospital required to be licensed by the

Department pursuant to the Hospital Licensing Act, or operated

under the University of Illinois Hospital Act that provides

general medical and surgical hospital services shall provide

either (i) transfer services to all sexual assault survivors,

(ii) medical forensic services to all sexual assault

survivors, or (iii) transfer services to pediatric sexual

assault survivors and medical forensic services to sexual

assault survivors 13 years old or older, in accordance with

rules adopted by the Department.

In addition, every such hospital, regardless of whether or

not a request is made for reimbursement, shall submit to the

Department a plan to provide either (i) transfer services to

all sexual assault survivors, (ii) medical forensic services

to all sexual assault survivors, or (iii) transfer services to

pediatric sexual assault survivors and medical forensic

services to sexual assault survivors 13 years old or older

within the time frame established by the Department. The

Department shall approve such plan for either (i) transfer

services to all sexual assault survivors, (ii) medical

forensic services to all sexual assault survivors, or (iii)

transfer services to pediatric sexual assault survivors and

medical forensic services to sexual assault survivors 13 years

old or older, if it finds that the implementation of the

proposed plan would provide (i) transfer services or (ii)

medical forensic services for sexual assault survivors in

accordance with the requirements of this Act and provide

sufficient protections from the risk of pregnancy to sexual

assault survivors. Notwithstanding anything to the contrary in

this paragraph, the Department may approve a sexual assault

transfer plan for the provision of medical forensic services

if:

(1) a treatment hospital with approved pediatric

transfer has agreed, as part of an areawide treatment

plan, to accept sexual assault survivors 13 years of age

or older from the proposed transfer hospital, if the

treatment hospital with approved pediatric transfer is

geographically closer to the transfer hospital than a

treatment hospital or another treatment hospital with

approved pediatric transfer and such transfer is not

unduly burdensome on the sexual assault survivor; and

(2) a treatment hospital has agreed, as a part of an

areawide treatment plan, to accept sexual assault

survivors under 13 years of age from the proposed transfer

hospital and transfer to the treatment hospital would not

unduly burden the sexual assault survivor.

The Department may not approve a sexual assault transfer

plan unless a treatment hospital has agreed, as a part of an

areawide treatment plan, to accept sexual assault survivors

from the proposed transfer hospital and a transfer to the

treatment hospital would not unduly burden the sexual assault

survivor.

In counties with a population of less than 1,000,000, the

Department may not approve a sexual assault transfer plan for

a hospital located within a 20-mile radius of a 4-year public

university, not including community colleges, unless there is

a treatment hospital with a sexual assault treatment plan

approved by the Department within a 20-mile radius of the

4-year public university.

A transfer must be in accordance with federal and State

laws and local ordinances.

A treatment hospital with approved pediatric transfer must

submit an areawide treatment plan under Section 3-1 of this

Act that includes a written agreement with a treatment

hospital stating that the treatment hospital will provide

medical forensic services to pediatric sexual assault

survivors transferred from the treatment hospital with

approved pediatric transfer. The areawide treatment plan may

also include an approved pediatric health care facility.

A transfer hospital must submit an areawide treatment plan

under Section 3-1 of this Act that includes a written

agreement with a treatment hospital stating that the treatment

hospital will provide medical forensic services to all sexual

assault survivors transferred from the transfer hospital. The

areawide treatment plan may also include an approved pediatric

health care facility. Notwithstanding anything to the contrary

in this paragraph, the areawide treatment plan may include a

written agreement with a treatment hospital with approved

pediatric transfer that is geographically closer than other

hospitals providing medical forensic services to sexual

assault survivors 13 years of age or older stating that the

treatment hospital with approved pediatric transfer will

provide medical services to sexual assault survivors 13 years

of age or older who are transferred from the transfer

hospital. If the areawide treatment plan includes a written

agreement with a treatment hospital with approved pediatric

transfer, it must also include a written agreement with a

treatment hospital stating that the treatment hospital will

provide medical forensic services to sexual assault survivors

under 13 years of age who are transferred from the transfer

hospital.

Beginning January 1, 2019, each treatment hospital and

treatment hospital with approved pediatric transfer shall

ensure that emergency department attending physicians,

physician assistants, advanced practice registered nurses, and

registered professional nurses providing clinical services,

who do not meet the definition of a qualified medical provider

in Section 1a-1 of this Act, receive a minimum of 2 hours of

sexual assault training by July 1, 2020 or until the treatment

hospital or treatment hospital with approved pediatric

transfer certifies to the Department, in a form and manner

prescribed by the Department, that it employs or contracts

with a qualified medical provider in accordance with

subsection (a-7) of Section 5-1, whichever occurs first.

After July 1, 2020 or once a treatment hospital or a

treatment hospital with approved pediatric transfer certifies

compliance with subsection (a-7) of Section 5-1, whichever

occurs first, each treatment hospital and treatment hospital

with approved pediatric transfer shall ensure that emergency

department attending physicians, physician assistants,

advanced practice registered nurses, and registered

professional nurses providing clinical services, who do not

meet the definition of a qualified medical provider in Section

1a-1 of this Act, receive a minimum of 2 hours of continuing

education on responding to sexual assault survivors every 2

years. Protocols for training shall be included in the

hospital's sexual assault treatment plan.

Sexual assault training provided under this subsection may

be provided in person or online and shall include, but not be

limited to:

(1) information provided on the provision of medical

forensic services;

(2) information on the use of the Illinois Sexual

Assault Evidence Collection Kit;

(3) information on sexual assault epidemiology,

neurobiology of trauma, drug-facilitated sexual assault,

child sexual abuse, and Illinois sexual assault-related

laws; and

(4) information on the hospital's sexual

assault-related policies and procedures.

The online training made available by the Office of the

Attorney General under subsection (b) of Section 10-1 may be

used to comply with this subsection.

(a-5) A hospital must submit a plan to provide either (i)

transfer services to all sexual assault survivors, (ii)

medical forensic services to all sexual assault survivors, or

(iii) transfer services to pediatric sexual assault survivors

and medical forensic services to sexual assault survivors 13

years old or older as required in subsection (a) of this

Section within 60 days of the Department's request. Failure to

submit a plan as described in this subsection shall subject a

hospital to the imposition of a fine by the Department. The

Department may impose a fine of up to $500 per day until the

hospital submits a plan as described in this subsection. No

fine shall be taken or assessed until January 1, 2024 (12

months after the effective date of Public Act 102-1106) this

amendatory Act of the 102nd General Assembly.

(a-10) Upon receipt of a plan as described in subsection

(a-5), the Department shall notify the hospital whether or not

the plan is acceptable. If the Department determines that the

plan is unacceptable, the hospital must submit a modified plan

within 10 days of service of the notification. If the

Department determines that the modified plan is unacceptable,

or if the hospital fails to submit a modified plan within 10

days, the Department may impose a fine of up to $500 per day

until an acceptable plan has been submitted, as determined by

the Department. No fine shall be taken or assessed until

January 1, 2024 (12 months after the effective date of Public

Act 102-1106) this amendatory Act of the 102nd General

Assembly.

(b) An approved pediatric health care facility may provide

medical forensic services, in accordance with rules adopted by

the Department, to all sexual assault survivors under the age

of 18 who present for medical forensic services in relation to

injuries or trauma resulting from a sexual assault. These

services shall be provided by a qualified medical provider.

A pediatric health care facility must participate in or

submit an areawide treatment plan under Section 3-1 of this

Act that includes a treatment hospital. If a pediatric health

care facility does not provide certain medical or surgical

services that are provided by hospitals, the areawide sexual

assault treatment plan must include a procedure for ensuring a

sexual assault survivor in need of such medical or surgical

services receives the services at the treatment hospital. The

areawide treatment plan may also include a treatment hospital

with approved pediatric transfer.

The Department shall review a proposed sexual assault

treatment plan submitted by a pediatric health care facility

within 60 days after receipt of the plan. If the Department

finds that the proposed plan meets the minimum requirements

set forth in Section 5-1 of this Act and that implementation of

the proposed plan would provide medical forensic services for

sexual assault survivors under the age of 18, then the

Department shall approve the plan. If the Department does not

approve a plan, then the Department shall notify the pediatric

health care facility that the proposed plan has not been

approved. The pediatric health care facility shall have 30

days to submit a revised plan. The Department shall review the

revised plan within 30 days after receipt of the plan and

notify the pediatric health care facility whether the revised

plan is approved or rejected. A pediatric health care facility

may not provide medical forensic services to sexual assault

survivors under the age of 18 who present with a complaint of

sexual assault within a minimum of the last 7 days or who have

disclosed past sexual assault by a specific individual and

were in the care of that individual within a minimum of the

last 7 days until the Department has approved a treatment

plan.

If an approved pediatric health care facility is not open

24 hours a day, 7 days a week, it shall post signage at each

public entrance to its facility that:

(1) is at least 14 inches by 14 inches in size;

(2) directs those seeking services as follows: "If

closed, call 911 for services or go to the closest

hospital emergency department, (insert name) located at

(insert address).";

(3) lists the approved pediatric health care

facility's hours of operation;

(4) lists the street address of the building;

(5) has a black background with white bold capital

lettering in a clear and easy to read font that is at least

72-point type, and with "call 911" in at least 125-point

type;

(6) is posted clearly and conspicuously on or adjacent

to the door at each entrance and, if building materials

allow, is posted internally for viewing through glass; if

posted externally, the sign shall be made of

weather-resistant and theft-resistant materials,

non-removable, and adhered permanently to the building;

and

(7) has lighting that is part of the sign itself or is

lit with a dedicated light that fully illuminates the

sign.

(b-5) An approved federally qualified health center may

provide medical forensic services, in accordance with rules

adopted by the Department, to all sexual assault survivors 13

years old or older who present for medical forensic services

in relation to injuries or trauma resulting from a sexual

assault during the duration, and 90 days thereafter, of a

proclamation issued by the Governor declaring a disaster, or a

successive proclamation regarding the same disaster, in all

102 counties due to a public health emergency. These services

must be available on-site during an approved federally

qualified health center's hours of operation and shall be

provided by a qualified medical provider. If the treatment

plan is terminated, the federally qualified health center must

submit to the Department for approval, before providing

medical forensic services, a new treatment plan and a list of

qualified medical providers to ensure coverage for the days

and hours of operation.

A federally qualified health center must employ a Sexual

Assault Nurse Examiner Coordinator who is a qualified medical

provider and a Medical Director who is a qualified medical

provider.

A federally qualified health center must participate in or

submit an areawide treatment plan under Section 3-1 of this

Act that includes a treatment hospital. If a federally

qualified health center does not provide certain medical or

surgical services that are provided by hospitals, the areawide

sexual assault treatment plan must include a procedure for

ensuring a sexual assault survivor in need of such medical or

surgical services receives the services at the treatment

hospital. The areawide treatment plan may also include a

treatment hospital with approved pediatric transfer or an

approved pediatric health care facility. An approved federally

qualified health center must report each instance that a

sexual assault survivor is transferred to a treatment

hospital, treatment hospital with approved pediatric transfer,

or an approved pediatric health care facility to the

Department within 24 hours of the transfer, in a form and

manner prescribed by the Department, including the reason for

the transfer.

The Department shall review a proposed sexual assault

treatment plan submitted by a federally qualified health

center within 14 days after receipt of the plan. The

Department shall approve the proposed sexual assault treatment

plan if it finds that the proposed plan:

(1) meets the minimum requirements set forth in

Section 5-1;

(2) would provide medical forensic services for sexual

assault survivors 13 years old or older on-site during the

approved federally qualified health center's hours of

operation; and

(3) includes an emergency protocol for sexual assault

survivors 13 years old or older to be transferred to a

treatment hospital or treatment hospital with approved

pediatric transfer to receive medical forensic services if

medical forensic services are not available by a qualified

medical provider during the approved federally qualified

health center's hours of operation, as required.

The Department shall not approve sexual assault treatment

plans for more than 6 federally qualified health centers,

which must be located in geographically diverse areas of the

State. If the Department does not approve a plan, then the

Department shall notify the federally qualified health center

that the proposed plan has not been approved. The federally

qualified health center shall have 14 days to submit a revised

plan. The Department shall review the revised plan within 14

days after receipt of the plan and notify the federally

qualified health center whether the revised plan is approved

or rejected. A federally qualified health center may not (i)

provide medical forensic services to sexual assault survivors

13 years old or older who present with a complaint of sexual

assault within a minimum of the previous 7 days or (ii) who

have disclosed past sexual assault by a specific individual

and were in the care of that individual within a minimum of the

previous 7 days until the Department has approved a treatment

plan.

Each approved federally qualified health center shall

ensure that any physician, physician assistant, advanced

practice registered nurse, or registered professional nurse

who (i) provides clinical services to sexual assault survivors

and (ii) does not meet the definition of a qualified medical

provider under Section 1a-1 receives (A) a minimum of 2 hours

of sexual assault training within 6 months after June 16, 2022

(the effective date of Public Act 102-1097) this amendatory

Act of the 102nd General Assembly or within 6 months after

beginning employment, whichever is later, and (B) a minimum of

2 hours of continuing education on responding to sexual

assault survivors every 2 years. Protocols for training shall

be included in the approved federally qualified health

center's sexual assault treatment plan. Sexual assault

training provided under this paragraph may be provided in

person or online and shall include, but not be limited to:

(1) information provided on the provision of medical

forensic services;

(2) information on the use of the Illinois Sexual

Assault Evidence Collection Kit;

(3) information on sexual assault epidemiology,

neurobiology of trauma, drug-facilitated sexual assault,

child sexual abuse, and Illinois sexual assault-related

laws; and

(4) information on the approved federally qualified

health center's sexual assault-related policies and

procedures.

The online training made available by the Office of the

Attorney General under subsection (b) of Section 10-1 may be

used to comply with the sexual assault training required under

the preceding paragraph.

If an approved federally qualified health center is not

open 24 hours a day, 7 days a week, it shall post signage at

each public entrance to its facility that:

(1) is at least 14 inches by 14 inches in size;

(2) directs those seeking services as follows: "If

closed, call 911 for services or go to the closest

hospital emergency department, (insert name) located at

(insert address).";

(3) lists the approved federally qualified health

center's hours of operation;

(4) lists the street address of the building;

(5) has a black background with white bold capital

lettering in a clear and easy to read font that is at least

72-point type, and with "call 911" in at least 125-point

type;

(6) is posted clearly and conspicuously on or adjacent

to the door at each entrance and, if building materials

allow, is posted internally for viewing through glass; if

posted externally, the sign shall be made of

weather-resistant and theft-resistant materials,

non-removable, and adhered permanently to the building;

(7) has lighting that is part of the sign itself or is

lit with a dedicated light that fully illuminates the

sign;

(8) directs those seeking services as follows: "Call

the local rape crisis center for support."; and

(9) includes the name and hotline number, available 24

hours a day, 7 days a week, of the local rape crisis

center.

A copy of the proposed sign must be submitted to the

Department and approved as part of the approved federally

qualified health center's sexual assault treatment plan.

(c) Each treatment hospital, treatment hospital with

approved pediatric transfer, approved pediatric health care

facility, and approved federally qualified health center must

enter into a memorandum of understanding with a rape crisis

center for medical advocacy services, if these services are

available to the treatment hospital, treatment hospital with

approved pediatric transfer, approved pediatric health care

facility, or approved federally qualified health center. With

the consent of the sexual assault survivor, a rape crisis

counselor shall remain in the exam room during the collection

for forensic evidence.

An approved federally qualified health center that has a

memorandum of understanding with a rape crisis center must

notify the rape crisis center immediately if medical forensic

services are not available during the approved federally

qualified health center's hours of operation or if the

approved federally qualified health center's treatment plan is

terminated by the Department.

(d) Every treatment hospital, treatment hospital with

approved pediatric transfer, approved pediatric health care

facility, and approved federally qualified health center's

sexual assault treatment plan shall include procedures for

complying with mandatory reporting requirements pursuant to

(1) the Abused and Neglected Child Reporting Act; (2) the

Abused and Neglected Long Term Care Facility Residents

Reporting Act; (3) the Adult Protective Services Act; and (iv)

the Criminal Identification Act.

(e) Each treatment hospital, treatment hospital with

approved pediatric transfer, approved pediatric health care

facility, and approved federally qualified health center shall

submit to the Department every 6 months, in a manner

prescribed by the Department, the following information:

(1) The total number of patients who presented with a

complaint of sexual assault.

(2) The total number of Illinois Sexual Assault

Evidence Collection Kits:

(A) offered to (i) all sexual assault survivors

and (ii) pediatric sexual assault survivors pursuant

to paragraph (1.5) of subsection (a-5) of Section 5-1;

(B) completed for (i) all sexual assault survivors

and (ii) pediatric sexual assault survivors; and

(C) declined by (i) all sexual assault survivors

and (ii) pediatric sexual assault survivors.

This information shall be made available on the

Department's website.

(f) This Section is repealed on December 31, 2023.

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

102-674, eff. 11-30-21; 102-1097, eff. 6-16-22; 102-1106, eff.

1-1-23; revised 12-19-22.)

(410 ILCS 70/5-1)

(Section scheduled to be repealed on December 31, 2023)

Sec. 5-1. Minimum requirements for medical forensic

services provided to sexual assault survivors by hospitals,

approved pediatric health care facilities, and approved

federally qualified health centers.

(a) Every hospital, approved pediatric health care

facility, and approved federally qualified health center

providing medical forensic services to sexual assault

survivors under this Act shall, as minimum requirements for

such services, provide, with the consent of the sexual assault

survivor, and as ordered by the attending physician, an

advanced practice registered nurse, or a physician assistant,

the services set forth in subsection (a-5).

Beginning January 1, 2023, a qualified medical provider

must provide the services set forth in subsection (a-5).

(a-5) A treatment hospital, a treatment hospital with

approved pediatric transfer, an approved pediatric health care

facility, or an approved federally qualified health center

shall provide the following services in accordance with

subsection (a):

(1) Appropriate medical forensic services without

delay, in a private, age-appropriate or

developmentally-appropriate space, required to ensure the

health, safety, and welfare of a sexual assault survivor

and which may be used as evidence in a criminal proceeding

against a person accused of the sexual assault, in a

proceeding under the Juvenile Court Act of 1987, or in an

investigation under the Abused and Neglected Child

Reporting Act.

Records of medical forensic services, including

results of examinations and tests, the Illinois State

Police Medical Forensic Documentation Forms, the Illinois

State Police Patient Discharge Materials, and the Illinois

State Police Patient Consent: Collect and Test Evidence or

Collect and Hold Evidence Form, shall be maintained by the

hospital or approved pediatric health care facility as

part of the patient's electronic medical record.

Records of medical forensic services of sexual assault

survivors under the age of 18 shall be retained by the

hospital for a period of 60 years after the sexual assault

survivor reaches the age of 18. Records of medical

forensic services of sexual assault survivors 18 years of

age or older shall be retained by the hospital for a period

of 20 years after the date the record was created.

Records of medical forensic services may only be

disseminated in accordance with Section 6.5-1 of this Act

and other State and federal law.

(1.5) An offer to complete the Illinois Sexual Assault

Evidence Collection Kit for any sexual assault survivor

who presents within a minimum of the last 7 days of the

assault or who has disclosed past sexual assault by a

specific individual and was in the care of that individual

within a minimum of the last 7 days.

(A) Appropriate oral and written information

concerning evidence-based guidelines for the

appropriateness of evidence collection depending on

the sexual development of the sexual assault survivor,

the type of sexual assault, and the timing of the

sexual assault shall be provided to the sexual assault

survivor. Evidence collection is encouraged for

prepubescent sexual assault survivors who present to a

hospital or approved pediatric health care facility

with a complaint of sexual assault within a minimum of

96 hours after the sexual assault.

Before January 1, 2023, the information required

under this subparagraph shall be provided in person by

the health care professional providing medical

forensic services directly to the sexual assault

survivor.

On and after January 1, 2023, the information

required under this subparagraph shall be provided in

person by the qualified medical provider providing

medical forensic services directly to the sexual

assault survivor.

The written information provided shall be the

information created in accordance with Section 10-1 of

this Act.

(B) Following the discussion regarding the

evidence-based guidelines for evidence collection in

accordance with subparagraph (A), evidence collection

must be completed at the sexual assault survivor's

request. A sexual assault nurse examiner conducting an

examination using the Illinois State Police Sexual

Assault Evidence Collection Kit may do so without the

presence or participation of a physician.

(2) Appropriate oral and written information

concerning the possibility of infection, sexually

transmitted infection, including an evaluation of the

sexual assault survivor's risk of contracting human

immunodeficiency virus (HIV) from sexual assault, and

pregnancy resulting from sexual assault.

(3) Appropriate oral and written information

concerning accepted medical procedures, laboratory tests,

medication, and possible contraindications of such

medication available for the prevention or treatment of

infection or disease resulting from sexual assault.

(3.5) After a medical evidentiary or physical

examination, access to a shower at no cost, unless

showering facilities are unavailable.

(4) An amount of medication, including HIV

prophylaxis, for treatment at the hospital, approved

pediatric health care facility, or approved federally

qualified health center and after discharge as is deemed

appropriate by the attending physician, an advanced

practice registered nurse, or a physician assistant in

accordance with the Centers for Disease Control and

Prevention guidelines and consistent with the hospital's

or approved pediatric health care facility's current

approved protocol for sexual assault survivors.

(5) Photo documentation of the sexual assault

survivor's injuries, anatomy involved in the assault, or

other visible evidence on the sexual assault survivor's

body to supplement the medical forensic history and

written documentation of physical findings and evidence

beginning July 1, 2019. Photo documentation does not

replace written documentation of the injury.

(6) Written and oral instructions indicating the need

for follow-up examinations and laboratory tests after the

sexual assault to determine the presence or absence of

sexually transmitted infection.

(7) Referral by hospital, approved pediatric health

care facility, or approved federally qualified health

center personnel for appropriate counseling.

(8) Medical advocacy services provided by a rape

crisis counselor whose communications are protected under

Section 8-802.1 of the Code of Civil Procedure, if there

is a memorandum of understanding between the hospital,

approved pediatric health care facility, or approved

federally qualified health center and a rape crisis

center. With the consent of the sexual assault survivor, a

rape crisis counselor shall remain in the exam room during

the medical forensic examination.

(9) Written information regarding services provided by

a Children's Advocacy Center and rape crisis center, if

applicable.

(10) A treatment hospital, a treatment hospital with

approved pediatric transfer, an out-of-state hospital as

defined in Section 5.4, an approved pediatric health care

facility, or an approved federally qualified health center

shall comply with the rules relating to the collection and

tracking of sexual assault evidence adopted by the

Illinois Department of State Police under Section 50 of

the Sexual Assault Evidence Submission Act.

(11) Written information regarding the Illinois State

Police sexual assault evidence tracking system.

(a-7) By January 1, 2023, every hospital with a treatment

plan approved by the Department shall employ or contract with

a qualified medical provider to initiate medical forensic

services to a sexual assault survivor within 90 minutes of the

patient presenting to the treatment hospital or treatment

hospital with approved pediatric transfer. The provision of

medical forensic services by a qualified medical provider

shall not delay the provision of life-saving medical care.

(a-10) Every federally qualified health center with a

treatment plan approved by the Department shall employ or

contract with a qualified medical provider to initiate medical

forensic services to a sexual assault survivor within 90

minutes of the patient presenting to the federally qualified

health center. The provision of medical forensic services by a

qualified medical provider shall not delay the provision of

life-saving medical care.

(b) Any person who is a sexual assault survivor who seeks

medical forensic services or follow-up healthcare under this

Act shall be provided such services without the consent of any

parent, guardian, custodian, surrogate, or agent. If a sexual

assault survivor is unable to consent to medical forensic

services, the services may be provided under the Consent by

Minors to Health Care Services Act, the Health Care Surrogate

Act, or other applicable State and federal laws.

(b-5) Every hospital, approved pediatric health care

facility, or approved federally qualified health center

providing medical forensic services to sexual assault

survivors shall issue a voucher to any sexual assault survivor

who is eligible to receive one in accordance with Section

5.2-1 of this Act. The hospital, approved pediatric health

care facility, or approved federally qualified health center

shall make a copy of the voucher and place it in the medical

record of the sexual assault survivor. The hospital, approved

pediatric health care facility, or approved federally

qualified health center shall provide a copy of the voucher to

the sexual assault survivor after discharge upon request.

(c) Nothing in this Section creates a physician-patient

relationship that extends beyond discharge from the hospital,

or approved pediatric health care facility, or approved

federally qualified health center.

(d) This Section is repealed on December 31, 2023.

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

102-674, eff. 11-30-21; 102-1097, eff. 6-16-22; 102-1106, eff.

1-1-23; revised 12-19-22.)

(410 ILCS 70/5.4)

Sec. 5.4. Out-of-state hospitals.

(a) Nothing in this Section shall prohibit the transfer of

a patient in need of medical services from a hospital that has

been designated as a trauma center by the Department in

accordance with Section 3.90 of the Emergency Medical Services

(EMS) Systems Act.

(b) A transfer hospital, treatment hospital with approved

pediatric transfer, or approved pediatric health care facility

may transfer a sexual assault survivor to an out-of-state

hospital that is located in a county that borders Illinois if

the out-of-state hospital: (1) submits an areawide treatment

plan approved by the Department; and (2) has certified the

following to the Department in a form and manner prescribed by

the Department that the out-of-state hospital will:

(i) consent to the jurisdiction of the Department in

accordance with Section 2.06 of this Act;

(ii) comply with all requirements of this Act

applicable to treatment hospitals, including, but not

limited to, offering evidence collection to any Illinois

sexual assault survivor who presents with a complaint of

sexual assault within a minimum of the last 7 days or who

has disclosed past sexual assault by a specific individual

and was in the care of that individual within a minimum of

the last 7 days and not billing the sexual assault

survivor for medical forensic services or 180 days of

follow-up healthcare;

(iii) use an Illinois State Police Sexual Assault

Evidence Collection Kit to collect forensic evidence from

an Illinois sexual assault survivor;

(iv) ensure its staff cooperates with Illinois law

enforcement agencies and are responsive to subpoenas

issued by Illinois courts; and

(v) provide appropriate transportation upon the

completion of medical forensic services back to the

transfer hospital or treatment hospital with pediatric

transfer where the sexual assault survivor initially

presented seeking medical forensic services, unless the

sexual assault survivor chooses to arrange his or her own

transportation.

(c) Subsection (b) of this Section is inoperative on and

after January 1, 2029.

(Source: P.A. 102-1097, eff. 1-1-23; 102-1106, eff. 1-1-23;

revised 12-19-22.)

(410 ILCS 70/7)

Sec. 7. Reimbursement.

(a) A hospital, approved pediatric health care facility,

or health care professional furnishing medical forensic

services, an ambulance provider furnishing transportation to a

sexual assault survivor, a hospital, health care professional,

or laboratory providing follow-up healthcare, or a pharmacy

dispensing prescribed medications to any sexual assault

survivor shall furnish such services or medications to that

person without charge and shall seek payment as follows:

(1) If a sexual assault survivor is eligible to

receive benefits under the medical assistance program

under Article V of the Illinois Public Aid Code, the

ambulance provider, hospital, approved pediatric health

care facility, health care professional, laboratory, or

pharmacy must submit the bill to the Department of

Healthcare and Family Services or the appropriate Medicaid

managed care organization and accept the amount paid as

full payment.

(2) If a sexual assault survivor is covered by one or

more policies of health insurance or is a beneficiary

under a public or private health coverage program, the

ambulance provider, hospital, approved pediatric health

care facility, health care professional, laboratory, or

pharmacy shall bill the insurance company or program. With

respect to such insured patients, applicable deductible,

co-pay, co-insurance, denial of claim, or any other

out-of-pocket insurance-related expense may be submitted

to the Illinois Sexual Assault Emergency Treatment Program

of the Department of Healthcare and Family Services in

accordance with 89 Ill. Adm. Code 148.510 for payment at

the Department of Healthcare and Family Services'

allowable rates under the Illinois Public Aid Code. The

ambulance provider, hospital, approved pediatric health

care facility, health care professional, laboratory, or

pharmacy shall accept the amounts paid by the insurance

company or health coverage program and the Illinois Sexual

Assault Treatment Program as full payment.

(3) If a sexual assault survivor (i) is neither

eligible to receive benefits under the medical assistance

program under Article V of the Illinois Public Aid Code

nor covered by a policy of insurance or a public or private

health coverage program or (ii) opts out of billing a

private insurance provider, as permitted under subsection

(a-5) of Section 7.5, the ambulance provider, hospital,

approved pediatric health care facility, health care

professional, laboratory, or pharmacy shall submit the

request for reimbursement to the Illinois Sexual Assault

Emergency Treatment Program under the Department of

Healthcare and Family Services in accordance with 89 Ill.

Adm. Code 148.510 at the Department of Healthcare and

Family Services' allowable rates under the Illinois Public

Aid Code.

(4) If a sexual assault survivor presents a sexual

assault services voucher for follow-up healthcare, the

healthcare professional, pediatric health care facility,

or laboratory that provides follow-up healthcare or the

pharmacy that dispenses prescribed medications to a sexual

assault survivor shall submit the request for

reimbursement for follow-up healthcare, pediatric health

care facility, laboratory, or pharmacy services to the

Illinois Sexual Assault Emergency Treatment Program under

the Department of Healthcare and Family Services in

accordance with 89 Ill. Adm. Code 148.510 at the

Department of Healthcare and Family Services' allowable

rates under the Illinois Public Aid Code. Nothing in this

subsection (a) precludes hospitals or approved pediatric

health care facilities from providing follow-up healthcare

and receiving reimbursement under this Section.

(b) Nothing in this Section precludes a hospital, health

care provider, ambulance provider, laboratory, or pharmacy

from billing the sexual assault survivor or any applicable

health insurance or coverage for inpatient services.

(b-5) Medical forensic services furnished by a person or

entity described under subsection (a) to any sexual assault

survivor on or after July 1, 2022 that are required under this

Act to be reimbursed by the Department of Healthcare and

Family Services, the Illinois Sexual Assault Emergency

Treatment Program under the Department of Healthcare and

Family Services, or the appropriate Medicaid managed care

organization shall be reimbursed at a rate of at least $1,000.

(c) (Blank).

(d) (Blank).

(e) The Department of Healthcare and Family Services shall

establish standards, rules, and regulations to implement this

Section.

(f) This Section is effective on and after January 1,

2024.

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

102-674, eff. 11-30-21; 102-699, Article 30, Section 30-5,

eff. 4-19-22; 102-699, Article 35, Section 35-5 (See Section

99-99 of P.A. 102-699 and Section 99 of P.A. 102-1097

regarding the effective date of changes made in Article 35 of

P.A. 102-699); revised 12-14-22.)

(410 ILCS 70/7-1)

(Section scheduled to be repealed on December 31, 2023)

Sec. 7-1. Reimbursement

(a) A hospital, approved pediatric health care facility,

approved federally qualified health center, or health care

professional furnishing medical forensic services, an

ambulance provider furnishing transportation to a sexual

assault survivor, a hospital, health care professional, or

laboratory providing follow-up healthcare, or a pharmacy

dispensing prescribed medications to any sexual assault

survivor shall furnish such services or medications to that

person without charge and shall seek payment as follows:

(1) If a sexual assault survivor is eligible to

receive benefits under the medical assistance program

under Article V of the Illinois Public Aid Code, the

ambulance provider, hospital, approved pediatric health

care facility, approved federally qualified health center,

health care professional, laboratory, or pharmacy must

submit the bill to the Department of Healthcare and Family

Services or the appropriate Medicaid managed care

organization and accept the amount paid as full payment.

(2) If a sexual assault survivor is covered by one or

more policies of health insurance or is a beneficiary

under a public or private health coverage program, the

ambulance provider, hospital, approved pediatric health

care facility, approved federally qualified health center,

health care professional, laboratory, or pharmacy shall

bill the insurance company or program. With respect to

such insured patients, applicable deductible, co-pay,

co-insurance, denial of claim, or any other out-of-pocket

insurance-related expense may be submitted to the Illinois

Sexual Assault Emergency Treatment Program of the

Department of Healthcare and Family Services in accordance

with 89 Ill. Adm. Code 148.510 for payment at the

Department of Healthcare and Family Services' allowable

rates under the Illinois Public Aid Code. The ambulance

provider, hospital, approved pediatric health care

facility, approved federally qualified health center,

health care professional, laboratory, or pharmacy shall

accept the amounts paid by the insurance company or health

coverage program and the Illinois Sexual Assault Treatment

Program as full payment.

(3) If a sexual assault survivor (i) is neither

eligible to receive benefits under the medical assistance

program under Article V of the Illinois Public Aid Code

nor covered by a policy of insurance or a public or private

health coverage program or (ii) opts out of billing a

private insurance provider, as permitted under subsection

(a-5) of Section 7.5, the ambulance provider, hospital,

approved pediatric health care facility, approved

federally qualified health center, health care

professional, laboratory, or pharmacy shall submit the

request for reimbursement to the Illinois Sexual Assault

Emergency Treatment Program under the Department of

Healthcare and Family Services in accordance with 89 Ill.

Adm. Code 148.510 at the Department of Healthcare and

Family Services' allowable rates under the Illinois Public

Aid Code.

(4) If a sexual assault survivor presents a sexual

assault services voucher for follow-up healthcare, the

healthcare professional, pediatric health care facility,

federally qualified health center, or laboratory that

provides follow-up healthcare or the pharmacy that

dispenses prescribed medications to a sexual assault

survivor shall submit the request for reimbursement for

follow-up healthcare, pediatric health care facility,

laboratory, or pharmacy services to the Illinois Sexual

Assault Emergency Treatment Program under the Department

of Healthcare and Family Services in accordance with 89

Ill. Adm. Code 148.510 at the Department of Healthcare and

Family Services' allowable rates under the Illinois Public

Aid Code. Nothing in this subsection (a) precludes

hospitals, or approved pediatric health care facilities or

approved federally qualified health centers from providing

follow-up healthcare and receiving reimbursement under

this Section.

(b) Nothing in this Section precludes a hospital, health

care provider, ambulance provider, laboratory, or pharmacy

from billing the sexual assault survivor or any applicable

health insurance or coverage for inpatient services.

(b-5) Medical forensic services furnished by a person or

entity described under subsection (a) to any sexual assault

survivor on or after July 1, 2022 that are required under this

Act to be reimbursed by the Department of Healthcare and

Family Services, the Illinois Sexual Assault Emergency

Treatment Program under the Department of Healthcare and

Family Services, or the appropriate Medicaid managed care

organization shall be reimbursed at a rate of at least $1,000.

(c) (Blank).

(d) (Blank).

(e) The Department of Healthcare and Family Services shall

establish standards, rules, and regulations to implement this

Section.

(f) This Section is repealed on December 31, 2023.

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;

102-674, eff. 11-30-21; 102-699, Article 30, Section 30-5,

eff. 4-19-22; 102-699, Article 35, Section 35-5 (See Section

99-99 of P.A. 102-699 and Section 99 of P.A. 102-1097

regarding the effective date of changes made in Article 35 of

P.A. 102-699); revised 12-14-22.)

(410 ILCS 70/9.5)

(Section scheduled to be repealed on January 1, 2025)

Sec. 9.5. Sexual Assault Medical Forensic Services

Implementation Task Force.

(a) The Sexual Assault Medical Forensic Services

Implementation Task Force is created to assist hospitals and

approved pediatric health care facilities with the

implementation of the changes made by Public Act 100-775 this

amendatory Act of the l00th General Assembly. The Task Force

shall consist of the following members, who shall serve

without compensation:

(1) one member of the Senate appointed by the

President of the Senate, who may designate an alternate

member;

(2) one member of the Senate appointed by the Minority

Leader of the Senate, who may designate an alternate

member;

(3) one member of the House of Representatives

appointed by the Speaker of the House of Representatives,

who may designate an alternate member;

(4) one member of the House of Representatives

appointed by the Minority Leader of the House of

Representatives, who may designate an alternate member;

(5) two members representing the Office of the

Attorney General appointed by the Attorney General, one of

whom shall be the Sexual Assault Nurse Examiner

Coordinator for the State of Illinois;

(6) one member representing the Department of Public

Health appointed by the Director of Public Health;

(7) one member representing the Illinois State Police

appointed by the Director of the Illinois State Police;

(8) one member representing the Department of

Healthcare and Family Services appointed by the Director

of Healthcare and Family Services;

(9) six members representing hospitals appointed by

the head of a statewide organization representing the

interests of hospitals in Illinois, at least one of whom

shall represent small and rural hospitals and at least one

of these members shall represent urban hospitals;

(10) one member representing physicians appointed by

the head of a statewide organization representing the

interests of physicians in Illinois;

(11) one member representing emergency physicians

appointed by the head of a statewide organization

representing the interests of emergency physicians in

Illinois;

(12) two members representing child abuse

pediatricians appointed by the head of a statewide

organization representing the interests of child abuse

pediatricians in Illinois, at least one of whom shall

represent child abuse pediatricians providing medical

forensic services in rural locations and at least one of

whom shall represent child abuse pediatricians providing

medical forensic services in urban locations;

(13) one member representing nurses appointed by the

head of a statewide organization representing the

interests of nurses in Illinois;

(14) two members representing sexual assault nurse

examiners appointed by the head of a statewide

organization representing the interests of forensic nurses

in Illinois, at least one of whom shall represent

pediatric/adolescent sexual assault nurse examiners and at

least one of these members shall represent

adult/adolescent sexual assault nurse examiners;

(15) one member representing State's Attorneys

appointed by the head of a statewide organization

representing the interests of State's Attorneys in

Illinois;

(16) three members representing sexual assault

survivors appointed by the head of a statewide

organization representing the interests of sexual assault

survivors and rape crisis centers, at least one of whom

shall represent rural rape crisis centers and at least one

of whom shall represent urban rape crisis centers;

(17) two members representing children's advocacy

centers appointed by the head of a statewide organization

representing the interests of children's advocacy centers

in Illinois, one of whom represents rural child advocacy

centers and one of whom represents urban child advocacy

centers; and

(18) one member representing approved federally

qualified health centers appointed by the Director of

Public Health.

The members representing the Office of the Attorney

General and the Department of Public Health shall serve as

co-chairpersons of the Task Force. The Office of the Attorney

General shall provide administrative and other support to the

Task Force.

(b) The first meeting of the Task Force shall be called by

the co-chairpersons no later than 90 days after the effective

date of this Section.

(c) The goals of the Task Force shall include, but not be

limited to, the following:

(1) to facilitate the development of areawide

treatment plans among hospitals and pediatric health care

facilities;

(2) to facilitate the development of on-call systems

of qualified medical providers and assist hospitals with

the development of plans to employ or contract with a

qualified medical provider to initiate medical forensic

services to a sexual assault survivor within 90 minutes of

the patient presenting to the hospital as required in

subsection (a-7) of Section 5;

(3) to identify photography and storage options for

hospitals to comply with the photo documentation

requirements in Sections 5 and 5.1;

(4) to develop a model written agreement for use by

rape crisis centers, hospitals, and approved pediatric

health care facilities with sexual assault treatment plans

to comply with subsection (c) of Section 2;

(5) to develop and distribute educational information

regarding the implementation of this Act to hospitals,

health care providers, rape crisis centers, children's

advocacy centers, State's Attorney's offices;

(6) to examine the role of telemedicine in the

provision of medical forensic services under this Act and

to develop recommendations for statutory change and

standards and procedures for the use of telemedicine to be

adopted by the Department;

(7) to seek inclusion of the International Association

of Forensic Nurses Sexual Assault Nurse Examiner Education

Guidelines for nurses within the registered nurse training

curriculum in Illinois nursing programs and the American

College of Emergency Physicians Management of the Patient

with the Complaint of Sexual Assault for emergency

physicians within the Illinois residency training

curriculum for emergency physicians; and

(8) to submit a report to the General Assembly by

January 1, 2024 regarding the status of implementation of

Public Act 100-775 this amendatory Act of the 100th

General Assembly, including, but not limited to, the

impact of transfers to out-of-state hospitals on sexual

assault survivors, the availability of treatment hospitals

in Illinois, and the status of pediatric sexual assault

care. The report shall also cover the impact of medical

forensic services provided at approved federally qualified

health centers on sexual assault survivors. The report to

the General Assembly shall be filed with the Clerk of the

House of Representatives and the Secretary of the Senate

in electronic form only, in the manner that the Clerk and

the Secretary shall direct.

(d) This Section is repealed on January 1, 2025.

(Source: P.A. 102-538, eff. 8-20-21; 102-1097, eff. 6-16-22;

102-1106, eff. 12-14-22; revised 12-19-22.)

Section 585. The Vital Records Act is amended by changing

Section 18 as follows:

(410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)

Sec. 18. (1) Each death which occurs in this State shall be

registered by filing a death certificate with the local

registrar of the district in which the death occurred or the

body was found, within 7 days after such death (within 5 days

if the death occurs prior to January 1, 1989) and prior to

cremation or removal of the body from the State, except when

death is subject to investigation by the coroner or medical

examiner.

(a) For the purposes of this Section, if the place of

death is unknown, a death certificate shall be filed in

the registration district in which a dead body is found,

which shall be considered the place of death.

(b) When a death occurs on a moving conveyance, the

place where the body is first removed from the conveyance

shall be considered the place of death and a death

certificate shall be filed in the registration district in

which such place is located.

(c) The funeral director who first assumes custody of

a dead body shall be responsible for filing a completed

death certificate. He or she shall obtain the personal

data from the next of kin or the best qualified person or

source available; he or she shall enter on the certificate

the name, relationship, and address of the informant; he

or she shall enter the date, place, and method of final

disposition; he or she shall affix his or her own

signature and enter his or her address; and shall present

the certificate to the person responsible for completing

the medical certification of cause of death. The person

responsible for completing the medical certification of

cause of death must note the presence of

methicillin-resistant staphylococcus aureus, clostridium

difficile, or vancomycin-resistant enterococci if it is a

contributing factor to or the cause of death. Additional

multi-drug resistant organisms (MDROs) may be added to

this list by the Department by rule.

(2) The medical certification shall be completed and

signed within 48 hours after death by the certifying health

care professional who, within 12 months prior to the date of

the patient's death, was treating or managing treatment of the

patient's illness or condition which resulted in death, except

when death is subject to the coroner's or medical examiner's

investigation. In the absence of the certifying health care

professional or with his or her approval, the medical

certificate may be completed and signed by his or her

associate physician, or advanced practice registered nurse, or

physician assistant, the chief medical officer of the

institution in which death occurred, or by the physician who

performed an autopsy upon the decedent.

(3) When a death occurs without medical attendance, or

when it is otherwise subject to the coroner's or medical

examiner's investigation, the coroner or medical examiner

shall be responsible for the completion of a coroner's or

medical examiner's certificate of death and shall sign the

medical certification within 48 hours after death, except as

provided by regulation in special problem cases. If the

decedent was under the age of 18 years at the time of his or

her death, and the death was due to injuries suffered as a

result of a motor vehicle backing over a child, or if the death

occurred due to the power window of a motor vehicle, the

coroner or medical examiner must send a copy of the medical

certification, with information documenting that the death was

due to a vehicle backing over the child or that the death was

caused by a power window of a vehicle, to the Department of

Children and Family Services. The Department of Children and

Family Services shall (i) collect this information for use by

Child Death Review Teams and (ii) compile and maintain this

information as part of its Annual Child Death Review Team

Report to the General Assembly.

(3.5) The medical certification of cause of death shall

expressly provide an opportunity for the person completing the

certification to indicate that the death was caused in whole

or in part by a dementia-related disease, Parkinson's Disease,

or Parkinson-Dementia Complex.

(4) When the deceased was a veteran of any war of the

United States, the funeral director shall prepare a

"Certificate of Burial of U. S. War Veteran", as prescribed

and furnished by the Illinois Department of Veterans' Affairs,

and submit such certificate to the Illinois Department of

Veterans' Affairs monthly.

(5) When a death is presumed to have occurred in this State

but the body cannot be located, a death certificate may be

prepared by the State Registrar upon receipt of an order of a

court of competent jurisdiction which includes the finding of

facts required to complete the death certificate. Such death

certificate shall be marked "Presumptive" and shall show on

its face the date of the registration and shall identify the

court and the date of the judgment.

(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23;

revised 12-12-22.)

Section 590. The Sanitary Food Preparation Act is amended

by changing Sections 2 and 8 as follows:

(410 ILCS 650/2) (from Ch. 56 1/2, par. 68)

Sec. 2. The floors, sidewalks, ceilings, furniture,

receptacles, implements, and machinery of every such

establishment or place where such food intended for sale is

produced, prepared, manufactured, packed, stored, sold, or

distributed, and all cars, trucks, and vehicles used in the

transportation of such food products, shall at no time be kept

or permitted to remain in an unclean, unhealthful, or

insanitary condition; and for the purpose of this Act act,

unclean, unhealthful, or insanitary conditions shall be deemed

to exist if food in the process of production, preparation,

manufacture, packing, storing, sale, distribution, or

transportation is not securely protected from flies, dust,

dirt, and, as far as may be necessary by all reasonable means,

from all other foreign or injurious contamination; or if the

refuse, dirt, or waste products subject to decomposition and

fermentation incident to the manufacture, preparation,

packing, storing, selling, distributing, or transportation of

such food are not removed daily, or if all trucks, trays,

boxes, buckets, or other receptacles, or the shutes,

platforms, racks, tables, shelves, and knives, saws, cleavers,

or other utensils, or the machinery used in moving, handling,

cutting, chopping, mixing, canning, or other processes are not

thoroughly cleaned daily; or if the clothing of operatives,

employees employes, clerks, or other persons therein employed,

is unclean.

(Source: P.A. 80-1495; revised 8-24-22.)

(410 ILCS 650/8) (from Ch. 56 1/2, par. 74)

Sec. 8. No operative, employee employe, or other persons

shall expectorate on the food or on the utensils or on the

floors or sidewalls of any building, room, basement, or cellar

where the production, preparation, manufacture, packing,

storing, or sale of any such food is conducted. Operatives,

employees employes, clerks, and all other persons who handle

the material from which such food is prepared or the finished

product, before beginning work, or after visiting toilet or

toilets, shall wash their hands thoroughly in clean water.

Whoever fails to observe or violates the provisions of this

Section shall be guilty of a petty offense and fined not more

than $25.

(Source: P.A. 77-2695; revised 8-24-22.)

Section 595. The Drug Take-Back Act is amended by changing

Section 25 as follows:

(410 ILCS 720/25)

Sec. 25. Drug take-back program requirements.

(a) At least 120 days prior to submitting a proposal under

Section 35, a manufacturer program operator must notify

potential authorized collectors of the opportunity to serve as

an authorized collector for the proposed drug take-back

program. No later than 30 days after a potential authorized

collector expresses interest in participating in a proposed

program, the manufacturer program operator must commence good

faith negotiations with the potential authorized collector

regarding the collector's participation in the program.

(b) A person may serve as an authorized collector for a

drug take-back program voluntarily or in exchange for

compensation. Nothing in this Act requires any person to serve

as an authorized collector for a drug take-back program.

(c) A pharmacy shall not be required to participate in a

drug take-back program.

(d) A drug take-back program must include as a collector

any person who (i) is a potential authorized collector and

(ii) offers to participate in the program. The manufacturer

program operator must include the person in the program as an

authorized collector no later than 90 days after receiving a

written offer to participate.

(e) A drug take-back program must pay for all

administrative and operational costs of the drug take-back

program, as outlined in subsection (a) of Section 55.

(f) An authorized collector operating a drug take-back

program collection site must accept all covered drugs from

consumers during the hours that the location used as a

collection site is normally open for business to the public.

(g) A drug take-back program collection site must collect

covered drugs and store them in compliance with State and

federal law, including United States Drug Enforcement

Administration regulations. The manufacturer program operator

must provide for transportation and disposal of collected

covered drugs in a manner that ensures each collection site is

serviced as often as necessary to avoid reaching capacity and

that collected covered drugs are transported to final disposal

in a manner compliant with State and federal law, including a

process for additional prompt collection service upon

notification from the collection site. Covered drugs shall be

disposed of at:

(1) a permitted hazardous waste facility that meets

the requirements under 40 CFR 264 and 40 CFR 265;

(2) a permitted municipal waste incinerator that meets

the requirements under 40 CFR 50 and 40 CFR 62; or

(3) a permitted hospital, medical, and infectious

waste incinerator that meets the requirements under

subpart HHH of 40 CFR part 62, an applicable State plan for

existing hospital, medical, and infectious waste

incinerators, or subpart Ec of 40 CFR part 60 for new

hospital, medical, and infectious waste incinerators.

(h) Authorized collectors must comply with all State and

federal laws and regulations governing the collection,

storage, and disposal of covered drugs, including United

States Drug Enforcement Administration regulations.

(i) A drug take-back program must provide for the

collection, transportation, and disposal of covered drugs on

an ongoing, year-round basis and must provide access for

residents across the State as set forth in subsection (j).

(j) A drug take-back program shall provide, in every

county with a potential authorized collector, one authorized

collection site and a minimum of at least one additional

collection site for every 50,000 county residents, provided

that there are enough potential authorized collectors offering

to participate in the drug take-back program.

All potential authorized collection sites that offer to

participate in a drug take-back program shall be counted

toward towards meeting the minimum number of authorized

collection sites within a drug take-back program. Collection

sites funded in part or in whole under a contract between a

covered manufacturer and a pharmacy entered into on or before

June 10, 2022 (the effective date of this Act) shall be counted

toward towards the minimum requirements within this Section

for so long as the contract continues.

(k) A drug take-back program may include mail-back

distribution locations or periodic collection events for each

county in the State. The manufacturer program operator shall

consult with each county authority identified in the written

notice prior to preparing the program plan to determine the

role that mail-back distribution locations or periodic

collection events will have in the drug take-back program.

The requirement to hold periodic collection events shall

be deemed to be satisfied if a manufacturer program operator

makes reasonable efforts to arrange periodic collection events

but they cannot be scheduled due to lack of law enforcement

availability.

A drug take-back program must permit a consumer who is a

homeless, homebound, or disabled individual to request

prepaid, preaddressed mailing envelopes. A manufacturer

program operator shall accept the request through a website

and toll-free telephone number that it must maintain to comply

with the requests.

(Source: P.A. 102-1055, eff. 6-10-22; revised 8-24-22.)

Section 600. The Environmental Protection Act is amended

by changing Sections 10, 22.15, and 22.59 as follows:

(415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)

Sec. 10. Regulations.

(A) The Board, pursuant to procedures prescribed in Title

VII of this Act, may adopt regulations to promote the purposes

of this Title. Without limiting the generality of this

authority, such regulations may among other things prescribe:

(a) (Blank);

(b) Emission standards specifying the maximum amounts

or concentrations of various contaminants that may be

discharged into the atmosphere;

(c) Standards for the issuance of permits for

construction, installation, or operation of any equipment,

facility, vehicle, vessel, or aircraft capable of causing

or contributing to air pollution or designed to prevent

air pollution;

(d) Standards and conditions regarding the sale,

offer, or use of any fuel, vehicle, or other article

determined by the Board to constitute an air-pollution

hazard;

(e) Alert and abatement standards relative to

air-pollution episodes or emergencies constituting an

acute danger to health or to the environment;

(f) Requirements and procedures for the inspection of

any equipment, facility, vehicle, vessel, or aircraft that

may cause or contribute to air pollution;

(g) Requirements and standards for equipment and

procedures for monitoring contaminant discharges at their

sources, the collection of samples, and the collection,

reporting, and retention of data resulting from such

monitoring.

(B) The Board may adopt regulations and emission standards

that are applicable or that may become applicable to

stationary emission sources located in all areas of the State

in accordance with any of the following:

(1) that are required by federal law;

(2) that are otherwise part of the State's attainment

plan and are necessary to attain the national ambient air

quality standards; or

(3) that are necessary to comply with the requirements

of the federal Clean Air Act.

(C) The Board may not adopt any regulation banning the

burning of landscape waste throughout the State generally. The

Board may, by regulation, restrict or prohibit the burning of

landscape waste within any geographical area of the State if

it determines based on medical and biological evidence

generally accepted by the scientific community that such

burning will produce in the atmosphere of that geographical

area contaminants in sufficient quantities and of such

characteristics and duration as to be injurious to human

humans, plant, or animal life, or health.

(D) The Board shall adopt regulations requiring the owner

or operator of a gasoline dispensing system that dispenses

more than 10,000 gallons of gasoline per month to install and

operate a system for the recovery of gasoline vapor emissions

arising from the fueling of motor vehicles that meets the

requirements of Section 182 of the federal Clean Air Act (42

U.S.C. USC 7511a). These regulations shall apply only in areas

of the State that are classified as moderate, serious, severe,

or extreme nonattainment areas for ozone pursuant to Section

181 of the federal Clean Air Act (42 U.S.C. USC 7511), but

shall not apply in such areas classified as moderate

nonattainment areas for ozone if the Administrator of the U.S.

Environmental Protection Agency promulgates standards for

vehicle-based (onboard) systems for the control of vehicle

refueling emissions pursuant to Section 202(a)(6) of the

federal Clean Air Act (42 U.S.C. USC 7521(a)(6)) by November

15, 1992.

(E) The Board shall not adopt or enforce any regulation

requiring the use of a tarpaulin or other covering on a truck,

trailer, or other vehicle that is stricter than the

requirements of Section 15-109.1 of the Illinois Vehicle Code.

To the extent that it is in conflict with this subsection, the

Board's rule codified as 35 Ill. Adm. Admin. Code, Section

212.315 is hereby superseded.

(F) Any person who, prior to June 8, 1988, has filed a

timely Notice of Intent to Petition for an Adjusted RACT

Emissions Limitation and who subsequently timely files a

completed petition for an adjusted RACT emissions limitation

pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be

subject to the procedures contained in Subpart I but shall be

excluded by operation of law from 35 Ill. Adm. Code, Part 215,

Subparts PP, QQ, and RR, including the applicable definitions

in 35 Ill. Adm. Code, Part 211. Such persons shall instead be

subject to a separate regulation which the Board is hereby

authorized to adopt pursuant to the adjusted RACT emissions

limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart

I. In its final action on the petition, the Board shall create

a separate rule which establishes Reasonably Available Control

Technology (RACT) for such person. The purpose of this

procedure is to create separate and independent regulations

for purposes of SIP submittal, review, and approval by USEPA.

(G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,

Sections 218.720 through 218.730 and Sections 219.720 through

219.730, are hereby repealed by operation of law and are

rendered null and void and of no force and effect.

(H) In accordance with subsection (b) of Section 7.2, the

Board shall adopt ambient air quality standards specifying the

maximum permissible short-term and long-term concentrations of

various contaminants in the atmosphere; those standards shall

be identical in substance to the national ambient air quality

standards promulgated by the Administrator of the United

States Environmental Protection Agency in accordance with

Section 109 of the Clean Air Act. The Board may consolidate

into a single rulemaking under this subsection all such

federal regulations adopted within a period of time not to

exceed 6 months. The provisions and requirements of Title VII

of this Act and Section 5-35 of the Illinois Administrative

Procedure Act, relating to procedures for rulemaking, shall

not apply to identical in substance regulations adopted

pursuant to this subsection. However, the Board shall provide

for notice and public comment before adopted rules are filed

with the Secretary of State. Nothing in this subsection shall

be construed to limit the right of any person to submit a

proposal to the Board, or the authority of the Board to adopt,

air quality standards more stringent than the standards

promulgated by the Administrator, pursuant to the rulemaking

requirements of Title VII of this Act and Section 5-35 of the

Illinois Administrative Procedure Act.

(Source: P.A. 97-945, eff. 8-10-12; revised 2-28-22.)

(415 ILCS 5/22.15)

Sec. 22.15. Solid Waste Management Fund; fees.

(a) There is hereby created within the State Treasury a

special fund to be known as the Solid Waste Management Fund, to

be constituted from the fees collected by the State pursuant

to this Section, from repayments of loans made from the Fund

for solid waste projects, from registration fees collected

pursuant to the Consumer Electronics Recycling Act, and from

amounts transferred into the Fund pursuant to Public Act

100-433. Moneys received by either the Agency or the

Department of Commerce and Economic Opportunity in repayment

of loans made pursuant to the Illinois Solid Waste Management

Act shall be deposited into the General Revenue Fund.

(b) The Agency shall assess and collect a fee in the amount

set forth herein from the owner or operator of each sanitary

landfill permitted or required to be permitted by the Agency

to dispose of solid waste if the sanitary landfill is located

off the site where such waste was produced and if such sanitary

landfill is owned, controlled, and operated by a person other

than the generator of such waste. The Agency shall deposit all

fees collected into the Solid Waste Management Fund. If a site

is contiguous to one or more landfills owned or operated by the

same person, the volumes permanently disposed of by each

landfill shall be combined for purposes of determining the fee

under this subsection. Beginning on July 1, 2018, and on the

first day of each month thereafter during fiscal years 2019

through 2023, the State Comptroller shall direct and State

Treasurer shall transfer an amount equal to 1/12 of $5,000,000

per fiscal year from the Solid Waste Management Fund to the

General Revenue Fund.

(1) If more than 150,000 cubic yards of non-hazardous

solid waste is permanently disposed of at a site in a

calendar year, the owner or operator shall either pay a

fee of 95 cents per cubic yard or, alternatively, the

owner or operator may weigh the quantity of the solid

waste permanently disposed of with a device for which

certification has been obtained under the Weights and

Measures Act and pay a fee of $2.00 per ton of solid waste

permanently disposed of. In no case shall the fee

collected or paid by the owner or operator under this

paragraph exceed $1.55 per cubic yard or $3.27 per ton.

(2) If more than 100,000 cubic yards but not more than

150,000 cubic yards of non-hazardous waste is permanently

disposed of at a site in a calendar year, the owner or

operator shall pay a fee of $52,630.

(3) If more than 50,000 cubic yards but not more than

100,000 cubic yards of non-hazardous solid waste is

permanently disposed of at a site in a calendar year, the

owner or operator shall pay a fee of $23,790.

(4) If more than 10,000 cubic yards but not more than

50,000 cubic yards of non-hazardous solid waste is

permanently disposed of at a site in a calendar year, the

owner or operator shall pay a fee of $7,260.

(5) If not more than 10,000 cubic yards of

non-hazardous solid waste is permanently disposed of at a

site in a calendar year, the owner or operator shall pay a

fee of $1050.

(c) (Blank).

(d) The Agency shall establish rules relating to the

collection of the fees authorized by this Section. Such rules

shall include, but not be limited to:

(1) necessary records identifying the quantities of

solid waste received or disposed;

(2) the form and submission of reports to accompany

the payment of fees to the Agency;

(3) the time and manner of payment of fees to the

Agency, which payments shall not be more often than

quarterly; and

(4) procedures setting forth criteria establishing

when an owner or operator may measure by weight or volume

during any given quarter or other fee payment period.

(e) Pursuant to appropriation, all monies in the Solid

Waste Management Fund shall be used by the Agency for the

purposes set forth in this Section and in the Illinois Solid

Waste Management Act, including for the costs of fee

collection and administration, and for the administration of

the Consumer Electronics Recycling Act and the Drug Take-Back

Act.

(f) The Agency is authorized to enter into such agreements

and to promulgate such rules as are necessary to carry out its

duties under this Section and the Illinois Solid Waste

Management Act.

(g) On the first day of January, April, July, and October

of each year, beginning on July 1, 1996, the State Comptroller

and Treasurer shall transfer $500,000 from the Solid Waste

Management Fund to the Hazardous Waste Fund. Moneys

transferred under this subsection (g) shall be used only for

the purposes set forth in item (1) of subsection (d) of Section

22.2.

(h) The Agency is authorized to provide financial

assistance to units of local government for the performance of

inspecting, investigating, and enforcement activities pursuant

to subsection (r) of Section 4 Section 4(r) at nonhazardous

solid waste disposal sites.

(i) The Agency is authorized to conduct household waste

collection and disposal programs.

(j) A unit of local government, as defined in the Local

Solid Waste Disposal Act, in which a solid waste disposal

facility is located may establish a fee, tax, or surcharge

with regard to the permanent disposal of solid waste. All

fees, taxes, and surcharges collected under this subsection

shall be utilized for solid waste management purposes,

including long-term monitoring and maintenance of landfills,

planning, implementation, inspection, enforcement and other

activities consistent with the Solid Waste Management Act and

the Local Solid Waste Disposal Act, or for any other

environment-related purpose, including, but not limited to, an

environment-related public works project, but not for the

construction of a new pollution control facility other than a

household hazardous waste facility. However, the total fee,

tax or surcharge imposed by all units of local government

under this subsection (j) upon the solid waste disposal

facility shall not exceed:

(1) 60¢ per cubic yard if more than 150,000 cubic

yards of non-hazardous solid waste is permanently disposed

of at the site in a calendar year, unless the owner or

operator weighs the quantity of the solid waste received

with a device for which certification has been obtained

under the Weights and Measures Act, in which case the fee

shall not exceed $1.27 per ton of solid waste permanently

disposed of.

(2) $33,350 if more than 100,000 cubic yards, but not

more than 150,000 cubic yards, of non-hazardous waste is

permanently disposed of at the site in a calendar year.

(3) $15,500 if more than 50,000 cubic yards, but not

more than 100,000 cubic yards, of non-hazardous solid

waste is permanently disposed of at the site in a calendar

year.

(4) $4,650 if more than 10,000 cubic yards, but not

more than 50,000 cubic yards, of non-hazardous solid waste

is permanently disposed of at the site in a calendar year.

(5) $650 if not more than 10,000 cubic yards of

non-hazardous solid waste is permanently disposed of at

the site in a calendar year.

The corporate authorities of the unit of local government

may use proceeds from the fee, tax, or surcharge to reimburse a

highway commissioner whose road district lies wholly or

partially within the corporate limits of the unit of local

government for expenses incurred in the removal of

nonhazardous, nonfluid municipal waste that has been dumped on

public property in violation of a State law or local

ordinance.

For the disposal of solid waste from general construction

or demolition debris recovery facilities as defined in

subsection (a-1) of Section 3.160, the total fee, tax, or

surcharge imposed by all units of local government under this

subsection (j) upon the solid waste disposal facility shall

not exceed 50% of the applicable amount set forth above. A unit

of local government, as defined in the Local Solid Waste

Disposal Act, in which a general construction or demolition

debris recovery facility is located may establish a fee, tax,

or surcharge on the general construction or demolition debris

recovery facility with regard to the permanent disposal of

solid waste by the general construction or demolition debris

recovery facility at a solid waste disposal facility, provided

that such fee, tax, or surcharge shall not exceed 50% of the

applicable amount set forth above, based on the total amount

of solid waste transported from the general construction or

demolition debris recovery facility for disposal at solid

waste disposal facilities, and the unit of local government

and fee shall be subject to all other requirements of this

subsection (j).

A county or Municipal Joint Action Agency that imposes a

fee, tax, or surcharge under this subsection may use the

proceeds thereof to reimburse a municipality that lies wholly

or partially within its boundaries for expenses incurred in

the removal of nonhazardous, nonfluid municipal waste that has

been dumped on public property in violation of a State law or

local ordinance.

If the fees are to be used to conduct a local sanitary

landfill inspection or enforcement program, the unit of local

government must enter into a written delegation agreement with

the Agency pursuant to subsection (r) of Section 4. The unit of

local government and the Agency shall enter into such a

written delegation agreement within 60 days after the

establishment of such fees. At least annually, the Agency

shall conduct an audit of the expenditures made by units of

local government from the funds granted by the Agency to the

units of local government for purposes of local sanitary

landfill inspection and enforcement programs, to ensure that

the funds have been expended for the prescribed purposes under

the grant.

The fees, taxes or surcharges collected under this

subsection (j) shall be placed by the unit of local government

in a separate fund, and the interest received on the moneys in

the fund shall be credited to the fund. The monies in the fund

may be accumulated over a period of years to be expended in

accordance with this subsection.

A unit of local government, as defined in the Local Solid

Waste Disposal Act, shall prepare and post on its website, in

April of each year, a report that details spending plans for

monies collected in accordance with this subsection. The

report will at a minimum include the following:

(1) The total monies collected pursuant to this

subsection.

(2) The most current balance of monies collected

pursuant to this subsection.

(3) An itemized accounting of all monies expended for

the previous year pursuant to this subsection.

(4) An estimation of monies to be collected for the

following 3 years pursuant to this subsection.

(5) A narrative detailing the general direction and

scope of future expenditures for one, 2 and 3 years.

The exemptions granted under Sections 22.16 and 22.16a,

and under subsection (k) of this Section, shall be applicable

to any fee, tax or surcharge imposed under this subsection

(j); except that the fee, tax or surcharge authorized to be

imposed under this subsection (j) may be made applicable by a

unit of local government to the permanent disposal of solid

waste after December 31, 1986, under any contract lawfully

executed before June 1, 1986 under which more than 150,000

cubic yards (or 50,000 tons) of solid waste is to be

permanently disposed of, even though the waste is exempt from

the fee imposed by the State under subsection (b) of this

Section pursuant to an exemption granted under Section 22.16.

(k) In accordance with the findings and purposes of the

Illinois Solid Waste Management Act, beginning January 1, 1989

the fee under subsection (b) and the fee, tax or surcharge

under subsection (j) shall not apply to:

(1) waste which is hazardous waste;

(2) waste which is pollution control waste;

(3) waste from recycling, reclamation or reuse

processes which have been approved by the Agency as being

designed to remove any contaminant from wastes so as to

render such wastes reusable, provided that the process

renders at least 50% of the waste reusable; the exemption

set forth in this paragraph (3) of this subsection (k)

shall not apply to general construction or demolition

debris recovery facilities as defined in subsection (a-1)

of Section 3.160;

(4) non-hazardous solid waste that is received at a

sanitary landfill and composted or recycled through a

process permitted by the Agency; or

(5) any landfill which is permitted by the Agency to

receive only demolition or construction debris or

landscape waste.

(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;

102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.

8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;

102-1055, eff. 6-10-22; revised 8-25-22.)

(415 ILCS 5/22.59)

Sec. 22.59. CCR surface impoundments.

(a) The General Assembly finds that:

(1) the State of Illinois has a long-standing policy

to restore, protect, and enhance the environment,

including the purity of the air, land, and waters,

including groundwaters, of this State;

(2) a clean environment is essential to the growth and

well-being of this State;

(3) CCR generated by the electric generating industry

has caused groundwater contamination and other forms of

pollution at active and inactive plants throughout this

State;

(4) environmental laws should be supplemented to

ensure consistent, responsible regulation of all existing

CCR surface impoundments; and

(5) meaningful participation of State residents,

especially vulnerable populations who may be affected by

regulatory actions, is critical to ensure that

environmental justice considerations are incorporated in

the development of, decision-making related to, and

implementation of environmental laws and rulemaking that

protects and improves the well-being of communities in

this State that bear disproportionate burdens imposed by

environmental pollution.

Therefore, the purpose of this Section is to promote a

healthful environment, including clean water, air, and land,

meaningful public involvement, and the responsible disposal

and storage of coal combustion residuals, so as to protect

public health and to prevent pollution of the environment of

this State.

The provisions of this Section shall be liberally

construed to carry out the purposes of this Section.

(b) No person shall:

(1) cause or allow the discharge of any contaminants

from a CCR surface impoundment into the environment so as

to cause, directly or indirectly, a violation of this

Section or any regulations or standards adopted by the

Board under this Section, either alone or in combination

with contaminants from other sources;

(2) construct, install, modify, operate, or close any

CCR surface impoundment without a permit granted by the

Agency, or so as to violate any conditions imposed by such

permit, any provision of this Section or any regulations

or standards adopted by the Board under this Section;

(3) cause or allow, directly or indirectly, the

discharge, deposit, injection, dumping, spilling, leaking,

or placing of any CCR upon the land in a place and manner

so as to cause or tend to cause a violation of this Section

or any regulations or standards adopted by the Board under

this Section; or

(4) construct, install, modify, or close a CCR surface

impoundment in accordance with a permit issued under this

Act without certifying to the Agency that all contractors,

subcontractors, and installers utilized to construct,

install, modify, or close a CCR surface impoundment are

participants in:

(A) a training program that is approved by and

registered with the United States Department of

Labor's Employment and Training Administration and

that includes instruction in erosion control and

environmental remediation; and

(B) a training program that is approved by and

registered with the United States Department of

Labor's Employment and Training Administration and

that includes instruction in the operation of heavy

equipment and excavation.

Nothing in this paragraph (4) shall be construed to

require providers of construction-related professional

services to participate in a training program approved by

and registered with the United States Department of

Labor's Employment and Training Administration.

In this paragraph (4), "construction-related

professional services" includes, but is not limited to,

those services within the scope of: (i) the practice of

architecture as regulated under the Illinois Architecture

Practice Act of 1989; (ii) professional engineering as

defined in Section 4 of the Professional Engineering

Practice Act of 1989; (iii) the practice of a structural

engineer as defined in Section 4 of the Structural

Engineering Practice Act of 1989; or (iv) land surveying

under the Illinois Professional Land Surveyor Act of 1989.

(c) (Blank).

(d) Before commencing closure of a CCR surface

impoundment, in accordance with Board rules, the owner of a

CCR surface impoundment must submit to the Agency for approval

a closure alternatives analysis that analyzes all closure

methods being considered and that otherwise satisfies all

closure requirements adopted by the Board under this Act.

Complete removal of CCR, as specified by the Board's rules,

from the CCR surface impoundment must be considered and

analyzed. Section 3.405 does not apply to the Board's rules

specifying complete removal of CCR. The selected closure

method must ensure compliance with regulations adopted by the

Board pursuant to this Section.

(e) Owners or operators of CCR surface impoundments who

have submitted a closure plan to the Agency before May 1, 2019,

and who have completed closure prior to 24 months after July

30, 2019 (the effective date of Public Act 101-171) shall not

be required to obtain a construction permit for the surface

impoundment closure under this Section.

(f) Except for the State, its agencies and institutions, a

unit of local government, or a not-for-profit electric

cooperative as defined in Section 3.4 of the Electric Supplier

Act, any person who owns or operates a CCR surface impoundment

in this State shall post with the Agency a performance bond or

other security for the purpose of: (i) ensuring closure of the

CCR surface impoundment and post-closure care in accordance

with this Act and its rules; and (ii) ensuring remediation of

releases from the CCR surface impoundment. The only acceptable

forms of financial assurance are: a trust fund, a surety bond

guaranteeing payment, a surety bond guaranteeing performance,

or an irrevocable letter of credit.

(1) The cost estimate for the post-closure care of a

CCR surface impoundment shall be calculated using a

30-year post-closure care period or such longer period as

may be approved by the Agency under Board or federal

rules.

(2) The Agency is authorized to enter into such

contracts and agreements as it may deem necessary to carry

out the purposes of this Section. Neither the State, nor

the Director, nor any State employee shall be liable for

any damages or injuries arising out of or resulting from

any action taken under this Section.

(3) The Agency shall have the authority to approve or

disapprove any performance bond or other security posted

under this subsection. Any person whose performance bond

or other security is disapproved by the Agency may contest

the disapproval as a permit denial appeal pursuant to

Section 40.

(g) The Board shall adopt rules establishing construction

permit requirements, operating permit requirements, design

standards, reporting, financial assurance, and closure and

post-closure care requirements for CCR surface impoundments.

Not later than 8 months after July 30, 2019 (the effective date

of Public Act 101-171) the Agency shall propose, and not later

than one year after receipt of the Agency's proposal the Board

shall adopt, rules under this Section. The Board shall not be

deemed in noncompliance with the rulemaking deadline due to

delays in adopting rules as a result of the Joint Committee

Commission on Administrative Rules oversight process. The

rules must, at a minimum:

(1) be at least as protective and comprehensive as the

federal regulations or amendments thereto promulgated by

the Administrator of the United States Environmental

Protection Agency in Subpart D of 40 CFR 257 governing CCR

surface impoundments;

(2) specify the minimum contents of CCR surface

impoundment construction and operating permit

applications, including the closure alternatives analysis

required under subsection (d);

(3) specify which types of permits include

requirements for closure, post-closure, remediation and

all other requirements applicable to CCR surface

impoundments;

(4) specify when permit applications for existing CCR

surface impoundments must be submitted, taking into

consideration whether the CCR surface impoundment must

close under the RCRA;

(5) specify standards for review and approval by the

Agency of CCR surface impoundment permit applications;

(6) specify meaningful public participation procedures

for the issuance of CCR surface impoundment construction

and operating permits, including, but not limited to,

public notice of the submission of permit applications, an

opportunity for the submission of public comments, an

opportunity for a public hearing prior to permit issuance,

and a summary and response of the comments prepared by the

Agency;

(7) prescribe the type and amount of the performance

bonds or other securities required under subsection (f),

and the conditions under which the State is entitled to

collect moneys from such performance bonds or other

securities;

(8) specify a procedure to identify areas of

environmental justice concern in relation to CCR surface

impoundments;

(9) specify a method to prioritize CCR surface

impoundments required to close under RCRA if not otherwise

specified by the United States Environmental Protection

Agency, so that the CCR surface impoundments with the

highest risk to public health and the environment, and

areas of environmental justice concern are given first

priority;

(10) define when complete removal of CCR is achieved

and specify the standards for responsible removal of CCR

from CCR surface impoundments, including, but not limited

to, dust controls and the protection of adjacent surface

water and groundwater; and

(11) describe the process and standards for

identifying a specific alternative source of groundwater

pollution when the owner or operator of the CCR surface

impoundment believes that groundwater contamination on the

site is not from the CCR surface impoundment.

(h) Any owner of a CCR surface impoundment that generates

CCR and sells or otherwise provides coal combustion byproducts

pursuant to Section 3.135 shall, every 12 months, post on its

publicly available website a report specifying the volume or

weight of CCR, in cubic yards or tons, that it sold or provided

during the past 12 months.

(i) The owner of a CCR surface impoundment shall post all

closure plans, permit applications, and supporting

documentation, as well as any Agency approval of the plans or

applications, on its publicly available website.

(j) The owner or operator of a CCR surface impoundment

shall pay the following fees:

(1) An initial fee to the Agency within 6 months after

July 30, 2019 (the effective date of Public Act 101-171)

of:

$50,000 for each closed CCR surface impoundment;

and

$75,000 for each CCR surface impoundment that have

not completed closure.

(2) Annual fees to the Agency, beginning on July 1,

2020, of:

$25,000 for each CCR surface impoundment that has

not completed closure; and

$15,000 for each CCR surface impoundment that has

completed closure, but has not completed post-closure

care.

(k) All fees collected by the Agency under subsection (j)

shall be deposited into the Environmental Protection Permit

and Inspection Fund.

(l) The Coal Combustion Residual Surface Impoundment

Financial Assurance Fund is created as a special fund in the

State treasury. Any moneys forfeited to the State of Illinois

from any performance bond or other security required under

this Section shall be placed in the Coal Combustion Residual

Surface Impoundment Financial Assurance Fund and shall, upon

approval by the Governor and the Director, be used by the

Agency for the purposes for which such performance bond or

other security was issued. The Coal Combustion Residual

Surface Impoundment Financial Assurance Fund is not subject to

the provisions of subsection (c) of Section 5 of the State

Finance Act.

(m) The provisions of this Section shall apply, without

limitation, to all existing CCR surface impoundments and any

CCR surface impoundments constructed after July 30, 2019 (the

effective date of Public Act 101-171), except to the extent

prohibited by the Illinois or United States Constitutions.

(Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21;

102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff.

8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22; revised

8-24-22.)

Section 605. The Illinois Pesticide Act is amended by

changing Section 4 as follows:

(415 ILCS 60/4) (from Ch. 5, par. 804)

Sec. 4. Definitions. As used in this Act:

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

Agriculture or his authorized representative.

2. "Active Ingredient" means any ingredient which will

prevent, destroy, repel, control or mitigate a pest or which

will act as a plant regulator, defoliant or desiccant.

3. "Adulterated" shall apply to any pesticide if the

strength or purity is not within the standard of quality

expressed on the labeling under which it is sold, distributed

or used, including any substance which has been substituted

wholly or in part for the pesticide as specified on the

labeling under which it is sold, distributed or used, or if any

valuable constituent of the pesticide has been wholly or in

part abstracted.

4. "Agricultural Commodity" means produce of the land,

including, but not limited to, plants and plant parts,

livestock and poultry and livestock or poultry products,

seeds, sod, shrubs and other products of agricultural origin

including the premises necessary to and used directly in

agricultural production. Agricultural commodity also includes

aquatic products, including any aquatic plants and animals or

their by-products that are produced, grown, managed, harvested

and marketed on an annual, semi-annual, biennial or short-term

basis, in permitted aquaculture facilities.

5. "Animal" means all vertebrate and invertebrate species

including, but not limited to, man and other mammals, birds

bird, fish, and shellfish.

5.5. "Barrier mosquitocide" means a pesticide that is

formulated to kill adult mosquitoes and that is applied so as

to leave a residual mosquitocidal coating on natural or

manmade surfaces. "Barrier mosquitocide" does not include a

product that is exempt from registration under the Federal

Insecticide, Fungicide, and Rodenticide Act, or rules adopted

pursuant to that Act.

5.6. "Barrier mosquitocide treatment" means application of

a barrier mosquitocide to a natural or manmade surface.

6. "Beneficial Insects" means those insects which during

their life cycle are effective pollinators of plants,

predators of pests or are otherwise beneficial.

7. "Certified applicator".

A. "Certified applicator" means any individual who is

certified under this Act to purchase, use, or supervise

the use of pesticides which are classified for restricted

use.

B. "Private applicator" means a certified applicator

who purchases, uses, or supervises the use of any

pesticide classified for restricted use, for the purpose

of producing any agricultural commodity on property owned,

rented, or otherwise controlled by him or his employer, or

applied to other property if done without compensation

other than trading of personal services between no more

than 2 producers of agricultural commodities.

C. "Licensed Commercial Applicator" means a certified

applicator, whether or not he is a private applicator with

respect to some uses, who owns or manages a business that

is engaged in applying pesticides, whether classified for

general or restricted use, for hire. The term also applies

to a certified applicator who uses or supervises the use

of pesticides, whether classified for general or

restricted use, for any purpose or on property of others

excluding those specified by subparagraphs 7 (B), (D), (E)

of Section 4 of this Act.

D. "Commercial Not For Hire Applicator" means a

certified applicator who uses or supervises the use of

pesticides classified for general or restricted use for

any purpose on property of an employer when such activity

is a requirement of the terms of employment and such

application of pesticides under this certification is

limited to property under the control of the employer only

and includes, but is not limited to, the use or

supervision of the use of pesticides in a greenhouse

setting. "Commercial Not For Hire Applicator" also

includes a certified applicator who uses or supervises the

use of pesticides classified for general or restricted use

as an employee of a state agency, municipality, or other

duly constituted governmental agency or unit.

8. "Defoliant" means any substance or combination of

substances which cause leaves or foliage to drop from a plant

with or without causing abscission.

9. "Desiccant" means any substance or combination of

substances intended for artificially accelerating the drying

of plant tissue.

10. "Device" means any instrument or contrivance, other

than a firearm or equipment for application of pesticides when

sold separately from pesticides, which is intended for

trapping, repelling, destroying, or mitigating any pest, other

than bacteria, virus, or other microorganisms on or living in

man or other living animals.

11. "Distribute" means offer or hold for sale, sell,

barter, ship, deliver for shipment, receive and then deliver,

or offer to deliver pesticides, within the State.

12. "Environment" includes water, air, land, and all

plants and animals including man, living therein and the

interrelationships which exist among these.

13. "Equipment" means any type of instruments and

contrivances using motorized, mechanical or pressure power

which is used to apply any pesticide, excluding pressurized

hand-size household apparatus containing dilute ready to apply

pesticide or used to apply household pesticides.

14. "FIFRA" means the Federal Insecticide, Fungicide, and

Rodenticide Act, as amended.

15. "Fungi" means any non-chlorophyll bearing

thallophytes, any non-chlorophyll bearing plant of a lower

order than mosses or liverworts, as for example rust, smut,

mildew, mold, yeast and bacteria, except those on or in living

animals including man and those on or in processed foods,

beverages or pharmaceuticals.

16. "Household Substance" means any pesticide customarily

produced and distributed for use by individuals in or about

the household.

17. "Imminent Hazard" means a situation which exists when

continued use of a pesticide would likely result in

unreasonable adverse effects effect on the environment or will

involve unreasonable hazard to the survival of a species

declared endangered by the U.S. Secretary of the Interior or

to species declared to be protected by the Illinois Department

of Natural Resources.

18. "Inert Ingredient" means an ingredient which is not an

active ingredient.

19. "Ingredient Statement" means a statement of the name

and percentage of each active ingredient together with the

total percentage of inert ingredients in a pesticide and for

pesticides containing arsenic in any form, the ingredient

statement shall include percentage of total and water soluble

arsenic, each calculated as elemental arsenic. In the case of

spray adjuvants the ingredient statement need contain only the

names of the functioning agents and the total percent of those

constituents ineffective as spray adjuvants.

20. "Insect" means any of the numerous small invertebrate

animals generally having the body more or less obviously

segmented for the most part belonging to the class Insects,

comprised of six-legged, usually winged forms, as for example

beetles, caterpillars, and flies. This definition encompasses

other allied classes of arthropods whose members are wingless

and usually have more than 6 legs as for example spiders,

mites, ticks, centipedes, and millipedes.

21. "Label" means the written, printed or graphic matter

on or attached to the pesticide or device or any of its

containers or wrappings.

22. "Labeling" means the label and all other written,

printed or graphic matter: (a) on the pesticide or device or

any of its containers or wrappings, (b) accompanying the

pesticide or device or referring to it in any other media used

to disseminate information to the public, (c) to which

reference is made to the pesticide or device except when

references are made to current official publications of the U.

S. Environmental Protection Agency, Departments of

Agriculture, Health, Education and Welfare or other Federal

Government institutions, the state experiment station or

colleges of agriculture or other similar state institution

authorized to conduct research in the field of pesticides.

23. "Land" means all land and water area including

airspace, and all plants, animals, structures, buildings,

contrivances, and machinery appurtenant thereto or situated

thereon, fixed or mobile, including any used for

transportation.

24. "Licensed Operator" means a person employed to apply

pesticides to the lands of others under the direction of a

"licensed commercial applicator" or a "licensed commercial

not-for-hire applicator".

25. "Nematode" means invertebrate animals of the phylum

nemathelminthes and class nematoda, also referred to as nemas

or eelworms, which are unsegmented roundworms with elongated

fusiform or sac-like bodies covered with cuticle and

inhabiting soil, water, plants or plant parts.

26. "Permit" means a written statement issued by the

Director or his authorized agent, authorizing certain acts of

pesticide purchase or of pesticide use or application on an

interim basis prior to normal certification, registration, or

licensing.

27. "Person" means any individual, partnership,

association, fiduciary, corporation, or any organized group of

persons whether incorporated or not.

28. "Pest" means (a) any insect, rodent, nematode, fungus,

weed, or (b) any other form of terrestrial or aquatic plant or

animal life or virus, bacteria, or other microorganism,

excluding virus, bacteria, or other microorganism on or in

living animals including man, which the Director declares to

be a pest.

29. "Pesticide" means any substance or mixture of

substances intended for preventing, destroying, repelling, or

mitigating any pest or any substance or mixture of substances

intended for use as a plant regulator, defoliant or desiccant.

30. "Pesticide Dealer" means any person who distributes

registered pesticides to the user.

31. "Plant Regulator" means any substance or mixture of

substances intended through physiological action to affect the

rate of growth or maturation or otherwise alter the behavior

of ornamental or crop plants or the produce thereof. This does

not include substances which are not intended as plant

nutrient trace elements, nutritional chemicals, plant or seed

inoculants or soil conditioners or amendments.

32. "Protect Health and Environment" means to guard

against any unreasonable adverse effects on the environment.

33. "Registrant" means a person who has registered any

pesticide pursuant to the provision of FIFRA and this Act.

34. "Restricted Use Pesticide" means any pesticide with

one or more of its uses classified as restricted by order of

the Administrator of USEPA.

35. "SLN Registration" means registration of a pesticide

for use under conditions of special local need as defined by

FIFRA.

36. "State Restricted Pesticide Use" means any pesticide

use which the Director determines, subsequent to public

hearing, that an additional restriction for that use is needed

to prevent unreasonable adverse effects.

37. "Structural Pest" means any pests which attack and

destroy buildings and other structures or which attack

clothing, stored food, commodities stored at food

manufacturing and processing facilities or manufactured and

processed goods.

38. "Unreasonable Adverse Effects on the Environment"

means the unreasonable risk to the environment, including man,

from the use of any pesticide, when taking into account

accrued benefits of as well as the economic, social, and

environmental costs of its use.

39. "USEPA" means United States Environmental Protection

Agency.

40. "Use inconsistent with the label" means to use a

pesticide in a manner not consistent with the label

instruction, the definition adopted in FIFRA as interpreted by

USEPA shall apply in Illinois.

41. "Weed" means any plant growing in a place where it is

not wanted.

42. "Wildlife" means all living things, not human,

domestic, or pests.

43. "Bulk pesticide" means any registered pesticide which

is transported or held in an individual container in undivided

quantities of greater than 55 U.S. gallons liquid measure or

100 pounds net dry weight.

44. "Bulk repackaging" means the transfer of a registered

pesticide from one bulk container (containing undivided

quantities of greater than 100 U.S. gallons liquid measure or

100 pounds net dry weight) to another bulk container

(containing undivided quantities of greater than 100 U.S.

gallons liquid measure or 100 pounds net dry weight) in an

unaltered state in preparation for sale or distribution to

another person.

45. "Business" means any individual, partnership,

corporation or association engaged in a business operation for

the purpose of selling or distributing pesticides or providing

the service of application of pesticides in this State.

46. "Facility" means any building or structure and all

real property contiguous thereto, including all equipment

fixed thereon used for the operation of the business.

47. "Chemigation" means the application of a pesticide

through the systems or equipment employed for the primary

purpose of irrigation of land and crops.

48. "Use" means any activity covered by the pesticide

label, including, but not limited to, application of

pesticide, mixing and loading, storage of pesticides or

pesticide containers, disposal of pesticides and pesticide

containers and reentry into treated sites or areas.

(Source: P.A. 102-555, eff. 1-1-22; 102-916, eff. 1-1-23;

revised 2-5-23.)

Section 610. The Drycleaner Environmental Response Trust

Fund Act is amended by changing Section 45 as follows:

(415 ILCS 135/45)

Sec. 45. Insurance account.

(a) The insurance account shall offer financial assurance

for a qualified owner or operator of a drycleaning facility

under the terms and conditions provided for under this

Section. Coverage may be provided to either the owner or the

operator of a drycleaning facility. Neither the Agency nor the

Council is required to resolve whether the owner or operator,

or both, are responsible for a release under the terms of an

agreement between the owner and operator.

(b) The source of funds for the insurance account shall be

as follows:

(1) moneys allocated to the insurance account;

(2) moneys collected as an insurance premium,

including service fees, if any; and

(3) investment income attributed to the insurance

account.

(c) An owner or operator may purchase coverage of up to

$500,000 per drycleaning facility subject to the terms and

conditions under this Section and those adopted by the Council

before July 1, 2020 or by the Board on or after that date.

Coverage shall be limited to remedial action costs associated

with soil and groundwater contamination resulting from a

release of drycleaning solvent at an insured drycleaning

facility, including third-party liability for soil and

groundwater contamination. Coverage is not provided for a

release that occurred before the date of coverage.

(d) An owner or operator, subject to underwriting

requirements and terms and conditions deemed necessary and

convenient by the Council for periods before July 1, 2020 and

subject to terms and conditions deemed necessary and

convenient by the Board for periods on or after that date, may

purchase insurance coverage from the insurance account

provided that:

(1) a site investigation designed to identify soil and

groundwater contamination resulting from the release of a

drycleaning solvent has been completed for the drycleaning

facility to be insured and the site investigation has been

found adequate by the Council before July 1, 2020 or by the

Agency on or after that date;

(2) the drycleaning facility is participating in and

meets all drycleaning compliance program requirements

adopted by the Board pursuant to Section 12 of this Act;

(3) the drycleaning facility to be insured is licensed

under Section 60 of this Act and all fees due under that

Section have been paid;

(4) the owner or operator of the drycleaning facility

to be insured provides proof to the Agency or Council

that:

(A) all drycleaning solvent wastes generated at

the facility are managed in accordance with applicable

State waste management laws and rules;

(B) there is no discharge of wastewater from

drycleaning machines, or of drycleaning solvent from

drycleaning operations, to a sanitary sewer or septic

tank, to the surface, or in groundwater;

(C) the facility has a containment dike or other

containment structure around each machine, item of

equipment, drycleaning area, and portable waste

container in which any drycleaning solvent is

utilized, that is capable of containing leaks, spills,

or releases of drycleaning solvent from that machine,

item, area, or container, including: (i) 100% of the

drycleaning solvent in the largest tank or vessel;

(ii) 100% of the drycleaning solvent of each item of

drycleaning equipment; and (iii) 100% of the

drycleaning solvent of the largest portable waste

container or at least 10% of the total volume of the

portable waste containers stored within the

containment dike or structure, whichever is greater;

(D) those portions of diked floor surfaces at the

facility on which a drycleaning solvent may leak,

spill, or otherwise be released are sealed or

otherwise rendered impervious;

(E) all drycleaning solvent is delivered to the

facility by means of closed, direct-coupled delivery

systems; and

(F) the drycleaning facility is in compliance with

paragraph (2) of this subsection (d) of this Section;

and

(5) the owner or operator of the drycleaning facility

to be insured has paid all insurance premiums for

insurance coverage provided under this Section.

Petroleum underground storage tank systems that are in

compliance with applicable USEPA and State Fire Marshal rules,

including, but not limited to, leak detection system rules,

are exempt from the secondary containment requirement in

subparagraph (C) of paragraph (4) (3) of this subsection (d).

(e) The annual premium for insurance coverage shall be:

(1) For the year July 1, 1999 through June 30, 2000,

$250 per drycleaning facility.

(2) For the year July 1, 2000 through June 30, 2001,

$375 per drycleaning facility.

(3) For the year July 1, 2001 through June 30, 2002,

$500 per drycleaning facility.

(4) For the year July 1, 2002 through June 30, 2003,

$625 per drycleaning facility.

(5) For each subsequent program year through the

program year ending June 30, 2019, an owner or operator

applying for coverage shall pay an annual actuarially

sound actuarially-sound insurance premium for coverage by

the insurance account. The Council may approve Fund

coverage through the payment of a premium established on

an actuarially sound actuarially-sound basis, taking into

consideration the risk to the insurance account presented

by the insured. Risk factor adjustments utilized to

determine actuarially sound actuarially-sound insurance

premiums should reflect the range of risk presented by the

variety of drycleaning systems, monitoring systems,

drycleaning volume, risk management practices, and other

factors as determined by the Council. As used in this

item, "actuarially sound" is not limited to Fund premium

revenue equaling or exceeding Fund expenditures for the

general drycleaning facility population. Actuarially

determined Actuarially-determined premiums shall be

published at least 180 days prior to the premiums becoming

effective.

(6) For the year July 1, 2020 through June 30, 2021,

and for subsequent years through June 30, 2029, $1,500 per

drycleaning facility per year.

(7) For July 1, 2029 through January 1, 2030, $750 per

drycleaning facility.

(e-5) (Blank).

(e-6) (Blank).

(f) If coverage is purchased for any part of a year, the

purchaser shall pay the full annual premium. Until July 1,

2020, the insurance premium is fully earned upon issuance of

the insurance policy. Beginning July 1, 2020, coverage first

commences for a purchaser only after payment of the full

annual premium due for the applicable program year.

(g) Any insurance coverage provided under this Section

shall be subject to a $10,000 deductible.

(h) A future repeal of this Section shall not terminate

the obligations under this Section or authority necessary to

administer the obligations until the obligations are

satisfied, including, but not limited to, the payment of

claims filed prior to the effective date of any future repeal

against the insurance account until moneys in the account are

exhausted. Upon exhaustion of the moneys in the account, any

remaining claims shall be invalid. If moneys remain in the

account following satisfaction of the obligations under this

Section, the remaining moneys in and moneys due to the account

shall be deposited in the remedial action account.

(Source: P.A. 101-400, eff. 12-31-19 (See Section 5 of P.A.

101-605 for effective date of P.A. 101-400); 101-605, eff.

12-31-19; revised 6-1-22.)

Section 615. The Illinois Nuclear Safety Preparedness Act

is amended by changing Section 8 as follows:

(420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)

Sec. 8. (a) The Illinois Nuclear Safety Preparedness

Program shall consist of an assessment of the potential

nuclear accidents, their radiological consequences, and the

necessary protective actions required to mitigate the effects

of such accidents. It shall include, but not necessarily be

limited to:

(1) Development of a remote effluent monitoring system

capable of reliably detecting and quantifying accidental

radioactive releases from nuclear power plants to the

environment;

(2) Development of an environmental monitoring program

for nuclear facilities other than nuclear power plants;

(3) Development of procedures for radiological

assessment and radiation exposure control for areas

surrounding each nuclear facility in Illinois;

(4) Radiological training of State state and local

emergency response personnel in accordance with the

Agency's responsibilities under the program;

(5) Participation in the development of accident

scenarios and in the exercising of fixed facility nuclear

emergency response plans;

(6) Development of mitigative emergency planning

standards including, but not limited to, standards

pertaining to evacuations, re-entry into evacuated areas,

contaminated foodstuffs and contaminated water supplies;

(7) Provision of specialized response equipment

necessary to accomplish this task;

(8) Implementation of the Boiler and Pressure Vessel

Safety program at nuclear steam-generating facilities as

mandated by Section 2005-35 of the Department of Nuclear

Safety Law, or its successor statute;

(9) Development and implementation of a plan for

inspecting and escorting all shipments of spent nuclear

fuel, high-level radioactive waste, transuranic waste, and

highway route controlled quantities of radioactive

materials in Illinois; and

(10) Implementation of the program under the Illinois

Nuclear Facility Safety Act; and .

(11) Development and implementation of a

radiochemistry laboratory capable of preparing

environmental samples, performing analyses,

quantification, and reporting for assessment and radiation

exposure control due to accidental radioactive releases

from nuclear power plants into the environment.

(b) The Agency may incorporate data collected by the

operator of a nuclear facility into the Agency's remote

monitoring system.

(c) The owners of each nuclear power reactor in Illinois

shall provide the Agency all system status signals which

initiate Emergency Action Level Declarations, actuate accident

mitigation and provide mitigation verification as directed by

the Agency. The Agency shall designate by rule those system

status signals that must be provided. Signals providing

indication of operating power level shall also be provided.

The owners of the nuclear power reactors shall, at their

expense, ensure that valid signals will be provided

continuously 24 hours a day.

All such signals shall be provided in a manner and at a

frequency specified by the Agency for incorporation into and

augmentation of the remote effluent monitoring system

specified in paragraph (1) of subsection (a) (1) of this

Section. Provision shall be made for assuring that such system

status and power level signals shall be available to the

Agency during reactor operation as well as throughout

accidents and subsequent recovery operations.

For nuclear reactors with operating licenses issued by the

Nuclear Regulatory Commission prior to the effective date of

this amendatory Act, such system status and power level

signals shall be provided to the Department of Nuclear Safety

(of which the Agency is the successor) by March 1, 1985. For

reactors without such a license on the effective date of this

amendatory Act, such signals shall be provided to the

Department prior to commencing initial fuel load for such

reactor. Nuclear reactors receiving their operating license

after September 7, 1984 (the effective date of Public Act

83-1342) this amendatory Act, but before July 1, 1985, shall

provide such system status and power level signals to the

Department of Nuclear Safety (of which the Agency is the

successor) by September 1, 1985.

(Source: P.A. 102-133, eff. 7-23-21; revised 8-24-22.)

Section 620. The Firearm Owners Identification Card Act is

amended by changing Sections 1.1, 8.3, and 9.5 as follows:

(430 ILCS 65/1.1)

Sec. 1.1. For purposes of this Act:

"Addicted to narcotics" means a person who has been:

(1) convicted of an offense involving the use or

possession of cannabis, a controlled substance, or

methamphetamine within the past year; or

(2) determined by the Illinois State Police to be

addicted to narcotics based upon federal law or federal

guidelines.

"Addicted to narcotics" does not include possession or use

of a prescribed controlled substance under the direction and

authority of a physician or other person authorized to

prescribe the controlled substance when the controlled

substance is used in the prescribed manner.

"Adjudicated as a person with a mental disability" means

the person is the subject of a determination by a court, board,

commission or other lawful authority that the person, as a

result of marked subnormal intelligence, or mental illness,

mental impairment, incompetency, condition, or disease:

(1) presents a clear and present danger to himself,

herself, or to others;

(2) lacks the mental capacity to manage his or her own

affairs or is adjudicated a person with a disability as

defined in Section 11a-2 of the Probate Act of 1975;

(3) is not guilty in a criminal case by reason of

insanity, mental disease or defect;

(3.5) is guilty but mentally ill, as provided in

Section 5-2-6 of the Unified Code of Corrections;

(4) is incompetent to stand trial in a criminal case;

(5) is not guilty by reason of lack of mental

responsibility under Articles 50a and 72b of the Uniform

Code of Military Justice, 10 U.S.C. 850a, 876b;

(6) is a sexually violent person under subsection (f)

of Section 5 of the Sexually Violent Persons Commitment

Act;

(7) is a sexually dangerous person under the Sexually

Dangerous Persons Act;

(8) is unfit to stand trial under the Juvenile Court

Act of 1987;

(9) is not guilty by reason of insanity under the

Juvenile Court Act of 1987;

(10) is subject to involuntary admission as an

inpatient as defined in Section 1-119 of the Mental Health

and Developmental Disabilities Code;

(11) is subject to involuntary admission as an

outpatient as defined in Section 1-119.1 of the Mental

Health and Developmental Disabilities Code;

(12) is subject to judicial admission as set forth in

Section 4-500 of the Mental Health and Developmental

Disabilities Code; or

(13) is subject to the provisions of the Interstate

Agreements on Sexually Dangerous Persons Act.

"Clear and present danger" means a person who:

(1) communicates a serious threat of physical violence

against a reasonably identifiable victim or poses a clear

and imminent risk of serious physical injury to himself,

herself, or another person as determined by a physician,

clinical psychologist, or qualified examiner; or

(2) demonstrates threatening physical or verbal

behavior, such as violent, suicidal, or assaultive

threats, actions, or other behavior, as determined by a

physician, clinical psychologist, qualified examiner,

school administrator, or law enforcement official.

"Clinical psychologist" has the meaning provided in

Section 1-103 of the Mental Health and Developmental

Disabilities Code.

"Controlled substance" means a controlled substance or

controlled substance analog as defined in the Illinois

Controlled Substances Act.

"Counterfeit" means to copy or imitate, without legal

authority, with intent to deceive.

"Developmental disability" means a severe, chronic

disability of an individual that:

(1) is attributable to a mental or physical impairment

or combination of mental and physical impairments;

(2) is manifested before the individual attains age

22;

(3) is likely to continue indefinitely;

(4) results in substantial functional limitations in 3

or more of the following areas of major life activity:

(A) Self-care.

(B) Receptive and expressive language.

(C) Learning.

(D) Mobility.

(E) Self-direction.

(F) Capacity for independent living.

(G) Economic self-sufficiency; and

(5) reflects the individual's need for a combination

and sequence of special, interdisciplinary, or generic

services, individualized supports, or other forms of

assistance that are of lifelong or extended duration and

are individually planned and coordinated.

"Federally licensed firearm dealer" means a person who is

licensed as a federal firearms dealer under Section 923 of the

federal Gun Control Act of 1968 (18 U.S.C. 923).

"Firearm" means any device, by whatever name known, which

is designed to expel a projectile or projectiles by the action

of an explosion, expansion of gas or escape of gas; excluding,

however:

(1) any pneumatic gun, spring gun, paint ball gun, or

B-B gun which expels a single globular projectile not

exceeding .18 inch in diameter or which has a maximum

muzzle velocity of less than 700 feet per second;

(1.1) any pneumatic gun, spring gun, paint ball gun,

or B-B gun which expels breakable paint balls containing

washable marking colors;

(2) any device used exclusively for signaling or

safety and required or recommended by the United States

Coast Guard or the Interstate Commerce Commission;

(3) any device used exclusively for the firing of stud

cartridges, explosive rivets or similar industrial

ammunition; and

(4) an antique firearm (other than a machine-gun)

which, although designed as a weapon, the Illinois State

Police finds by reason of the date of its manufacture,

value, design, and other characteristics is primarily a

collector's item and is not likely to be used as a weapon.

"Firearm ammunition" means any self-contained cartridge or

shotgun shell, by whatever name known, which is designed to be

used or adaptable to use in a firearm; excluding, however:

(1) any ammunition exclusively designed for use with a

device used exclusively for signaling or safety and

required or recommended by the United States Coast Guard

or the Interstate Commerce Commission; and

(2) any ammunition designed exclusively for use with a

stud or rivet driver or other similar industrial

ammunition.

"Gun show" means an event or function:

(1) at which the sale and transfer of firearms is the

regular and normal course of business and where 50 or more

firearms are displayed, offered, or exhibited for sale,

transfer, or exchange; or

(2) at which not less than 10 gun show vendors

display, offer, or exhibit for sale, sell, transfer, or

exchange firearms.

"Gun show" includes the entire premises provided for an

event or function, including parking areas for the event or

function, that is sponsored to facilitate the purchase, sale,

transfer, or exchange of firearms as described in this

Section. Nothing in this definition shall be construed to

exclude a gun show held in conjunction with competitive

shooting events at the World Shooting Complex sanctioned by a

national governing body in which the sale or transfer of

firearms is authorized under subparagraph (5) of paragraph (g)

of subsection (A) of Section 24-3 of the Criminal Code of 2012.

Unless otherwise expressly stated, "gun show" does not

include training or safety classes, competitive shooting

events, such as rifle, shotgun, or handgun matches, trap,

skeet, or sporting clays shoots, dinners, banquets, raffles,

or any other event where the sale or transfer of firearms is

not the primary course of business.

"Gun show promoter" means a person who organizes or

operates a gun show.

"Gun show vendor" means a person who exhibits, sells,

offers for sale, transfers, or exchanges any firearms at a gun

show, regardless of whether the person arranges with a gun

show promoter for a fixed location from which to exhibit,

sell, offer for sale, transfer, or exchange any firearm.

"Intellectual disability" means significantly subaverage

general intellectual functioning, existing concurrently with

deficits in adaptive behavior and manifested during the

developmental period, which is defined as before the age of

22, that adversely affects a child's educational performance.

"Involuntarily admitted" has the meaning as prescribed in

Sections 1-119 and 1-119.1 of the Mental Health and

Developmental Disabilities Code.

"Mental health facility" means any licensed private

hospital or hospital affiliate, institution, or facility, or

part thereof, and any facility, or part thereof, operated by

the State or a political subdivision thereof which provides

treatment of persons with mental illness and includes all

hospitals, institutions, clinics, evaluation facilities,

mental health centers, colleges, universities, long-term care

facilities, and nursing homes, or parts thereof, which provide

treatment of persons with mental illness whether or not the

primary purpose is to provide treatment of persons with mental

illness.

"National governing body" means a group of persons who

adopt rules and formulate policy on behalf of a national

firearm sporting organization.

"Noncitizen" means a person who is not a citizen of the

United States, but is a person who is a foreign-born person who

lives in the United States, has not been naturalized, and is

still a citizen of a foreign country.

"Patient" means:

(1) a person who is admitted as an inpatient or

resident of a public or private mental health facility for

mental health treatment under Chapter III of the Mental

Health and Developmental Disabilities Code as an informal

admission, a voluntary admission, a minor admission, an

emergency admission, or an involuntary admission, unless

the treatment was solely for an alcohol abuse disorder; or

(2) a person who voluntarily or involuntarily receives

mental health treatment as an out-patient or is otherwise

provided services by a public or private mental health

facility and who poses a clear and present danger to

himself, herself, or others.

"Physician" has the meaning as defined in Section 1-120 of

the Mental Health and Developmental Disabilities Code.

"Protective order" means any orders of protection issued

under the Illinois Domestic Violence Act of 1986, stalking no

contact orders issued under the Stalking No Contact Order Act,

civil no contact orders issued under the Civil No Contact

Order Act, and firearms restraining orders issued under the

Firearms Restraining Order Act or a substantially similar

order issued by the court of another state, tribe, or United

States territory or military tribunal.

"Qualified examiner" has the meaning provided in Section

1-122 of the Mental Health and Developmental Disabilities

Code.

"Sanctioned competitive shooting event" means a shooting

contest officially recognized by a national or state shooting

sport association, and includes any sight-in or practice

conducted in conjunction with the event.

"School administrator" means the person required to report

under the School Administrator Reporting of Mental Health

Clear and Present Danger Determinations Law.

"Stun gun or taser" has the meaning ascribed to it in

Section 24-1 of the Criminal Code of 2012.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.

1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)

(430 ILCS 65/8.3)

Sec. 8.3. Suspension of Firearm Owner's Identification

Card. The Illinois State Police may suspend the Firearm

Owner's Identification Card of a person whose Firearm Owner's

Identification Card is subject to revocation and seizure under

this Act for the duration of the disqualification if the

disqualification is not a permanent ground grounds for

revocation of a Firearm Owner's Identification Card under this

Act. The Illinois State Police may adopt rules necessary to

implement this Section.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22; revised 8-24-22.)

(430 ILCS 65/9.5)

Sec. 9.5. Revocation of Firearm Owner's Identification

Card.

(a) A person who receives a revocation notice under

Section 9 of this Act shall, within 48 hours of receiving

notice of the revocation:

(1) surrender his or her Firearm Owner's

Identification Card to the local law enforcement agency

where the person resides or to the Illinois State Police;

and

(2) complete a Firearm Disposition Record on a form

prescribed by the Illinois State Police and place his or

her firearms in the location or with the person reported

in the Firearm Disposition Record. The form shall require

the person to disclose:

(A) the make, model, and serial number of each

firearm owned by or under the custody and control of

the revoked person;

(B) the location where each firearm will be

maintained during the prohibited term;

(C) if any firearm will be transferred to the

custody of another person, the name, address and

Firearm Owner's Identification Card number of the

transferee; and

(D) to whom his or her Firearm Owner's

Identification Card was surrendered.

Once completed, the person shall retain a copy and

provide a copy of the Firearm Disposition Record to the

Illinois State Police.

(b) Upon confirming through the portal created under

Section 2605-304 of the Illinois State Police Law of the Civil

Administrative Code of Illinois that the Firearm Owner's

Identification Card has been revoked by the Illinois State

Police, surrendered cards shall be destroyed by the law

enforcement agency receiving the cards. If a card has not been

revoked, the card shall be returned to the cardholder.

(b-5) If a court orders the surrender of a Firearm

Firearms Owner's Identification Card and accepts receipt of

the Card, the court shall destroy the Card and direct the

person whose Firearm Owner's Identification Card has been

surrendered to comply with paragraph (2) of subsection (a).

(b-10) If the person whose Firearm Owner's Identification

Card has been revoked has either lost or destroyed the Card,

the person must still comply with paragraph (2) of subsection

(a).

(b-15) A notation shall be made in the portal created

under Section 2605-304 of the Illinois State Police Law of the

Civil Administrative Code of Illinois that the revoked Firearm

Owner's Identification Card has been destroyed.

(c) If the person whose Firearm Owner's Identification

Card has been revoked fails to comply with the requirements of

this Section, the sheriff or law enforcement agency where the

person resides may petition the circuit court to issue a

warrant to search for and seize the Firearm Owner's

Identification Card and firearms in the possession or under

the custody or control of the person whose Firearm Owner's

Identification Card has been revoked.

(d) A violation of subsection (a) of this Section is a

Class A misdemeanor.

(e) The observation of a Firearm Owner's Identification

Card in the possession of a person whose Firearm Owner's

Identification Card has been revoked constitutes a sufficient

basis for the arrest of that person for violation of this

Section.

(f) Within 30 days after July 9, 2013 (the effective date

of Public Act 98-63), the Illinois State Police shall provide

written notice of the requirements of this Section to persons

whose Firearm Owner's Identification Cards have been revoked,

suspended, or expired and who have failed to surrender their

cards to the Illinois State Police.

(g) A person whose Firearm Owner's Identification Card has

been revoked and who received notice under subsection (f)

shall comply with the requirements of this Section within 48

hours of receiving notice.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22; revised 8-24-22.)

Section 625. The Lake Michigan Rescue Equipment Act is

amended by changing Section 25 as follows:

(430 ILCS 175/25)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 25. High-incident drowning area plans. Within one

year after an owner's property becomes becoming a

high-incident drowning area, the owner shall update and

disseminate a water safety plan as well as upgrade installed

safety equipment as needed, which may include, but is not

limited to, installing equipment that automatically contacts

9-1-1 or other safety improvements.

(Source: P.A. 102-1036, eff. 6-2-23; revised 8-24-22.)

Section 630. The Herptiles-Herps Act is amended by

changing Section 100-10 as follows:

(510 ILCS 68/100-10)

Sec. 100-10. Search and seizure. Whenever any authorized

employee of the Department, sheriff, deputy sheriff, or other

peace officer office of the State has reason to believe that

any person, owner, possessor, commercial institution, pet

store, or reptile show vendor or attendee possesses any

herptile or any part or parts of a herptile contrary to the

provisions of this Act, including administrative rules, he or

she may file, or cause to be filed, a sworn complaint to that

effect before the circuit court and procure and execute a

search warrant. Upon execution of the search warrant, the

officer executing the search warrant shall make due return of

the search warrant to the court issuing the search warrant,

together with an inventory of all the herptiles or any part or

parts of a herptile taken under the search warrant. The court

shall then issue process against the party owning,

controlling, or transporting the herptile or any part of a

herptile seized, and upon its return shall proceed to

determine whether or not the herptile or any part or parts of a

herptile were held, possessed, or transported in violation of

this Act, including administrative rules. In case of a finding

that a herptile was illegally held, possessed, transported, or

sold, a judgment shall be entered against the owner or party

found in possession of the herptile or any part or parts of a

herptile for the costs of the proceeding and providing for the

disposition of the property seized, as provided for by this

Act.

(Source: P.A. 102-315, eff. 1-1-22; revised 2-28-22.)

Section 635. The Fish and Aquatic Life Code is amended by

changing Section 20-45 as follows:

(515 ILCS 5/20-45) (from Ch. 56, par. 20-45)

Sec. 20-45. License fees for residents. Fees for licenses

for residents of the State of Illinois shall be as follows:

(a) Except as otherwise provided in this Section, for

sport fishing devices as defined in Section 10-95 or

spearing devices as defined in Section 10-110, the fee is

$14.50 for individuals 16 to 64 years old, one-half of the

current fishing license fee for individuals age 65 or

older, and, commencing with the 2012 license year,

one-half of the current fishing license fee for resident

veterans of the United States Armed Forces after returning

from service abroad or mobilization by the President of

the United States as an active duty member of the United

States Armed Forces, the Illinois National Guard, or the

Reserves of the United States Armed Forces. Veterans must

provide to the Department acceptable verification of their

service. The Department shall establish by administrative

rule the procedure by which such verification of service

shall be made to the Department for the purpose of issuing

fishing licenses to resident veterans at a reduced fee.

(a-5) The fee for all sport fishing licenses shall be

$1 for residents over 75 years of age.

(b) All residents before using any commercial fishing

device shall obtain a commercial fishing license, the fee

for which shall be $60 and a resident fishing license, the

fee for which is $14.50. Each and every commercial device

used shall be licensed by a resident commercial fisherman

as follows:

(1) For each 100 lineal yards, or fraction

thereof, of seine the fee is $18. For each minnow

seine, minnow trap, or net for commercial purposes the

fee is $20.

(2) For each device to fish with a 100 hook trot

line device, basket trap, hoop net, or dip net the fee

is $3.

(3) When used in the waters of Lake Michigan, for

the first 2000 lineal feet, or fraction thereof, of

gill net the fee is $10; and for each 1000 additional

lineal feet, or fraction thereof, the fee is $10.

These fees shall apply to all gill nets in use in the

water or on drying reels on the shore.

(4) For each 100 lineal yards, or fraction

thereof, of gill net or trammel net the fee is $18.

(c) Residents of the State of Illinois may obtain a

sportsmen's combination license that shall entitle the

holder to the same non-commercial fishing privileges as

residents holding a license as described in subsection (a)

of this Section and to the same hunting privileges as

residents holding a license to hunt all species as

described in Section 3.1 of the Wildlife Code. No

sportsmen's combination license shall be issued to any

individual who would be ineligible for either the fishing

or hunting license separately. The sportsmen's combination

license fee shall be $25.50. For residents age 65 or

older, the fee is one-half of the fee charged for a

sportsmen's combination license. For resident veterans of

the United States Armed Forces after returning from

service abroad or mobilization by the President of the

United States as an active duty member of the United

States Armed Forces, the Illinois National Guard, or the

Reserves of the United States Armed Forces, the fee,

commencing with the 2012 license year, is one-half of the

fee charged for a sportsmen's combination license.

Veterans must provide to the Department acceptable

verification of their service. The Department shall

establish by administrative rule the procedure by which

such verification of service shall be made to the

Department for the purpose of issuing sportsmen's

combination licenses to resident veterans at a reduced

fee.

(d) For 24 hours of fishing by sport fishing devices

as defined in Section 10-95 or by spearing devices as

defined in Section 10-110 the fee is $5. This license does

not exempt the licensee from the requirement for a salmon

or inland trout stamp. The licenses provided for by this

subsection are not required for residents of the State of

Illinois who have obtained the license provided for in

subsection (a) of this Section.

(e) All residents before using any commercial mussel

device shall obtain a commercial mussel license, the fee

for which shall be $50.

(f) Residents of this State, upon establishing

residency as required by the Department, may obtain a

lifetime hunting or fishing license or lifetime

sportsmen's combination license which shall entitle the

holder to the same non-commercial fishing privileges as

residents holding a license as described in paragraph (a)

of this Section and to the same hunting privileges as

residents holding a license to hunt all species as

described in Section 3.1 of the Wildlife Code. No lifetime

sportsmen's combination license shall be issued to or

retained by any individual who would be ineligible for

either the fishing or hunting license separately, either

upon issuance, or in any year a violation would subject an

individual to have either or both fishing or hunting

privileges rescinded. The lifetime hunting and fishing

license fees shall be as follows:

(1) Lifetime fishing: 30 x the current fishing

license fee.

(2) Lifetime hunting: 30 x the current hunting

license fee.

(3) Lifetime sportsmen's combination license: 30 x

the current sportsmen's combination license fee.

Lifetime licenses shall not be refundable. A $10 fee shall

be charged for reissuing any lifetime license. The Department

may establish rules and regulations for the issuance and use

of lifetime licenses and may suspend or revoke any lifetime

license issued under this Section for violations of those

rules or regulations or other provisions under this Code or ,

the Wildlife Code, or a violation of the United States Code

that involves the taking, possessing, killing, harvesting,

transportation, selling, exporting, or importing any fish or

aquatic life protected by this Code or the taking, possessing,

killing, harvesting, transportation, selling, exporting, or

importing any fauna protected by the Wildlife Code when any

part of the United States Code violation occurred in Illinois.

Individuals under 16 years of age who possess a lifetime

hunting or sportsmen's combination license shall have in their

possession, while in the field, a certificate of competency as

required under Section 3.2 of the Wildlife Code. Any lifetime

license issued under this Section shall not exempt individuals

from obtaining additional stamps or permits required under the

provisions of this Code or the Wildlife Code. Individuals

required to purchase additional stamps shall sign the stamps

and have them in their possession while fishing or hunting

with a lifetime license. All fees received from the issuance

of lifetime licenses shall be deposited in the Fish and

Wildlife Endowment Fund.

Except for licenses issued under subsection (e) of this

Section, all licenses provided for in this Section shall

expire on March 31 of each year, except that the license

provided for in subsection (d) of this Section shall expire 24

hours after the effective date and time listed on the face of

the license.

All individuals required to have and failing to have the

license provided for in subsection (a) or (d) of this Section

shall be fined according to the provisions of Section 20-35 of

this Code.

All individuals required to have and failing to have the

licenses provided for in subsections (b) and (e) of this

Section shall be guilty of a Class B misdemeanor.

(g) For the purposes of this Section, "acceptable

verification" means official documentation from the Department

of Defense or the appropriate Major Command showing

mobilization dates or service abroad dates, including: (i) a

DD-214, (ii) a letter from the Illinois Department of Military

Affairs for members of the Illinois National Guard, (iii) a

letter from the Regional Reserve Command for members of the

Armed Forces Reserve, (iv) a letter from the Major Command

covering Illinois for active duty members, (v) personnel

records for mobilized State employees, and (vi) any other

documentation that the Department, by administrative rule,

deems acceptable to establish dates of mobilization or service

abroad.

For the purposes of this Section, the term "service

abroad" means active duty service outside of the 50 United

States and the District of Columbia, and includes all active

duty service in territories and possessions of the United

States.

(Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22;

revised 7-26-22.)

Section 640. The Wildlife Code is amended by changing

Sections 1.2t and 2.33 as follows:

(520 ILCS 5/1.2t) (from Ch. 61, par. 1.2t)

Sec. 1.2t. "Wildlife" means any bird or mammal that is are

by nature wild by way of distinction from a bird or mammal

those that is are naturally tame and is are ordinarily living

unconfined in a state of nature without the care of man.

(Source: P.A. 97-431, eff. 8-16-11; revised 6-1-22.)

(520 ILCS 5/2.33)

Sec. 2.33. Prohibitions.

(a) It is unlawful to carry or possess any gun in any State

refuge unless otherwise permitted by administrative rule.

(b) It is unlawful to use or possess any snare or

snare-like device, deadfall, net, or pit trap to take any

species, except that snares not powered by springs or other

mechanical devices may be used to trap fur-bearing mammals, in

water sets only, if at least one-half of the snare noose is

located underwater at all times.

(c) It is unlawful for any person at any time to take a

wild mammal protected by this Act from its den by means of any

mechanical device, spade, or digging device or to use smoke or

other gases to dislodge or remove such mammal except as

provided in Section 2.37.

(d) It is unlawful to use a ferret or any other small

mammal which is used in the same or similar manner for which

ferrets are used for the purpose of frightening or driving any

mammals from their dens or hiding places.

(e) (Blank).

(f) It is unlawful to use spears, gigs, hooks, or any like

device to take any species protected by this Act.

(g) It is unlawful to use poisons, chemicals, or

explosives for the purpose of taking any species protected by

this Act.

(h) It is unlawful to hunt adjacent to or near any peat,

grass, brush, or other inflammable substance when it is

burning.

(i) It is unlawful to take, pursue or intentionally harass

or disturb in any manner any wild birds or mammals by use or

aid of any vehicle, conveyance, or unmanned aircraft as

defined by the Illinois Aeronautics Act, except as permitted

by the Code of Federal Regulations for the taking of

waterfowl; except that nothing in this subsection shall

prohibit the use of unmanned aircraft in the inspection of a

public utility facility, tower, or structure or a mobile

service facility, tower, or structure by a public utility, as

defined in Section 3-105 of the Public Utilities Act, or a

provider of mobile services as defined in Section 153 of Title

47 of the United States Code. It is also unlawful to use the

lights of any vehicle or conveyance, any light connected to

any vehicle or conveyance, or any other lighting device or

mechanism from inside or on a vehicle or conveyance in any area

where wildlife may be found except in accordance with Section

2.37 of this Act; however, nothing in this Section shall

prohibit the normal use of headlamps for the purpose of

driving upon a roadway. For purposes of this Section, any

other lighting device or mechanism shall include, but not be

limited to, any device that uses infrared or other light not

visible to the naked eye, electronic image intensification,

active illumination, thermal imaging, or night vision. Striped

skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote

may be taken during the open season by use of a small light

which is worn on the body or hand-held by a person on foot and

not in any vehicle.

(j) It is unlawful to use any shotgun larger than 10 gauge

while taking or attempting to take any of the species

protected by this Act.

(k) It is unlawful to use or possess in the field any

shotgun shell loaded with a shot size larger than lead BB or

steel T (.20 diameter) when taking or attempting to take any

species of wild game mammals (excluding white-tailed deer),

wild game birds, migratory waterfowl or migratory game birds

protected by this Act, except white-tailed deer as provided

for in Section 2.26 and other species as provided for by

subsection (l) or administrative rule.

(l) It is unlawful to take any species of wild game, except

white-tailed deer and fur-bearing mammals, with a shotgun

loaded with slugs unless otherwise provided for by

administrative rule.

(m) It is unlawful to use any shotgun capable of holding

more than 3 shells in the magazine or chamber combined, except

on game breeding and hunting preserve areas licensed under

Section 3.27 and except as permitted by the Code of Federal

Regulations for the taking of waterfowl. If the shotgun is

capable of holding more than 3 shells, it shall, while being

used on an area other than a game breeding and shooting

preserve area licensed pursuant to Section 3.27, be fitted

with a one-piece one piece plug that is irremovable without

dismantling the shotgun or otherwise altered to render it

incapable of holding more than 3 shells in the magazine and

chamber, combined.

(n) It is unlawful for any person, except persons who

possess a permit to hunt from a vehicle as provided in this

Section and persons otherwise permitted by law, to have or

carry any gun in or on any vehicle, conveyance, or aircraft,

unless such gun is unloaded and enclosed in a case, except that

at field trials authorized by Section 2.34 of this Act,

unloaded guns or guns loaded with blank cartridges only, may

be carried on horseback while not contained in a case, or to

have or carry any bow or arrow device in or on any vehicle

unless such bow or arrow device is unstrung or enclosed in a

case, or otherwise made inoperable unless in accordance with

the Firearm Concealed Carry Act.

(o) (Blank).

(p) It is unlawful to take game birds, migratory game

birds or migratory waterfowl with a rifle, pistol, revolver,

or air rifle.

(q) It is unlawful to fire a rifle, pistol, revolver, or

air rifle on, over, or into any waters of this State, including

frozen waters.

(r) It is unlawful to discharge any gun or bow and arrow

device along, upon, across, or from any public right-of-way or

highway in this State.

(s) It is unlawful to use a silencer or other device to

muffle or mute the sound of the explosion or report resulting

from the firing of any gun.

(t) It is unlawful for any person to take or attempt to

take any species of wildlife or parts thereof, or allow a dog

to hunt, within or upon the land of another, or upon waters

flowing over or standing on the land of another, or to

knowingly shoot a gun or bow and arrow device at any wildlife

physically on or flying over the property of another without

first obtaining permission from the owner or the owner's

designee. For the purposes of this Section, the owner's

designee means anyone who the owner designates in a written

authorization and the authorization must contain (i) the legal

or common description of property for which such authority is

given, (ii) the extent that the owner's designee is authorized

to make decisions regarding who is allowed to take or attempt

to take any species of wildlife or parts thereof, and (iii) the

owner's notarized signature. Before enforcing this Section,

the law enforcement officer must have received notice from the

owner or the owner's designee of a violation of this Section.

Statements made to the law enforcement officer regarding this

notice shall not be rendered inadmissible by the hearsay rule

when offered for the purpose of showing the required notice.

(u) It is unlawful for any person to discharge any firearm

for the purpose of taking any of the species protected by this

Act, or hunt with gun or dog, or allow a dog to hunt, within

300 yards of an inhabited dwelling without first obtaining

permission from the owner or tenant, except that while

trapping, hunting with bow and arrow, hunting with dog and

shotgun using shot shells only, or hunting with shotgun using

shot shells only, or providing outfitting services under a

waterfowl outfitter permit, or on licensed game breeding and

hunting preserve areas, as defined in Section 3.27, on

federally owned and managed lands and on Department owned,

managed, leased, or controlled lands, a 100 yard restriction

shall apply.

(v) It is unlawful for any person to remove fur-bearing

mammals from, or to move or disturb in any manner, the traps

owned by another person without written authorization of the

owner to do so.

(w) It is unlawful for any owner of a dog to allow his or

her dog to pursue, harass, or kill deer, except that nothing in

this Section shall prohibit the tracking of wounded deer with

a dog in accordance with the provisions of Section 2.26 of this

Code.

(x) It is unlawful for any person to wantonly or

carelessly injure or destroy, in any manner whatsoever, any

real or personal property on the land of another while engaged

in hunting or trapping thereon.

(y) It is unlawful to hunt wild game protected by this Act

between one-half one half hour after sunset and one-half one

half hour before sunrise, except that hunting hours between

one-half one half hour after sunset and one-half one half hour

before sunrise may be established by administrative rule for

fur-bearing mammals.

(z) It is unlawful to take any game bird (excluding wild

turkeys and crippled pheasants not capable of normal flight

and otherwise irretrievable) protected by this Act when not

flying. Nothing in this Section shall prohibit a person from

carrying an uncased, unloaded shotgun in a boat, while in

pursuit of a crippled migratory waterfowl that is incapable of

normal flight, for the purpose of attempting to reduce the

migratory waterfowl to possession, provided that the attempt

is made immediately upon downing the migratory waterfowl and

is done within 400 yards of the blind from which the migratory

waterfowl was downed. This exception shall apply only to

migratory game birds that are not capable of normal flight.

Migratory waterfowl that are crippled may be taken only with a

shotgun as regulated by subsection (j) of this Section using

shotgun shells as regulated in subsection (k) of this Section.

(aa) It is unlawful to use or possess any device that may

be used for tree climbing or cutting, while hunting

fur-bearing mammals, excluding coyotes. However, coyotes may

not be hunted utilizing these devices during open season for

deer except by properly licensed deer hunters.

(bb) It is unlawful for any person, except licensed game

breeders, pursuant to Section 2.29 to import, carry into, or

possess alive in this State any species of wildlife taken

outside of this State, without obtaining permission to do so

from the Director.

(cc) It is unlawful for any person to have in his or her

possession any freshly killed species protected by this Act

during the season closed for taking.

(dd) It is unlawful to take any species protected by this

Act and retain it alive except as provided by administrative

rule.

(ee) It is unlawful to possess any rifle while in the field

during gun deer season except as provided in Sections 2.25 and

2.26 and administrative rules.

(ff) It is unlawful for any person to take any species

protected by this Act, except migratory waterfowl, during the

gun deer hunting season in those counties open to gun deer

hunting, unless he or she wears, when in the field, a cap and

upper outer garment of a solid blaze orange color or solid

blaze pink color, with such articles of clothing displaying a

minimum of 400 square inches of blaze orange or solid blaze

pink color material.

(gg) It is unlawful during the upland game season for any

person to take upland game with a firearm unless he or she

wears, while in the field, a cap of solid blaze orange color or

solid blaze pink color. For purposes of this Act, upland game

is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked

Pheasant, Eastern Cottontail, and Swamp Rabbit.

(hh) It shall be unlawful to kill or cripple any species

protected by this Act for which there is a bag limit without

making a reasonable effort to retrieve such species and

include such in the bag limit. It shall be unlawful for any

person having control over harvested game mammals, game birds,

or migratory game birds for which there is a bag limit to

wantonly waste or destroy the usable meat of the game, except

this shall not apply to wildlife taken under Sections 2.37 or

3.22 of this Code. For purposes of this subsection, "usable

meat" means the breast meat of a game bird or migratory game

bird and the hind ham and front shoulders of a game mammal. It

shall be unlawful for any person to place, leave, dump, or

abandon a wildlife carcass or parts of it along or upon a

public right-of-way or highway or on public or private

property, including a waterway or stream, without the

permission of the owner or tenant. It shall not be unlawful to

discard game meat that is determined to be unfit for human

consumption.

(ii) This Section shall apply only to those species

protected by this Act taken within the State. Any species or

any parts thereof, legally taken in and transported from other

states or countries, may be possessed within the State, except

as provided in this Section and Sections 2.35, 2.36, and 3.21.

(jj) (Blank).

(kk) Nothing contained in this Section shall prohibit the

Director from issuing permits to paraplegics or to other

persons with disabilities who meet the requirements set forth

in administrative rule to shoot or hunt from a vehicle as

provided by that rule, provided that such is otherwise in

accord with this Act.

(ll) Nothing contained in this Act shall prohibit the

taking of aquatic life protected by the Fish and Aquatic Life

Code or birds and mammals protected by this Act, except deer

and fur-bearing mammals, from a boat not camouflaged or

disguised to alter its identity or to further provide a place

of concealment and not propelled by sail or mechanical power.

However, only shotguns not larger than 10 gauge nor smaller

than .410 bore loaded with not more than 3 shells of a shot

size no larger than lead BB or steel T (.20 diameter) may be

used to take species protected by this Act.

(mm) Nothing contained in this Act shall prohibit the use

of a shotgun, not larger than 10 gauge nor smaller than a 20

gauge, with a rifled barrel.

(nn) It shall be unlawful to possess any species of

wildlife or wildlife parts taken unlawfully in Illinois, any

other state, or any other country, whether or not the wildlife

or wildlife parts are is indigenous to Illinois. For the

purposes of this subsection, the statute of limitations for

unlawful possession of wildlife or wildlife parts shall not

cease until 2 years after the possession has permanently

ended.

(oo) It is unlawful while deer hunting:

(1) to possess or be in close proximity to a rifle that

is not centerfire; or

(2) to be in possession of or in close proximity to a

magazine that is capable of making a rifle not a single

shot.

(Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;

102-932, eff. 1-1-23; revised 12-14-22.)

Section 645. The Wildlife Habitat Management Areas Act is

amended by changing Section 20 as follows:

(520 ILCS 20/20) (from Ch. 61, par. 237)

Sec. 20. In connection with their official duties, it is

lawful for any member of the Department, or any employee

employe or duly appointed agent thereof, to go upon a Wildlife

Habitat Management Area, restricted or open, at any time of

the year with or without firearms, traps, or dogs.

(Source: Laws 1961, p. 2296; revised 8-22-22.)

Section 650. The Illinois Highway Code is amended by

changing Section 2-201 as follows:

(605 ILCS 5/2-201) (from Ch. 121, par. 2-201)

Sec. 2-201. The terms used in this Code shall, for the

purposes of this Code, have the meanings ascribed to them in

this Division of this Article, except when the context

otherwise requires.

(Source: Laws 1959, p. 196; revised 2-28-22.)

Section 655. The Expressway Camera Act is amended by

changing Section 5 as follows:

(605 ILCS 140/5)

(Section scheduled to be repealed on July 1, 2025)

Sec. 5. Camera program.

(a) The Illinois State Police, the Illinois Department of

Transportation, and the Illinois State Toll Highway Authority

shall work together to conduct a program to increase the

amount of cameras along (i) expressways and the State highway

system in the counties of Boone, Bureau, Champaign, Cook,

DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle,

Macon, Madison, McHenry, Morgan, Peoria, Rock Island,

Sangamon, St. Clair, Will, and Winnebago and (ii)

Jean-Baptiste Pointe DuSable Lake Shore Drive in Cook County.

Within 90 days after June 3, 2022 (the effective date of Public

Act 102-1042) this amendatory Act of the 102nd General

Assembly, details about the program objectives, counties where

the program is operational, and policies under which the

program operates shall be made publicly available and posted

online.

(b) Images from the cameras may be extracted by any

authorized user and used by any municipal police department,

county sheriff's office, State Police officer, or other law

enforcement agency with jurisdiction in the investigation of

any offenses involving vehicular hijacking, aggravated

vehicular hijacking, terrorism, motor vehicle theft, or any

forcible felony, including, but not limited to, offenses

involving the use of a firearm; to detect expressway hazards

and highway conditions; and to facilitate highway safety and

incident management. Images from the cameras shall not be used

to enforce petty offenses or offenses not listed in this

subsection, unless use of the images pertains to expressway or

highway safety or hazards. Images from the cameras may be used

by any law enforcement agency conducting an active law

enforcement investigation. All images from the cameras shall

be deleted within 120 days, unless the images are relevant to

an ongoing investigation or pending criminal trial. Cameras

shall not be used to monitor individuals or groups in a

discriminatory manner contrary to applicable State or federal

law.

(b-5) By June 30th of each year, the Illinois State

Police, the Illinois Department of Transportation, and the

Illinois State Toll Highway Authority shall issue a joint

report to the General Assembly detailing the program

operations, including, but not limited to:

(1) the cost of installation of cameras by county;

(2) the cost of ongoing maintenance of the camera

systems per county, including electrical costs and data

transfer costs;

(3) the number of inquiries where the investigation

involved the criminal offenses outlined in subsection (b);

and

(4) the number of incidents in which law enforcement

searched the stored data for the criminal offenses

outlined in subsection (b).

(c) Subject to appropriation, any funds needed to conduct

the program for use on the expressways or State highway system

under the jurisdiction of the Department of Transportation

shall be taken from the Road Fund and shall be included in

requests for qualification processes. Any funds needed to

conduct the program for use on expressways under the

jurisdiction of the Illinois State Toll Highway Authority

shall be paid for by funds from the Illinois State Tollway

Highway Authority and shall be included in requests for

qualification processes.

(c-5) Any forcible felony, gunrunning, or firearms

trafficking offense, as defined in Section 2-8, 24-3a, or

24-3b of the Criminal Code of 2012, respectively, committed on

an expressway monitored by a camera system funded by money

from the Road Fund and investigated by officers of the

Illinois State Police may be prosecuted by the Attorney

General or the State's Attorney where the offense was

committed.

(d) (Blank).

(Source: P.A. 101-42, eff. 1-1-20; 102-1042, eff. 6-3-22;

102-1043, eff. 6-3-22; revised 7-26-22.)

Section 660. The Railroad Incorporation Act is amended by

changing Section 13a as follows:

(610 ILCS 5/13a) (from Ch. 114, par. 13a)

Sec. 13a. Any railroad corporation may, with the consent

of the stockholders hereinafter stated, issue and sell,

subject, however, to the provisions of the Illinois Securities

Law and amendments thereto, under such restrictions and terms

and for such consideration as the stockholders shall

authorize, any part or all of its unissued stock, or

additional stock authorized pursuant to the provisions of this

Act, to employees employes of the corporation or of any

subsidiary corporation, without first offering such stock for

subscription to its stockholders. Such consent and

authorization may be given at any annual or special meeting of

the stockholders by the affirmative vote of two-thirds in

amount of all the shares of stock outstanding and entitled to

vote. If any stockholder not voting in favor of said issue and

sale of stock to employees employes, so desires, he may, at

such meeting, or within twenty days thereafter, object thereto

in writing, to be filed with the secretary of the corporation,

and demand payment for the stock then held by him, in which

case such stockholder or the corporation may at any time

within sixty days after such meeting file a petition in the

Circuit Court of the county in which the principal office of

the corporation is located, asking for a finding and

determination of the fair value of his shares of stock at the

date of such stockholders' meeting.

The same procedure shall be followed upon the filing of

such a petition, as near as may be, as is provided for other

cases where a stockholder, who objects to a certain action of a

corporation, is permitted to have the value of his stock fixed

by the Circuit Court and is given the power to compel the

corporation to buy the stock at that price. The value of such

shares of stock at such date shall be their market value in

case the stock of such corporation is listed upon any

exchange. Upon payment by the corporation of the value of such

shares of stock so determined, such stockholder shall cease to

have any interest in such shares or in the property of the

corporation and his shares of stock shall be transferred to

and may be held and disposed of by the corporation as it shall

see fit. The corporation shall be liable for and shall pay to

any such objecting stockholder the value of his shares of

stock so determined.

(Source: Laws 1925, p. 513; revised 8-22-22.)

Section 665. The Illinois Vehicle Code is amended by

changing Sections 4-203, 5-101.1, 6-107, 6-206, 6-514, 7-328,

7-329, 11-208.6, 11-208.9, 11-506, 11-605, and 12-215 as

follows:

(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)

(Text of Section before amendment by P.A. 102-982)

Sec. 4-203. Removal of motor vehicles or other vehicles;

towing or hauling away.

(a) When a vehicle is abandoned, or left unattended, on a

toll highway, interstate highway, or expressway for 2 hours or

more, its removal by a towing service may be authorized by a

law enforcement agency having jurisdiction.

(b) When a vehicle is abandoned on a highway in an urban

district for 10 hours or more, its removal by a towing service

may be authorized by a law enforcement agency having

jurisdiction.

(c) When a vehicle is abandoned or left unattended on a

highway other than a toll highway, interstate highway, or

expressway, outside of an urban district for 24 hours or more,

its removal by a towing service may be authorized by a law

enforcement agency having jurisdiction.

(d) When an abandoned, unattended, wrecked, burned, or

partially dismantled vehicle is creating a traffic hazard

because of its position in relation to the highway or its

physical appearance is causing the impeding of traffic, its

immediate removal from the highway or private property

adjacent to the highway by a towing service may be authorized

by a law enforcement agency having jurisdiction.

(e) Whenever a peace officer reasonably believes that a

person under arrest for a violation of Section 11-501 of this

Code or a similar provision of a local ordinance is likely,

upon release, to commit a subsequent violation of Section

11-501, or a similar provision of a local ordinance, the

arresting officer shall have the vehicle which the person was

operating at the time of the arrest impounded for a period of

12 hours after the time of arrest. However, such vehicle may be

released by the arresting law enforcement agency prior to the

end of the impoundment period if:

(1) the vehicle was not owned by the person under

arrest, and the lawful owner requesting such release

possesses a valid operator's license, proof of ownership,

and would not, as determined by the arresting law

enforcement agency, indicate a lack of ability to operate

a motor vehicle in a safe manner, or who would otherwise,

by operating such motor vehicle, be in violation of this

Code; or

(2) the vehicle is owned by the person under arrest,

and the person under arrest gives permission to another

person to operate such vehicle, provided however, that the

other person possesses a valid operator's license and

would not, as determined by the arresting law enforcement

agency, indicate a lack of ability to operate a motor

vehicle in a safe manner or who would otherwise, by

operating such motor vehicle, be in violation of this

Code.

(e-5) Whenever a registered owner of a vehicle is taken

into custody for operating the vehicle in violation of Section

11-501 of this Code or a similar provision of a local ordinance

or Section 6-303 of this Code, a law enforcement officer may

have the vehicle immediately impounded for a period not less

than:

(1) 24 hours for a second violation of Section 11-501

of this Code or a similar provision of a local ordinance or

Section 6-303 of this Code or a combination of these

offenses; or

(2) 48 hours for a third violation of Section 11-501

of this Code or a similar provision of a local ordinance or

Section 6-303 of this Code or a combination of these

offenses.

The vehicle may be released sooner if the vehicle is owned

by the person under arrest and the person under arrest gives

permission to another person to operate the vehicle and that

other person possesses a valid operator's license and would

not, as determined by the arresting law enforcement agency,

indicate a lack of ability to operate a motor vehicle in a safe

manner or would otherwise, by operating the motor vehicle, be

in violation of this Code.

(f) Except as provided in Chapter 18a of this Code, the

owner or lessor of privately owned real property within this

State, or any person authorized by such owner or lessor, or any

law enforcement agency in the case of publicly owned real

property may cause any motor vehicle abandoned or left

unattended upon such property without permission to be removed

by a towing service without liability for the costs of

removal, transportation or storage or damage caused by such

removal, transportation or storage. The towing or removal of

any vehicle from private property without the consent of the

registered owner or other legally authorized person in control

of the vehicle is subject to compliance with the following

conditions and restrictions:

1. Any towed or removed vehicle must be stored at the

site of the towing service's place of business. The site

must be open during business hours, and for the purpose of

redemption of vehicles, during the time that the person or

firm towing such vehicle is open for towing purposes.

2. The towing service shall within 30 minutes of

completion of such towing or removal, notify the law

enforcement agency having jurisdiction of such towing or

removal, and the make, model, color, and license plate

number of the vehicle, and shall obtain and record the

name of the person at the law enforcement agency to whom

such information was reported.

3. If the registered owner or legally authorized

person entitled to possession of the vehicle shall arrive

at the scene prior to actual removal or towing of the

vehicle, the vehicle shall be disconnected from the tow

truck and that person shall be allowed to remove the

vehicle without interference, upon the payment of a

reasonable service fee of not more than one-half one half

the posted rate of the towing service as provided in

paragraph 6 of this subsection, for which a receipt shall

be given.

4. The rebate or payment of money or any other

valuable consideration from the towing service or its

owners, managers, or employees to the owners or operators

of the premises from which the vehicles are towed or

removed, for the privilege of removing or towing those

vehicles, is prohibited. Any individual who violates this

paragraph shall be guilty of a Class A misdemeanor.

5. Except for property appurtenant to and obviously a

part of a single family residence, and except for

instances where notice is personally given to the owner or

other legally authorized person in control of the vehicle

that the area in which that vehicle is parked is reserved

or otherwise unavailable to unauthorized vehicles and they

are subject to being removed at the owner or operator's

expense, any property owner or lessor, prior to towing or

removing any vehicle from private property without the

consent of the owner or other legally authorized person in

control of that vehicle, must post a notice meeting the

following requirements:

a. Except as otherwise provided in subparagraph

a.1 of this subdivision (f)5, the notice must be

prominently placed at each driveway access or curb cut

allowing vehicular access to the property within 5

feet from the public right-of-way line. If there are

no curbs or access barriers, the sign must be posted

not less than one sign each 100 feet of lot frontage.

a.1. In a municipality with a population of less

than 250,000, as an alternative to the requirement of

subparagraph a of this subdivision (f)5, the notice

for a parking lot contained within property used

solely for a 2-family, 3-family, or 4-family residence

may be prominently placed at the perimeter of the

parking lot, in a position where the notice is visible

to the occupants of vehicles entering the lot.

b. The notice must indicate clearly, in not less

than 2 inch high light-reflective letters on a

contrasting background, that unauthorized vehicles

will be towed away at the owner's expense.

c. The notice must also provide the name and

current telephone number of the towing service towing

or removing the vehicle.

d. The sign structure containing the required

notices must be permanently installed with the bottom

of the sign not less than 4 feet above ground level,

and must be continuously maintained on the property

for not less than 24 hours prior to the towing or

removing of any vehicle.

6. Any towing service that tows or removes vehicles

and proposes to require the owner, operator, or person in

control of the vehicle to pay the costs of towing and

storage prior to redemption of the vehicle must file and

keep on record with the local law enforcement agency a

complete copy of the current rates to be charged for such

services, and post at the storage site an identical rate

schedule and any written contracts with property owners,

lessors, or persons in control of property which authorize

them to remove vehicles as provided in this Section. The

towing and storage charges, however, shall not exceed the

maximum allowed by the Illinois Commerce Commission under

Section 18a-200.

7. No person shall engage in the removal of vehicles

from private property as described in this Section without

filing a notice of intent in each community where he

intends to do such removal, and such notice shall be filed

at least 7 days before commencing such towing.

8. No removal of a vehicle from private property shall

be done except upon express written instructions of the

owners or persons in charge of the private property upon

which the vehicle is said to be trespassing.

9. Vehicle entry for the purpose of removal shall be

allowed with reasonable care on the part of the person or

firm towing the vehicle. Such person or firm shall be

liable for any damages occasioned to the vehicle if such

entry is not in accordance with the standards of

reasonable care.

9.5. Except as authorized by a law enforcement

officer, no towing service shall engage in the removal of

a commercial motor vehicle that requires a commercial

driver's license to operate by operating the vehicle under

its own power on a highway.

10. When a vehicle has been towed or removed pursuant

to this Section, it must be released to its owner,

custodian, agent, or lienholder within one-half one half

hour after requested, if such request is made during

business hours. Any vehicle owner, custodian, agent, or

lienholder shall have the right to inspect the vehicle

before accepting its return, and no release or waiver of

any kind which would release the towing service from

liability for damages incurred during the towing and

storage may be required from any vehicle owner or other

legally authorized person as a condition of release of the

vehicle. A detailed, signed receipt showing the legal name

of the towing service must be given to the person paying

towing or storage charges at the time of payment, whether

requested or not.

This Section shall not apply to law enforcement,

firefighting, rescue, ambulance, or other emergency

vehicles which are marked as such or to property owned by

any governmental entity.

When an authorized person improperly causes a motor

vehicle to be removed, such person shall be liable to the

owner or lessee of the vehicle for the cost of or removal,

transportation and storage, any damages resulting from the

removal, transportation and storage, attorney's fee and

court costs.

Any towing or storage charges accrued shall be payable

in cash or by cashier's check, certified check, debit

card, credit card, or wire transfer, at the option of the

party taking possession of the vehicle.

11. Towing companies shall also provide insurance

coverage for areas where vehicles towed under the

provisions of this Chapter will be impounded or otherwise

stored, and shall adequately cover loss by fire, theft, or

other risks.

Any person who fails to comply with the conditions and

restrictions of this subsection shall be guilty of a Class C

misdemeanor and shall be fined not less than $100 nor more than

$500.

(g)(1) When a vehicle is determined to be a hazardous

dilapidated motor vehicle pursuant to Section 11-40-3.1 of the

Illinois Municipal Code or Section 5-12002.1 of the Counties

Code, its removal and impoundment by a towing service may be

authorized by a law enforcement agency with appropriate

jurisdiction.

(2) When a vehicle removal from either public or private

property is authorized by a law enforcement agency, the owner

of the vehicle shall be responsible for all towing and storage

charges.

(3) Vehicles removed from public or private property and

stored by a commercial vehicle relocator or any other towing

service authorized by a law enforcement agency in compliance

with this Section and Sections 4-201 and 4-202 of this Code, or

at the request of the vehicle owner or operator, shall be

subject to a possessor lien for services pursuant to the Labor

and Storage Lien (Small Amount) Act. The provisions of Section

1 of that Act relating to notice and implied consent shall be

deemed satisfied by compliance with Section 18a-302 and

subsection (6) of Section 18a-300. In no event shall such lien

be greater than the rate or rates established in accordance

with subsection (6) of Section 18a-200 of this Code. In no

event shall such lien be increased or altered to reflect any

charge for services or materials rendered in addition to those

authorized by this Code. Every such lien shall be payable in

cash or by cashier's check, certified check, debit card,

credit card, or wire transfer, at the option of the party

taking possession of the vehicle.

(4) Any personal property belonging to the vehicle owner

in a vehicle subject to a lien under this subsection (g) shall

likewise be subject to that lien, excepting only: child

restraint systems as defined in Section 4 of the Child

Passenger Protection Act and other child booster seats;

eyeglasses; food; medicine; perishable property; any

operator's licenses; any cash, credit cards, or checks or

checkbooks; any wallet, purse, or other property containing

any operator's license or other identifying documents or

materials, cash, credit cards, checks, or checkbooks; and any

personal property belonging to a person other than the vehicle

owner if that person provides adequate proof that the personal

property belongs to that person. The spouse, child, mother,

father, brother, or sister of the vehicle owner may claim

personal property excepted under this paragraph (4) if the

person claiming the personal property provides the commercial

vehicle relocator or towing service with the authorization of

the vehicle owner.

(5) This paragraph (5) applies only in the case of a

vehicle that is towed as a result of being involved in an

accident. In addition to the personal property excepted under

paragraph (4), all other personal property in a vehicle

subject to a lien under this subsection (g) is exempt from that

lien and may be claimed by the vehicle owner if the vehicle

owner provides the commercial vehicle relocator or towing

service with proof that the vehicle owner has an insurance

policy covering towing and storage fees. The spouse, child,

mother, father, brother, or sister of the vehicle owner may

claim personal property in a vehicle subject to a lien under

this subsection (g) if the person claiming the personal

property provides the commercial vehicle relocator or towing

service with the authorization of the vehicle owner and proof

that the vehicle owner has an insurance policy covering towing

and storage fees. The regulation of liens on personal property

and exceptions to those liens in the case of vehicles towed as

a result of being involved in an accident are exclusive powers

and functions of the State. A home rule unit may not regulate

liens on personal property and exceptions to those liens in

the case of vehicles towed as a result of being involved in an

accident. This paragraph (5) is a denial and limitation of

home rule powers and functions under subsection (h) of Section

6 of Article VII of the Illinois Constitution.

(6) No lien under this subsection (g) shall: exceed $2,000

in its total amount; or be increased or altered to reflect any

charge for services or materials rendered in addition to those

authorized by this Code.

(h) Whenever a peace officer issues a citation to a driver

for a violation of subsection (a) of Section 11-506 of this

Code, the arresting officer may have the vehicle which the

person was operating at the time of the arrest impounded for a

period of 5 days after the time of arrest. An impounding agency

shall release a motor vehicle impounded under this subsection

(h) to the registered owner of the vehicle under any of the

following circumstances:

(1) if If the vehicle is a stolen vehicle; or

(2) if If the person ticketed for a violation of

subsection (a) of Section 11-506 of this Code was not

authorized by the registered owner of the vehicle to

operate the vehicle at the time of the violation; or

(3) if If the registered owner of the vehicle was

neither the driver nor a passenger in the vehicle at the

time of the violation or was unaware that the driver was

using the vehicle to engage in street racing; or

(4) if If the legal owner or registered owner of the

vehicle is a rental car agency; or

(5) if If, prior to the expiration of the impoundment

period specified above, the citation is dismissed or the

defendant is found not guilty of the offense.

(i) Except for vehicles exempted under subsection (b) of

Section 7-601 of this Code, whenever a law enforcement officer

issues a citation to a driver for a violation of Section 3-707

of this Code, and the driver has a prior conviction for a

violation of Section 3-707 of this Code in the past 12 months,

the arresting officer shall authorize the removal and

impoundment of the vehicle by a towing service.

(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;

100-537, eff. 6-1-18; 100-863, eff. 8-14-18; revised 8-26-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 4-203. Removal of motor vehicles or other vehicles;

towing or hauling away.

(a) When a vehicle is abandoned, or left unattended, on a

toll highway, interstate highway, or expressway for 2 hours or

more, its removal by a towing service may be authorized by a

law enforcement agency having jurisdiction.

(b) When a vehicle is abandoned on a highway in an urban

district for 10 hours or more, its removal by a towing service

may be authorized by a law enforcement agency having

jurisdiction.

(c) When a vehicle is abandoned or left unattended on a

highway other than a toll highway, interstate highway, or

expressway, outside of an urban district for 24 hours or more,

its removal by a towing service may be authorized by a law

enforcement agency having jurisdiction.

(d) When an abandoned, unattended, wrecked, burned, or

partially dismantled vehicle is creating a traffic hazard

because of its position in relation to the highway or its

physical appearance is causing the impeding of traffic, its

immediate removal from the highway or private property

adjacent to the highway by a towing service may be authorized

by a law enforcement agency having jurisdiction.

(e) Whenever a peace officer reasonably believes that a

person under arrest for a violation of Section 11-501 of this

Code or a similar provision of a local ordinance is likely,

upon release, to commit a subsequent violation of Section

11-501, or a similar provision of a local ordinance, the

arresting officer shall have the vehicle which the person was

operating at the time of the arrest impounded for a period of

12 hours after the time of arrest. However, such vehicle may be

released by the arresting law enforcement agency prior to the

end of the impoundment period if:

(1) the vehicle was not owned by the person under

arrest, and the lawful owner requesting such release

possesses a valid operator's license, proof of ownership,

and would not, as determined by the arresting law

enforcement agency, indicate a lack of ability to operate

a motor vehicle in a safe manner, or who would otherwise,

by operating such motor vehicle, be in violation of this

Code; or

(2) the vehicle is owned by the person under arrest,

and the person under arrest gives permission to another

person to operate such vehicle, provided however, that the

other person possesses a valid operator's license and

would not, as determined by the arresting law enforcement

agency, indicate a lack of ability to operate a motor

vehicle in a safe manner or who would otherwise, by

operating such motor vehicle, be in violation of this

Code.

(e-5) Whenever a registered owner of a vehicle is taken

into custody for operating the vehicle in violation of Section

11-501 of this Code or a similar provision of a local ordinance

or Section 6-303 of this Code, a law enforcement officer may

have the vehicle immediately impounded for a period not less

than:

(1) 24 hours for a second violation of Section 11-501

of this Code or a similar provision of a local ordinance or

Section 6-303 of this Code or a combination of these

offenses; or

(2) 48 hours for a third violation of Section 11-501

of this Code or a similar provision of a local ordinance or

Section 6-303 of this Code or a combination of these

offenses.

The vehicle may be released sooner if the vehicle is owned

by the person under arrest and the person under arrest gives

permission to another person to operate the vehicle and that

other person possesses a valid operator's license and would

not, as determined by the arresting law enforcement agency,

indicate a lack of ability to operate a motor vehicle in a safe

manner or would otherwise, by operating the motor vehicle, be

in violation of this Code.

(f) Except as provided in Chapter 18a of this Code, the

owner or lessor of privately owned real property within this

State, or any person authorized by such owner or lessor, or any

law enforcement agency in the case of publicly owned real

property may cause any motor vehicle abandoned or left

unattended upon such property without permission to be removed

by a towing service without liability for the costs of

removal, transportation or storage or damage caused by such

removal, transportation or storage. The towing or removal of

any vehicle from private property without the consent of the

registered owner or other legally authorized person in control

of the vehicle is subject to compliance with the following

conditions and restrictions:

1. Any towed or removed vehicle must be stored at the

site of the towing service's place of business. The site

must be open during business hours, and for the purpose of

redemption of vehicles, during the time that the person or

firm towing such vehicle is open for towing purposes.

2. The towing service shall within 30 minutes of

completion of such towing or removal, notify the law

enforcement agency having jurisdiction of such towing or

removal, and the make, model, color, and license plate

number of the vehicle, and shall obtain and record the

name of the person at the law enforcement agency to whom

such information was reported.

3. If the registered owner or legally authorized

person entitled to possession of the vehicle shall arrive

at the scene prior to actual removal or towing of the

vehicle, the vehicle shall be disconnected from the tow

truck and that person shall be allowed to remove the

vehicle without interference, upon the payment of a

reasonable service fee of not more than one-half one half

the posted rate of the towing service as provided in

paragraph 6 of this subsection, for which a receipt shall

be given.

4. The rebate or payment of money or any other

valuable consideration from the towing service or its

owners, managers, or employees to the owners or operators

of the premises from which the vehicles are towed or

removed, for the privilege of removing or towing those

vehicles, is prohibited. Any individual who violates this

paragraph shall be guilty of a Class A misdemeanor.

5. Except for property appurtenant to and obviously a

part of a single family residence, and except for

instances where notice is personally given to the owner or

other legally authorized person in control of the vehicle

that the area in which that vehicle is parked is reserved

or otherwise unavailable to unauthorized vehicles and they

are subject to being removed at the owner or operator's

expense, any property owner or lessor, prior to towing or

removing any vehicle from private property without the

consent of the owner or other legally authorized person in

control of that vehicle, must post a notice meeting the

following requirements:

a. Except as otherwise provided in subparagraph

a.1 of this subdivision (f)5, the notice must be

prominently placed at each driveway access or curb cut

allowing vehicular access to the property within 5

feet from the public right-of-way line. If there are

no curbs or access barriers, the sign must be posted

not less than one sign each 100 feet of lot frontage.

a.1. In a municipality with a population of less

than 250,000, as an alternative to the requirement of

subparagraph a of this subdivision (f)5, the notice

for a parking lot contained within property used

solely for a 2-family, 3-family, or 4-family residence

may be prominently placed at the perimeter of the

parking lot, in a position where the notice is visible

to the occupants of vehicles entering the lot.

b. The notice must indicate clearly, in not less

than 2 inch high light-reflective letters on a

contrasting background, that unauthorized vehicles

will be towed away at the owner's expense.

c. The notice must also provide the name and

current telephone number of the towing service towing

or removing the vehicle.

d. The sign structure containing the required

notices must be permanently installed with the bottom

of the sign not less than 4 feet above ground level,

and must be continuously maintained on the property

for not less than 24 hours prior to the towing or

removing of any vehicle.

6. Any towing service that tows or removes vehicles

and proposes to require the owner, operator, or person in

control of the vehicle to pay the costs of towing and

storage prior to redemption of the vehicle must file and

keep on record with the local law enforcement agency a

complete copy of the current rates to be charged for such

services, and post at the storage site an identical rate

schedule and any written contracts with property owners,

lessors, or persons in control of property which authorize

them to remove vehicles as provided in this Section. The

towing and storage charges, however, shall not exceed the

maximum allowed by the Illinois Commerce Commission under

Section 18a-200.

7. No person shall engage in the removal of vehicles

from private property as described in this Section without

filing a notice of intent in each community where he

intends to do such removal, and such notice shall be filed

at least 7 days before commencing such towing.

8. No removal of a vehicle from private property shall

be done except upon express written instructions of the

owners or persons in charge of the private property upon

which the vehicle is said to be trespassing.

9. Vehicle entry for the purpose of removal shall be

allowed with reasonable care on the part of the person or

firm towing the vehicle. Such person or firm shall be

liable for any damages occasioned to the vehicle if such

entry is not in accordance with the standards of

reasonable care.

9.5. Except as authorized by a law enforcement

officer, no towing service shall engage in the removal of

a commercial motor vehicle that requires a commercial

driver's license to operate by operating the vehicle under

its own power on a highway.

10. When a vehicle has been towed or removed pursuant

to this Section, it must be released to its owner,

custodian, agent, or lienholder within one-half one half

hour after requested, if such request is made during

business hours. Any vehicle owner, custodian, agent, or

lienholder shall have the right to inspect the vehicle

before accepting its return, and no release or waiver of

any kind which would release the towing service from

liability for damages incurred during the towing and

storage may be required from any vehicle owner or other

legally authorized person as a condition of release of the

vehicle. A detailed, signed receipt showing the legal name

of the towing service must be given to the person paying

towing or storage charges at the time of payment, whether

requested or not.

This Section shall not apply to law enforcement,

firefighting, rescue, ambulance, or other emergency

vehicles which are marked as such or to property owned by

any governmental entity.

When an authorized person improperly causes a motor

vehicle to be removed, such person shall be liable to the

owner or lessee of the vehicle for the cost of or removal,

transportation and storage, any damages resulting from the

removal, transportation and storage, attorney's fee and

court costs.

Any towing or storage charges accrued shall be payable

in cash or by cashier's check, certified check, debit

card, credit card, or wire transfer, at the option of the

party taking possession of the vehicle.

11. Towing companies shall also provide insurance

coverage for areas where vehicles towed under the

provisions of this Chapter will be impounded or otherwise

stored, and shall adequately cover loss by fire, theft, or

other risks.

Any person who fails to comply with the conditions and

restrictions of this subsection shall be guilty of a Class C

misdemeanor and shall be fined not less than $100 nor more than

$500.

(g)(1) When a vehicle is determined to be a hazardous

dilapidated motor vehicle pursuant to Section 11-40-3.1 of the

Illinois Municipal Code or Section 5-12002.1 of the Counties

Code, its removal and impoundment by a towing service may be

authorized by a law enforcement agency with appropriate

jurisdiction.

(2) When a vehicle removal from either public or private

property is authorized by a law enforcement agency, the owner

of the vehicle shall be responsible for all towing and storage

charges.

(3) Vehicles removed from public or private property and

stored by a commercial vehicle relocator or any other towing

service authorized by a law enforcement agency in compliance

with this Section and Sections 4-201 and 4-202 of this Code, or

at the request of the vehicle owner or operator, shall be

subject to a possessor lien for services pursuant to the Labor

and Storage Lien (Small Amount) Act. The provisions of Section

1 of that Act relating to notice and implied consent shall be

deemed satisfied by compliance with Section 18a-302 and

subsection (6) of Section 18a-300. In no event shall such lien

be greater than the rate or rates established in accordance

with subsection (6) of Section 18a-200 of this Code. In no

event shall such lien be increased or altered to reflect any

charge for services or materials rendered in addition to those

authorized by this Code. Every such lien shall be payable in

cash or by cashier's check, certified check, debit card,

credit card, or wire transfer, at the option of the party

taking possession of the vehicle.

(4) Any personal property belonging to the vehicle owner

in a vehicle subject to a lien under this subsection (g) shall

likewise be subject to that lien, excepting only: child

restraint systems as defined in Section 4 of the Child

Passenger Protection Act and other child booster seats;

eyeglasses; food; medicine; perishable property; any

operator's licenses; any cash, credit cards, or checks or

checkbooks; any wallet, purse, or other property containing

any operator's license or other identifying documents or

materials, cash, credit cards, checks, or checkbooks; and any

personal property belonging to a person other than the vehicle

owner if that person provides adequate proof that the personal

property belongs to that person. The spouse, child, mother,

father, brother, or sister of the vehicle owner may claim

personal property excepted under this paragraph (4) if the

person claiming the personal property provides the commercial

vehicle relocator or towing service with the authorization of

the vehicle owner.

(5) This paragraph (5) applies only in the case of a

vehicle that is towed as a result of being involved in a crash.

In addition to the personal property excepted under paragraph

(4), all other personal property in a vehicle subject to a lien

under this subsection (g) is exempt from that lien and may be

claimed by the vehicle owner if the vehicle owner provides the

commercial vehicle relocator or towing service with proof that

the vehicle owner has an insurance policy covering towing and

storage fees. The spouse, child, mother, father, brother, or

sister of the vehicle owner may claim personal property in a

vehicle subject to a lien under this subsection (g) if the

person claiming the personal property provides the commercial

vehicle relocator or towing service with the authorization of

the vehicle owner and proof that the vehicle owner has an

insurance policy covering towing and storage fees. The

regulation of liens on personal property and exceptions to

those liens in the case of vehicles towed as a result of being

involved in a crash are exclusive powers and functions of the

State. A home rule unit may not regulate liens on personal

property and exceptions to those liens in the case of vehicles

towed as a result of being involved in a crash. This paragraph

(5) is a denial and limitation of home rule powers and

functions under subsection (h) of Section 6 of Article VII of

the Illinois Constitution.

(6) No lien under this subsection (g) shall: exceed $2,000

in its total amount; or be increased or altered to reflect any

charge for services or materials rendered in addition to those

authorized by this Code.

(h) Whenever a peace officer issues a citation to a driver

for a violation of subsection (a) of Section 11-506 of this

Code, the arresting officer may have the vehicle which the

person was operating at the time of the arrest impounded for a

period of 5 days after the time of arrest. An impounding agency

shall release a motor vehicle impounded under this subsection

(h) to the registered owner of the vehicle under any of the

following circumstances:

(1) if If the vehicle is a stolen vehicle; or

(2) if If the person ticketed for a violation of

subsection (a) of Section 11-506 of this Code was not

authorized by the registered owner of the vehicle to

operate the vehicle at the time of the violation; or

(3) if If the registered owner of the vehicle was

neither the driver nor a passenger in the vehicle at the

time of the violation or was unaware that the driver was

using the vehicle to engage in street racing; or

(4) if If the legal owner or registered owner of the

vehicle is a rental car agency; or

(5) if If, prior to the expiration of the impoundment

period specified above, the citation is dismissed or the

defendant is found not guilty of the offense.

(i) Except for vehicles exempted under subsection (b) of

Section 7-601 of this Code, whenever a law enforcement officer

issues a citation to a driver for a violation of Section 3-707

of this Code, and the driver has a prior conviction for a

violation of Section 3-707 of this Code in the past 12 months,

the arresting officer shall authorize the removal and

impoundment of the vehicle by a towing service.

(Source: P.A. 102-982, eff. 7-1-23; revised 8-26-22.)

(625 ILCS 5/5-101.1)

(Text of Section before amendment by P.A. 102-982)

Sec. 5-101.1. Motor vehicle financing affiliates;

licensing.

(a) In this State, no business shall engage in the

business of a motor vehicle financing affiliate without a

license to do so in writing from the Secretary of State.

(b) An application for a motor vehicle financing

affiliate's license must be filed with the Secretary of State,

duly verified by oath, on a form prescribed by the Secretary of

State and shall contain all of the following:

(1) The name and type of business organization of the

applicant and the applicant's established place of

business and any additional places of business in this

State.

(2) The name and address of the licensed new or used

vehicle dealer to which the applicant will be selling,

transferring, or assigning new or used motor vehicles

pursuant to a written contract. If more than one dealer is

on the application, the applicant shall state in writing

the basis of common ownership among the dealers.

(3) A list of the business organization's officers,

directors, members, and shareholders having a 10% or

greater ownership interest in the business, providing the

residential address for each person listed.

(4) If selling, transferring, or assigning new motor

vehicles, the make or makes of new vehicles that it will

sell, assign, or otherwise transfer to the contracting new

motor vehicle dealer listed on the application pursuant to

paragraph (2).

(5) The name of each manufacturer or franchised

distributor, if any, of new vehicles with whom the

applicant has contracted for the sale of new vehicles and

a signed statement from each manufacturer or franchised

distributor acknowledging the contract.

(6) A statement that the applicant has been approved

for registration under the Retailers' Occupation Tax Act

by the Department of Revenue. This requirement does not

apply to a motor vehicle financing affiliate that is

already licensed with the Secretary of State and is

applying for a renewal of its license.

(7) A statement that the applicant has complied with

the appropriate liability insurance requirement and a

Certificate of Insurance that shall not expire before

December 31 of the year for which the license was issued or

renewed with a minimum liability coverage of $100,000 for

the bodily injury or death of any person, $300,000 for the

bodily injury or death of 2 or more persons in any one

accident, and $50,000 for damage to property. The

expiration of the insurance policy shall not terminate the

liability under the policy arising during the period for

which the policy was filed. Trailer and mobile home

dealers are exempt from the requirements of this

paragraph. A motor vehicle financing affiliate is exempt

from the requirements of this paragraph if it is covered

by the insurance policy of the new or used dealer listed on

the application pursuant to paragraph (2).

(8) A license fee of $1,000 for the applicant's

established place of business and $250 for each additional

place of business, if any, to which the application

pertains. However, if the application is made after June

15 of any year, the license fee shall be $500 for the

applicant's established place of business and $125 for

each additional place of business, if any, to which the

application pertains. These license fees shall be

returnable only in the event that the application is

denied by the Secretary of State.

(9) A statement incorporating the requirements of

paragraphs 8 and 9 of subsection (b) of Section 5-101.

(10) Any other information concerning the business of

the applicant as the Secretary of State may prescribe.

(11) A statement that the applicant understands

Chapter 1 through Chapter 5 of this Code.

(12) The full name, address, and contact information

of each of the dealer's agents or legal representatives

who is an Illinois resident and liable for the performance

of the dealership.

(c) Any change which renders no longer accurate any

information contained in any application for a motor vehicle

financing affiliate's license shall be amended within 30 days

after the occurrence of the change on a form prescribed by the

Secretary of State, accompanied by an amendatory fee of $2.

(d) If a new vehicle dealer is not listed on the

application, pursuant to paragraph (2) of subsection (b), the

motor vehicle financing affiliate shall not receive, possess,

or transfer any new vehicle. If a new motor vehicle dealer is

listed on the application, pursuant to paragraph (2) of

subsection (b), the new motor vehicle dealer can only receive

those new cars it is permitted to receive under its franchise

agreement. If both a new and used motor vehicle dealer are

listed on the application, pursuant to paragraph (2) of

subsection (b), only the new motor vehicle dealer may receive

new motor vehicles. If a used motor vehicle is listed on the

application, pursuant to paragraph (2) of subsection (b), the

used motor vehicle dealer shall not receive any new motor

vehicles.

(e) The applicant and dealer provided pursuant to

paragraph (2) of subsection (b) must be business organizations

registered to conduct business in Illinois. Three-fourths of

the dealer's board of directors must be members of the motor

vehicle financing affiliate's board of directors, if

applicable.

(f) Unless otherwise provided in this Chapter 5, no

business organization registered to do business in Illinois

shall be licensed as a motor vehicle financing affiliate

unless:

(1) The motor vehicle financing affiliate shall only

sell, transfer, or assign motor vehicles to the licensed

new or used dealer listed on the application pursuant to

paragraph (2) of subsection (b).

(2) The motor vehicle financing affiliate sells,

transfers, or assigns to the new motor vehicle dealer

listed on the application, if any, only those new motor

vehicles the motor vehicle financing affiliate has

received under the contract set forth in paragraph (5) of

subsection (b).

(3) Any new vehicle dealer listed pursuant to

paragraph (2) of subsection (b) has a franchise agreement

that permits the dealer to receive motor vehicles from the

motor vehicle franchise affiliate.

(4) The new or used motor vehicle dealer listed on the

application pursuant to paragraph (2) of subsection (b)

has one established place of business or supplemental

places of business as referenced in subsection (g).

(g) The Secretary of State shall, within a reasonable time

after receipt, examine an application submitted pursuant to

this Section and, unless it is determined that the application

does not conform with the requirements of this Section or that

grounds exist for a denial of the application under Section

5-501, grant the applicant a motor vehicle financing affiliate

license in writing for the applicant's established place of

business and a supplemental license in writing for each

additional place of business in a form prescribed by the

Secretary, which shall include all of the following:

(1) The name of the business licensed;

(2) The name and address of its officers, directors,

or members, as applicable;

(3) In the case of an original license, the

established place of business of the licensee;

(4) If applicable, the make or makes of new vehicles

which the licensee is licensed to sell to the new motor

vehicle dealer listed on the application pursuant to

paragraph (2) of subsection (b); and

(5) The full name, address, and contact information of

each of the dealer's agents or legal representatives who

is an Illinois resident and liable for the performance of

the dealership.

(h) The appropriate instrument evidencing the license or a

certified copy, provided by the Secretary of State, shall be

kept posted conspicuously in the established place of business

of the licensee.

(i) Except as provided in subsection (h), all motor

vehicle financing affiliate's licenses granted under this

Section shall expire expired by operation of law on December

31 of the calendar year for which they are granted, unless

revoked or canceled at an earlier date pursuant to Section

5-501.

(j) A motor vehicle financing affiliate's license may be

renewed upon application and payment of the required fee.

However, when an application for renewal of a motor vehicle

financing affiliate's license is made during the month of

December, the effective license shall remain in force until

the application is granted or denied by the Secretary of

State.

(k) The contract a motor vehicle financing affiliate has

with a manufacturer or franchised distributor, as provided in

paragraph (5) of subsection (b), shall only permit the

applicant to sell, transfer, or assign new motor vehicles to

the new motor vehicle dealer listed on the application

pursuant to paragraph (2) of subsection (b). The contract

shall specifically prohibit the motor vehicle financing

affiliate from selling motor vehicles at retail. This contract

shall not be considered the granting of a franchise as defined

in Section 2 of the Motor Vehicle Franchise Act.

(l) When purchasing of a motor vehicle by a new or used

motor vehicle dealer, all persons licensed as a motor vehicle

financing affiliate are required to furnish all of the

following:

(1) For a new vehicle, a manufacturer's statement of

origin properly assigned to the purchasing dealer. For a

used vehicle, a certificate of title properly assigned to

the purchasing dealer.

(2) A statement verified under oath that all

identifying numbers on the vehicle agree with those on the

certificate of title or manufacturer's statement of

origin.

(3) A bill of sale properly executed on behalf of the

purchasing dealer.

(4) A copy of the Uniform Invoice-transaction report

pursuant to Section 5-402.

(5) In the case of a rebuilt vehicle, a copy of the

Disclosure of Rebuilt Vehicle Status pursuant to Section

5-104.3.

(6) In the case of a vehicle for which a warranty has

been reinstated, a copy of the warranty.

(m) The motor vehicle financing affiliate shall use the

established and supplemental place or places of business the

new or used vehicle dealer listed on the application pursuant

to paragraph (2) of subsection (b) as its established and

supplemental place or places of business.

(n) The motor vehicle financing affiliate shall keep all

books and records required by this Code with the books and

records of the new or used vehicle dealer listed on the

application pursuant to paragraph (2) of subsection (b). The

motor vehicle financing affiliate may use the books and

records of the new or used motor vehicle dealer listed on the

application pursuant to paragraph (2) of subsection (b).

(o) Under no circumstances shall a motor vehicle financing

affiliate sell, transfer, or assign a new vehicle to any place

of business of a new motor vehicle dealer, unless that place of

business is licensed under this Chapter to sell, assign, or

otherwise transfer the make of the new motor vehicle

transferred.

(p) All moneys received by the Secretary of State as

license fees under this Section shall be deposited into the

Motor Vehicle Review Board Fund and shall be used to

administer the Motor Vehicle Review Board under the Motor

Vehicle Franchise Act.

(q) Except as otherwise provided in this Section, a motor

vehicle financing affiliate shall comply with all provisions

of this Code.

(r) If a licensee under this Section voluntarily

surrenders a license to the Illinois Secretary of State Police

or a representative of the Secretary of State Vehicle Services

Department due to the licensee's inability to adhere to

recordkeeping provisions, or the inability to properly issue

certificates of title or registrations under this Code, or the

Secretary revokes a license under this Section, then the

licensee and the licensee's agent, designee, or legal

representative, if applicable, may not be named on a new

application for a licensee under this Section or under this

Chapter, nor is the licensee or the licensee's agent,

designee, or legal representative permitted to work for

another licensee under this Chapter in a recordkeeping,

management, or financial position or as an employee who

handles certificate of title and registration documents and

applications.

(Source: P.A. 102-154, eff. 1-1-22; revised 8-22-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 5-101.1. Motor vehicle financing affiliates;

licensing.

(a) In this State, no business shall engage in the

business of a motor vehicle financing affiliate without a

license to do so in writing from the Secretary of State.

(b) An application for a motor vehicle financing

affiliate's license must be filed with the Secretary of State,

duly verified by oath, on a form prescribed by the Secretary of

State and shall contain all of the following:

(1) The name and type of business organization of the

applicant and the applicant's established place of

business and any additional places of business in this

State.

(2) The name and address of the licensed new or used

vehicle dealer to which the applicant will be selling,

transferring, or assigning new or used motor vehicles

pursuant to a written contract. If more than one dealer is

on the application, the applicant shall state in writing

the basis of common ownership among the dealers.

(3) A list of the business organization's officers,

directors, members, and shareholders having a 10% or

greater ownership interest in the business, providing the

residential address for each person listed.

(4) If selling, transferring, or assigning new motor

vehicles, the make or makes of new vehicles that it will

sell, assign, or otherwise transfer to the contracting new

motor vehicle dealer listed on the application pursuant to

paragraph (2).

(5) The name of each manufacturer or franchised

distributor, if any, of new vehicles with whom the

applicant has contracted for the sale of new vehicles and

a signed statement from each manufacturer or franchised

distributor acknowledging the contract.

(6) A statement that the applicant has been approved

for registration under the Retailers' Occupation Tax Act

by the Department of Revenue. This requirement does not

apply to a motor vehicle financing affiliate that is

already licensed with the Secretary of State and is

applying for a renewal of its license.

(7) A statement that the applicant has complied with

the appropriate liability insurance requirement and a

Certificate of Insurance that shall not expire before

December 31 of the year for which the license was issued or

renewed with a minimum liability coverage of $100,000 for

the bodily injury or death of any person, $300,000 for the

bodily injury or death of 2 or more persons in any one

crash, and $50,000 for damage to property. The expiration

of the insurance policy shall not terminate the liability

under the policy arising during the period for which the

policy was filed. Trailer and mobile home dealers are

exempt from the requirements of this paragraph. A motor

vehicle financing affiliate is exempt from the

requirements of this paragraph if it is covered by the

insurance policy of the new or used dealer listed on the

application pursuant to paragraph (2).

(8) A license fee of $1,000 for the applicant's

established place of business and $250 for each additional

place of business, if any, to which the application

pertains. However, if the application is made after June

15 of any year, the license fee shall be $500 for the

applicant's established place of business and $125 for

each additional place of business, if any, to which the

application pertains. These license fees shall be

returnable only in the event that the application is

denied by the Secretary of State.

(9) A statement incorporating the requirements of

paragraphs 8 and 9 of subsection (b) of Section 5-101.

(10) Any other information concerning the business of

the applicant as the Secretary of State may prescribe.

(11) A statement that the applicant understands

Chapter 1 through Chapter 5 of this Code.

(12) The full name, address, and contact information

of each of the dealer's agents or legal representatives

who is an Illinois resident and liable for the performance

of the dealership.

(c) Any change which renders no longer accurate any

information contained in any application for a motor vehicle

financing affiliate's license shall be amended within 30 days

after the occurrence of the change on a form prescribed by the

Secretary of State, accompanied by an amendatory fee of $2.

(d) If a new vehicle dealer is not listed on the

application, pursuant to paragraph (2) of subsection (b), the

motor vehicle financing affiliate shall not receive, possess,

or transfer any new vehicle. If a new motor vehicle dealer is

listed on the application, pursuant to paragraph (2) of

subsection (b), the new motor vehicle dealer can only receive

those new cars it is permitted to receive under its franchise

agreement. If both a new and used motor vehicle dealer are

listed on the application, pursuant to paragraph (2) of

subsection (b), only the new motor vehicle dealer may receive

new motor vehicles. If a used motor vehicle is listed on the

application, pursuant to paragraph (2) of subsection (b), the

used motor vehicle dealer shall not receive any new motor

vehicles.

(e) The applicant and dealer provided pursuant to

paragraph (2) of subsection (b) must be business organizations

registered to conduct business in Illinois. Three-fourths of

the dealer's board of directors must be members of the motor

vehicle financing affiliate's board of directors, if

applicable.

(f) Unless otherwise provided in this Chapter 5, no

business organization registered to do business in Illinois

shall be licensed as a motor vehicle financing affiliate

unless:

(1) The motor vehicle financing affiliate shall only

sell, transfer, or assign motor vehicles to the licensed

new or used dealer listed on the application pursuant to

paragraph (2) of subsection (b).

(2) The motor vehicle financing affiliate sells,

transfers, or assigns to the new motor vehicle dealer

listed on the application, if any, only those new motor

vehicles the motor vehicle financing affiliate has

received under the contract set forth in paragraph (5) of

subsection (b).

(3) Any new vehicle dealer listed pursuant to

paragraph (2) of subsection (b) has a franchise agreement

that permits the dealer to receive motor vehicles from the

motor vehicle franchise affiliate.

(4) The new or used motor vehicle dealer listed on the

application pursuant to paragraph (2) of subsection (b)

has one established place of business or supplemental

places of business as referenced in subsection (g).

(g) The Secretary of State shall, within a reasonable time

after receipt, examine an application submitted pursuant to

this Section and, unless it is determined that the application

does not conform with the requirements of this Section or that

grounds exist for a denial of the application under Section

5-501, grant the applicant a motor vehicle financing affiliate

license in writing for the applicant's established place of

business and a supplemental license in writing for each

additional place of business in a form prescribed by the

Secretary, which shall include all of the following:

(1) The name of the business licensed;

(2) The name and address of its officers, directors,

or members, as applicable;

(3) In the case of an original license, the

established place of business of the licensee;

(4) If applicable, the make or makes of new vehicles

which the licensee is licensed to sell to the new motor

vehicle dealer listed on the application pursuant to

paragraph (2) of subsection (b); and

(5) The full name, address, and contact information of

each of the dealer's agents or legal representatives who

is an Illinois resident and liable for the performance of

the dealership.

(h) The appropriate instrument evidencing the license or a

certified copy, provided by the Secretary of State, shall be

kept posted conspicuously in the established place of business

of the licensee.

(i) Except as provided in subsection (h), all motor

vehicle financing affiliate's licenses granted under this

Section shall expire expired by operation of law on December

31 of the calendar year for which they are granted, unless

revoked or canceled at an earlier date pursuant to Section

5-501.

(j) A motor vehicle financing affiliate's license may be

renewed upon application and payment of the required fee.

However, when an application for renewal of a motor vehicle

financing affiliate's license is made during the month of

December, the effective license shall remain in force until

the application is granted or denied by the Secretary of

State.

(k) The contract a motor vehicle financing affiliate has

with a manufacturer or franchised distributor, as provided in

paragraph (5) of subsection (b), shall only permit the

applicant to sell, transfer, or assign new motor vehicles to

the new motor vehicle dealer listed on the application

pursuant to paragraph (2) of subsection (b). The contract

shall specifically prohibit the motor vehicle financing

affiliate from selling motor vehicles at retail. This contract

shall not be considered the granting of a franchise as defined

in Section 2 of the Motor Vehicle Franchise Act.

(l) When purchasing of a motor vehicle by a new or used

motor vehicle dealer, all persons licensed as a motor vehicle

financing affiliate are required to furnish all of the

following:

(1) For a new vehicle, a manufacturer's statement of

origin properly assigned to the purchasing dealer. For a

used vehicle, a certificate of title properly assigned to

the purchasing dealer.

(2) A statement verified under oath that all

identifying numbers on the vehicle agree with those on the

certificate of title or manufacturer's statement of

origin.

(3) A bill of sale properly executed on behalf of the

purchasing dealer.

(4) A copy of the Uniform Invoice-transaction report

pursuant to Section 5-402.

(5) In the case of a rebuilt vehicle, a copy of the

Disclosure of Rebuilt Vehicle Status pursuant to Section

5-104.3.

(6) In the case of a vehicle for which a warranty has

been reinstated, a copy of the warranty.

(m) The motor vehicle financing affiliate shall use the

established and supplemental place or places of business the

new or used vehicle dealer listed on the application pursuant

to paragraph (2) of subsection (b) as its established and

supplemental place or places of business.

(n) The motor vehicle financing affiliate shall keep all

books and records required by this Code with the books and

records of the new or used vehicle dealer listed on the

application pursuant to paragraph (2) of subsection (b). The

motor vehicle financing affiliate may use the books and

records of the new or used motor vehicle dealer listed on the

application pursuant to paragraph (2) of subsection (b).

(o) Under no circumstances shall a motor vehicle financing

affiliate sell, transfer, or assign a new vehicle to any place

of business of a new motor vehicle dealer, unless that place of

business is licensed under this Chapter to sell, assign, or

otherwise transfer the make of the new motor vehicle

transferred.

(p) All moneys received by the Secretary of State as

license fees under this Section shall be deposited into the

Motor Vehicle Review Board Fund and shall be used to

administer the Motor Vehicle Review Board under the Motor

Vehicle Franchise Act.

(q) Except as otherwise provided in this Section, a motor

vehicle financing affiliate shall comply with all provisions

of this Code.

(r) If a licensee under this Section voluntarily

surrenders a license to the Illinois Secretary of State Police

or a representative of the Secretary of State Vehicle Services

Department due to the licensee's inability to adhere to

recordkeeping provisions, or the inability to properly issue

certificates of title or registrations under this Code, or the

Secretary revokes a license under this Section, then the

licensee and the licensee's agent, designee, or legal

representative, if applicable, may not be named on a new

application for a licensee under this Section or under this

Chapter, nor is the licensee or the licensee's agent,

designee, or legal representative permitted to work for

another licensee under this Chapter in a recordkeeping,

management, or financial position or as an employee who

handles certificate of title and registration documents and

applications.

(Source: P.A. 102-154, eff. 1-1-22; 102-982, eff. 7-1-23;

revised 8-22-22.)

(625 ILCS 5/6-107)

(Text of Section before amendment by P.A. 102-982)

Sec. 6-107. Graduated license.

(a) The purpose of the Graduated Licensing Program is to

develop safe and mature driving habits in young, inexperienced

drivers and reduce or prevent motor vehicle accidents,

fatalities, and injuries by:

(1) providing for an increase in the time of practice

period before granting permission to obtain a driver's

license;

(2) strengthening driver licensing and testing

standards for persons under the age of 21 years;

(3) sanctioning driving privileges of drivers under

age 21 who have committed serious traffic violations or

other specified offenses; and

(4) setting stricter standards to promote the public's

health and safety.

(b) The application of any person under the age of 18

years, and not legally emancipated, for a driver's drivers

license or permit to operate a motor vehicle issued under the

laws of this State, shall be accompanied by the written

consent of either parent of the applicant; otherwise by the

guardian having custody of the applicant, or in the event

there is no parent or guardian, then by another responsible

adult. The written consent must accompany any application for

a driver's license under this subsection (b), regardless of

whether or not the required written consent also accompanied

the person's previous application for an instruction permit.

No graduated driver's license shall be issued to any

applicant under 18 years of age, unless the applicant is at

least 16 years of age and has:

(1) Held a valid instruction permit for a minimum of 9

months.

(2) Passed an approved driver education course and

submits proof of having passed the course as may be

required.

(3) Certification by the parent, legal guardian, or

responsible adult that the applicant has had a minimum of

50 hours of behind-the-wheel practice time, at least 10

hours of which have been at night, and is sufficiently

prepared and able to safely operate a motor vehicle.

(b-1) No graduated driver's license shall be issued to any

applicant who is under 18 years of age and not legally

emancipated, unless the applicant has graduated from a

secondary school of this State or any other state, is enrolled

in a course leading to a State of Illinois High School Diploma,

has obtained a State of Illinois High School Diploma, is

enrolled in an elementary or secondary school or college or

university of this State or any other state and is not a

chronic or habitual truant as provided in Section 26-2a of the

School Code, or is receiving home instruction and submits

proof of meeting any of those requirements at the time of

application.

An applicant under 18 years of age who provides proof

acceptable to the Secretary that the applicant has resumed

regular school attendance or home instruction or that his or

her application was denied in error shall be eligible to

receive a graduated license if other requirements are met. The

Secretary shall adopt rules for implementing this subsection

(b-1).

(c) No graduated driver's license or permit shall be

issued to any applicant under 18 years of age who has committed

the offense of operating a motor vehicle without a valid

license or permit in violation of Section 6-101 of this Code or

a similar out of state offense and no graduated driver's

license or permit shall be issued to any applicant under 18

years of age who has committed an offense that would otherwise

result in a mandatory revocation of a license or permit as

provided in Section 6-205 of this Code or who has been either

convicted of or adjudicated a delinquent based upon a

violation of the Cannabis Control Act, the Illinois Controlled

Substances Act, the Use of Intoxicating Compounds Act, or the

Methamphetamine Control and Community Protection Act while

that individual was in actual physical control of a motor

vehicle. For purposes of this Section, any person placed on

probation under Section 10 of the Cannabis Control Act,

Section 410 of the Illinois Controlled Substances Act, or

Section 70 of the Methamphetamine Control and Community

Protection Act shall not be considered convicted. Any person

found guilty of such an this offense, while in actual physical

control of a motor vehicle, shall have an entry made in the

court record by the judge that the this offense did occur while

the person was in actual physical control of a motor vehicle

and order the clerk of the court to report the violation to the

Secretary of State as such.

(d) No graduated driver's license shall be issued for 9

months to any applicant under the age of 18 years who has

committed and subsequently been convicted of an offense

against traffic regulations governing the movement of

vehicles, any violation of this Section or Section 12-603.1 of

this Code, or who has received a disposition of court

supervision for a violation of Section 6-20 of the Illinois

Liquor Control Act of 1934 or a similar provision of a local

ordinance.

(e) No graduated driver's license holder under the age of

18 years shall operate any motor vehicle, except a motor

driven cycle or motorcycle, with more than one passenger in

the front seat of the motor vehicle and no more passengers in

the back seats than the number of available seat safety belts

as set forth in Section 12-603 of this Code. If a graduated

driver's license holder over the age of 18 committed an

offense against traffic regulations governing the movement of

vehicles or any violation of this Section or Section 12-603.1

of this Code in the 6 months prior to the graduated driver's

license holder's 18th birthday, and was subsequently convicted

of the violation, the provisions of this paragraph shall

continue to apply until such time as a period of 6 consecutive

months has elapsed without an additional violation and

subsequent conviction of an offense against traffic

regulations governing the movement of vehicles or any

violation of this Section or Section 12-603.1 of this Code.

(f) (Blank).

(g) If a graduated driver's license holder is under the

age of 18 when he or she receives the license, for the first 12

months he or she holds the license or until he or she reaches

the age of 18, whichever occurs sooner, the graduated license

holder may not operate a motor vehicle with more than one

passenger in the vehicle who is under the age of 20, unless any

additional passenger or passengers are siblings,

step-siblings, children, or stepchildren of the driver. If a

graduated driver's license holder committed an offense against

traffic regulations governing the movement of vehicles or any

violation of this Section or Section 12-603.1 of this Code

during the first 12 months the license is held and

subsequently is convicted of the violation, the provisions of

this paragraph shall remain in effect until such time as a

period of 6 consecutive months has elapsed without an

additional violation and subsequent conviction of an offense

against traffic regulations governing the movement of vehicles

or any violation of this Section or Section 12-603.1 of this

Code.

(h) It shall be an offense for a person that is age 15, but

under age 20, to be a passenger in a vehicle operated by a

driver holding a graduated driver's license during the first

12 months the driver holds the license or until the driver

reaches the age of 18, whichever occurs sooner, if another

passenger under the age of 20 is present, excluding a sibling,

step-sibling, child, or step-child of the driver.

(i) No graduated driver's license shall be issued to any

applicant under the age of 18 years if the applicant has been

issued a traffic citation for which a disposition has not been

rendered at the time of application.

(Source: P.A. 102-1100, eff. 1-1-23; revised 12-14-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 6-107. Graduated license.

(a) The purpose of the Graduated Licensing Program is to

develop safe and mature driving habits in young, inexperienced

drivers and reduce or prevent motor vehicle crashes,

fatalities, and injuries by:

(1) providing for an increase in the time of practice

period before granting permission to obtain a driver's

license;

(2) strengthening driver licensing and testing

standards for persons under the age of 21 years;

(3) sanctioning driving privileges of drivers under

age 21 who have committed serious traffic violations or

other specified offenses; and

(4) setting stricter standards to promote the public's

health and safety.

(b) The application of any person under the age of 18

years, and not legally emancipated, for a driver's drivers

license or permit to operate a motor vehicle issued under the

laws of this State, shall be accompanied by the written

consent of either parent of the applicant; otherwise by the

guardian having custody of the applicant, or in the event

there is no parent or guardian, then by another responsible

adult. The written consent must accompany any application for

a driver's license under this subsection (b), regardless of

whether or not the required written consent also accompanied

the person's previous application for an instruction permit.

No graduated driver's license shall be issued to any

applicant under 18 years of age, unless the applicant is at

least 16 years of age and has:

(1) Held a valid instruction permit for a minimum of 9

months.

(2) Passed an approved driver education course and

submits proof of having passed the course as may be

required.

(3) Certification by the parent, legal guardian, or

responsible adult that the applicant has had a minimum of

50 hours of behind-the-wheel practice time, at least 10

hours of which have been at night, and is sufficiently

prepared and able to safely operate a motor vehicle.

(b-1) No graduated driver's license shall be issued to any

applicant who is under 18 years of age and not legally

emancipated, unless the applicant has graduated from a

secondary school of this State or any other state, is enrolled

in a course leading to a State of Illinois High School Diploma,

has obtained a State of Illinois High School Diploma, is

enrolled in an elementary or secondary school or college or

university of this State or any other state and is not a

chronic or habitual truant as provided in Section 26-2a of the

School Code, or is receiving home instruction and submits

proof of meeting any of those requirements at the time of

application.

An applicant under 18 years of age who provides proof

acceptable to the Secretary that the applicant has resumed

regular school attendance or home instruction or that his or

her application was denied in error shall be eligible to

receive a graduated license if other requirements are met. The

Secretary shall adopt rules for implementing this subsection

(b-1).

(c) No graduated driver's license or permit shall be

issued to any applicant under 18 years of age who has committed

the offense of operating a motor vehicle without a valid

license or permit in violation of Section 6-101 of this Code or

a similar out of state offense and no graduated driver's

license or permit shall be issued to any applicant under 18

years of age who has committed an offense that would otherwise

result in a mandatory revocation of a license or permit as

provided in Section 6-205 of this Code or who has been either

convicted of or adjudicated a delinquent based upon a

violation of the Cannabis Control Act, the Illinois Controlled

Substances Act, the Use of Intoxicating Compounds Act, or the

Methamphetamine Control and Community Protection Act while

that individual was in actual physical control of a motor

vehicle. For purposes of this Section, any person placed on

probation under Section 10 of the Cannabis Control Act,

Section 410 of the Illinois Controlled Substances Act, or

Section 70 of the Methamphetamine Control and Community

Protection Act shall not be considered convicted. Any person

found guilty of such an this offense, while in actual physical

control of a motor vehicle, shall have an entry made in the

court record by the judge that the this offense did occur while

the person was in actual physical control of a motor vehicle

and order the clerk of the court to report the violation to the

Secretary of State as such.

(d) No graduated driver's license shall be issued for 9

months to any applicant under the age of 18 years who has

committed and subsequently been convicted of an offense

against traffic regulations governing the movement of

vehicles, any violation of this Section or Section 12-603.1 of

this Code, or who has received a disposition of court

supervision for a violation of Section 6-20 of the Illinois

Liquor Control Act of 1934 or a similar provision of a local

ordinance.

(e) No graduated driver's license holder under the age of

18 years shall operate any motor vehicle, except a motor

driven cycle or motorcycle, with more than one passenger in

the front seat of the motor vehicle and no more passengers in

the back seats than the number of available seat safety belts

as set forth in Section 12-603 of this Code. If a graduated

driver's license holder over the age of 18 committed an

offense against traffic regulations governing the movement of

vehicles or any violation of this Section or Section 12-603.1

of this Code in the 6 months prior to the graduated driver's

license holder's 18th birthday, and was subsequently convicted

of the violation, the provisions of this paragraph shall

continue to apply until such time as a period of 6 consecutive

months has elapsed without an additional violation and

subsequent conviction of an offense against traffic

regulations governing the movement of vehicles or any

violation of this Section or Section 12-603.1 of this Code.

(f) (Blank).

(g) If a graduated driver's license holder is under the

age of 18 when he or she receives the license, for the first 12

months he or she holds the license or until he or she reaches

the age of 18, whichever occurs sooner, the graduated license

holder may not operate a motor vehicle with more than one

passenger in the vehicle who is under the age of 20, unless any

additional passenger or passengers are siblings,

step-siblings, children, or stepchildren of the driver. If a

graduated driver's license holder committed an offense against

traffic regulations governing the movement of vehicles or any

violation of this Section or Section 12-603.1 of this Code

during the first 12 months the license is held and

subsequently is convicted of the violation, the provisions of

this paragraph shall remain in effect until such time as a

period of 6 consecutive months has elapsed without an

additional violation and subsequent conviction of an offense

against traffic regulations governing the movement of vehicles

or any violation of this Section or Section 12-603.1 of this

Code.

(h) It shall be an offense for a person that is age 15, but

under age 20, to be a passenger in a vehicle operated by a

driver holding a graduated driver's license during the first

12 months the driver holds the license or until the driver

reaches the age of 18, whichever occurs sooner, if another

passenger under the age of 20 is present, excluding a sibling,

step-sibling, child, or step-child of the driver.

(i) No graduated driver's license shall be issued to any

applicant under the age of 18 years if the applicant has been

issued a traffic citation for which a disposition has not been

rendered at the time of application.

(Source: P.A. 102-982, eff. 7-1-23; 102-1100, eff. 1-1-23;

revised 12-14-22.)

(625 ILCS 5/6-206)

(Text of Section before amendment by P.A. 102-982)

Sec. 6-206. Discretionary authority to suspend or revoke

license or permit; right to a hearing.

(a) The Secretary of State is authorized to suspend or

revoke the driving privileges of any person without

preliminary hearing upon a showing of the person's records or

other sufficient evidence that the person:

1. Has committed an offense for which mandatory

revocation of a driver's license or permit is required

upon conviction;

2. Has been convicted of not less than 3 offenses

against traffic regulations governing the movement of

vehicles committed within any 12-month period. No

revocation or suspension shall be entered more than 6

months after the date of last conviction;

3. Has been repeatedly involved as a driver in motor

vehicle collisions or has been repeatedly convicted of

offenses against laws and ordinances regulating the

movement of traffic, to a degree that indicates lack of

ability to exercise ordinary and reasonable care in the

safe operation of a motor vehicle or disrespect for the

traffic laws and the safety of other persons upon the

highway;

4. Has by the unlawful operation of a motor vehicle

caused or contributed to an accident resulting in injury

requiring immediate professional treatment in a medical

facility or doctor's office to any person, except that any

suspension or revocation imposed by the Secretary of State

under the provisions of this subsection shall start no

later than 6 months after being convicted of violating a

law or ordinance regulating the movement of traffic, which

violation is related to the accident, or shall start not

more than one year after the date of the accident,

whichever date occurs later;

5. Has permitted an unlawful or fraudulent use of a

driver's license, identification card, or permit;

6. Has been lawfully convicted of an offense or

offenses in another state, including the authorization

contained in Section 6-203.1, which if committed within

this State would be grounds for suspension or revocation;

7. Has refused or failed to submit to an examination

provided for by Section 6-207 or has failed to pass the

examination;

8. Is ineligible for a driver's license or permit

under the provisions of Section 6-103;

9. Has made a false statement or knowingly concealed a

material fact or has used false information or

identification in any application for a license,

identification card, or permit;

10. Has possessed, displayed, or attempted to

fraudulently use any license, identification card, or

permit not issued to the person;

11. Has operated a motor vehicle upon a highway of

this State when the person's driving privilege or

privilege to obtain a driver's license or permit was

revoked or suspended unless the operation was authorized

by a monitoring device driving permit, judicial driving

permit issued prior to January 1, 2009, probationary

license to drive, or restricted driving permit issued

under this Code;

12. Has submitted to any portion of the application

process for another person or has obtained the services of

another person to submit to any portion of the application

process for the purpose of obtaining a license,

identification card, or permit for some other person;

13. Has operated a motor vehicle upon a highway of

this State when the person's driver's license or permit

was invalid under the provisions of Sections 6-107.1 and

6-110;

14. Has committed a violation of Section 6-301,

6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

14B of the Illinois Identification Card Act or a similar

offense in another state if, at the time of the offense,

the person held an Illinois driver's license or

identification card;

15. Has been convicted of violating Section 21-2 of

the Criminal Code of 1961 or the Criminal Code of 2012

relating to criminal trespass to vehicles if the person

exercised actual physical control over the vehicle during

the commission of the offense, in which case the

suspension shall be for one year;

16. Has been convicted of violating Section 11-204 of

this Code relating to fleeing from a peace officer;

17. Has refused to submit to a test, or tests, as

required under Section 11-501.1 of this Code and the

person has not sought a hearing as provided for in Section

11-501.1;

18. (Blank);

19. Has committed a violation of paragraph (a) or (b)

of Section 6-101 relating to driving without a driver's

license;

20. Has been convicted of violating Section 6-104

relating to classification of driver's license;

21. Has been convicted of violating Section 11-402 of

this Code relating to leaving the scene of an accident

resulting in damage to a vehicle in excess of $1,000, in

which case the suspension shall be for one year;

22. Has used a motor vehicle in violating paragraph

(3), (4), (7), or (9) of subsection (a) of Section 24-1 of

the Criminal Code of 1961 or the Criminal Code of 2012

relating to unlawful use of weapons, in which case the

suspension shall be for one year;

23. Has, as a driver, been convicted of committing a

violation of paragraph (a) of Section 11-502 of this Code

for a second or subsequent time within one year of a

similar violation;

24. Has been convicted by a court-martial or punished

by non-judicial punishment by military authorities of the

United States at a military installation in Illinois or in

another state of or for a traffic-related offense that is

the same as or similar to an offense specified under

Section 6-205 or 6-206 of this Code;

25. Has permitted any form of identification to be

used by another in the application process in order to

obtain or attempt to obtain a license, identification

card, or permit;

26. Has altered or attempted to alter a license or has

possessed an altered license, identification card, or

permit;

27. (Blank);

28. Has been convicted for a first time of the illegal

possession, while operating or in actual physical control,

as a driver, of a motor vehicle, of any controlled

substance prohibited under the Illinois Controlled

Substances Act, any cannabis prohibited under the Cannabis

Control Act, or any methamphetamine prohibited under the

Methamphetamine Control and Community Protection Act, in

which case the person's driving privileges shall be

suspended for one year. Any defendant found guilty of this

offense while operating a motor vehicle shall have an

entry made in the court record by the presiding judge that

this offense did occur while the defendant was operating a

motor vehicle and order the clerk of the court to report

the violation to the Secretary of State;

29. Has been convicted of the following offenses that

were committed while the person was operating or in actual

physical control, as a driver, of a motor vehicle:

criminal sexual assault, predatory criminal sexual assault

of a child, aggravated criminal sexual assault, criminal

sexual abuse, aggravated criminal sexual abuse, juvenile

pimping, soliciting for a juvenile prostitute, promoting

juvenile prostitution as described in subdivision (a)(1),

(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code

of 1961 or the Criminal Code of 2012, and the manufacture,

sale or delivery of controlled substances or instruments

used for illegal drug use or abuse in which case the

driver's driving privileges shall be suspended for one

year;

30. Has been convicted a second or subsequent time for

any combination of the offenses named in paragraph 29 of

this subsection, in which case the person's driving

privileges shall be suspended for 5 years;

31. Has refused to submit to a test as required by

Section 11-501.6 of this Code or Section 5-16c of the Boat

Registration and Safety Act or has submitted to a test

resulting in an alcohol concentration of 0.08 or more or

any amount of a drug, substance, or compound resulting

from the unlawful use or consumption of cannabis as listed

in the Cannabis Control Act, a controlled substance as

listed in the Illinois Controlled Substances Act, an

intoxicating compound as listed in the Use of Intoxicating

Compounds Act, or methamphetamine as listed in the

Methamphetamine Control and Community Protection Act, in

which case the penalty shall be as prescribed in Section

6-208.1;

32. Has been convicted of Section 24-1.2 of the

Criminal Code of 1961 or the Criminal Code of 2012

relating to the aggravated discharge of a firearm if the

offender was located in a motor vehicle at the time the

firearm was discharged, in which case the suspension shall

be for 3 years;

33. Has as a driver, who was less than 21 years of age

on the date of the offense, been convicted a first time of

a violation of paragraph (a) of Section 11-502 of this

Code or a similar provision of a local ordinance;

34. Has committed a violation of Section 11-1301.5 of

this Code or a similar provision of a local ordinance;

35. Has committed a violation of Section 11-1301.6 of

this Code or a similar provision of a local ordinance;

36. Is under the age of 21 years at the time of arrest

and has been convicted of not less than 2 offenses against

traffic regulations governing the movement of vehicles

committed within any 24-month period. No revocation or

suspension shall be entered more than 6 months after the

date of last conviction;

37. Has committed a violation of subsection (c) of

Section 11-907 of this Code that resulted in damage to the

property of another or the death or injury of another;

38. Has been convicted of a violation of Section 6-20

of the Liquor Control Act of 1934 or a similar provision of

a local ordinance and the person was an occupant of a motor

vehicle at the time of the violation;

39. Has committed a second or subsequent violation of

Section 11-1201 of this Code;

40. Has committed a violation of subsection (a-1) of

Section 11-908 of this Code;

41. Has committed a second or subsequent violation of

Section 11-605.1 of this Code, a similar provision of a

local ordinance, or a similar violation in any other state

within 2 years of the date of the previous violation, in

which case the suspension shall be for 90 days;

42. Has committed a violation of subsection (a-1) of

Section 11-1301.3 of this Code or a similar provision of a

local ordinance;

43. Has received a disposition of court supervision

for a violation of subsection (a), (d), or (e) of Section

6-20 of the Liquor Control Act of 1934 or a similar

provision of a local ordinance and the person was an

occupant of a motor vehicle at the time of the violation,

in which case the suspension shall be for a period of 3

months;

44. Is under the age of 21 years at the time of arrest

and has been convicted of an offense against traffic

regulations governing the movement of vehicles after

having previously had his or her driving privileges

suspended or revoked pursuant to subparagraph 36 of this

Section;

45. Has, in connection with or during the course of a

formal hearing conducted under Section 2-118 of this Code:

(i) committed perjury; (ii) submitted fraudulent or

falsified documents; (iii) submitted documents that have

been materially altered; or (iv) submitted, as his or her

own, documents that were in fact prepared or composed for

another person;

46. Has committed a violation of subsection (j) of

Section 3-413 of this Code;

47. Has committed a violation of subsection (a) of

Section 11-502.1 of this Code;

48. Has submitted a falsified or altered medical

examiner's certificate to the Secretary of State or

provided false information to obtain a medical examiner's

certificate;

49. Has been convicted of a violation of Section

11-1002 or 11-1002.5 that resulted in a Type A injury to

another, in which case the driving privileges of the

person shall be suspended for 12 months;

50. Has committed a violation of subsection (b-5) of

Section 12-610.2 that resulted in great bodily harm,

permanent disability, or disfigurement, in which case the

driving privileges of the person shall be suspended for 12

months;

51. Has committed a violation of Section 10-15 Of the

Cannabis Regulation and Tax Act or a similar provision of

a local ordinance while in a motor vehicle; or

52. Has committed a violation of subsection (b) of

Section 10-20 of the Cannabis Regulation and Tax Act or a

similar provision of a local ordinance.

For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

and 27 of this subsection, license means any driver's license,

any traffic ticket issued when the person's driver's license

is deposited in lieu of bail, a suspension notice issued by the

Secretary of State, a duplicate or corrected driver's license,

a probationary driver's license, or a temporary driver's

license.

(b) If any conviction forming the basis of a suspension or

revocation authorized under this Section is appealed, the

Secretary of State may rescind or withhold the entry of the

order of suspension or revocation, as the case may be,

provided that a certified copy of a stay order of a court is

filed with the Secretary of State. If the conviction is

affirmed on appeal, the date of the conviction shall relate

back to the time the original judgment of conviction was

entered and the 6-month limitation prescribed shall not apply.

(c) 1. Upon suspending or revoking the driver's license or

permit of any person as authorized in this Section, the

Secretary of State shall immediately notify the person in

writing of the revocation or suspension. The notice to be

deposited in the United States mail, postage prepaid, to the

last known address of the person.

2. If the Secretary of State suspends the driver's license

of a person under subsection 2 of paragraph (a) of this

Section, a person's privilege to operate a vehicle as an

occupation shall not be suspended, provided an affidavit is

properly completed, the appropriate fee received, and a permit

issued prior to the effective date of the suspension, unless 5

offenses were committed, at least 2 of which occurred while

operating a commercial vehicle in connection with the driver's

regular occupation. All other driving privileges shall be

suspended by the Secretary of State. Any driver prior to

operating a vehicle for occupational purposes only must submit

the affidavit on forms to be provided by the Secretary of State

setting forth the facts of the person's occupation. The

affidavit shall also state the number of offenses committed

while operating a vehicle in connection with the driver's

regular occupation. The affidavit shall be accompanied by the

driver's license. Upon receipt of a properly completed

affidavit, the Secretary of State shall issue the driver a

permit to operate a vehicle in connection with the driver's

regular occupation only. Unless the permit is issued by the

Secretary of State prior to the date of suspension, the

privilege to drive any motor vehicle shall be suspended as set

forth in the notice that was mailed under this Section. If an

affidavit is received subsequent to the effective date of this

suspension, a permit may be issued for the remainder of the

suspension period.

The provisions of this subparagraph shall not apply to any

driver required to possess a CDL for the purpose of operating a

commercial motor vehicle.

Any person who falsely states any fact in the affidavit

required herein shall be guilty of perjury under Section 6-302

and upon conviction thereof shall have all driving privileges

revoked without further rights.

3. At the conclusion of a hearing under Section 2-118 of

this Code, the Secretary of State shall either rescind or

continue an order of revocation or shall substitute an order

of suspension; or, good cause appearing therefor, rescind,

continue, change, or extend the order of suspension. If the

Secretary of State does not rescind the order, the Secretary

may upon application, to relieve undue hardship (as defined by

the rules of the Secretary of State), issue a restricted

driving permit granting the privilege of driving a motor

vehicle between the petitioner's residence and petitioner's

place of employment or within the scope of the petitioner's

employment-related duties, or to allow the petitioner to

transport himself or herself, or a family member of the

petitioner's household to a medical facility, to receive

necessary medical care, to allow the petitioner to transport

himself or herself to and from alcohol or drug remedial or

rehabilitative activity recommended by a licensed service

provider, or to allow the petitioner to transport himself or

herself or a family member of the petitioner's household to

classes, as a student, at an accredited educational

institution, or to allow the petitioner to transport children,

elderly persons, or persons with disabilities who do not hold

driving privileges and are living in the petitioner's

household to and from daycare. The petitioner must demonstrate

that no alternative means of transportation is reasonably

available and that the petitioner will not endanger the public

safety or welfare.

(A) If a person's license or permit is revoked or

suspended due to 2 or more convictions of violating

Section 11-501 of this Code or a similar provision of a

local ordinance or a similar out-of-state offense, or

Section 9-3 of the Criminal Code of 1961 or the Criminal

Code of 2012, where the use of alcohol or other drugs is

recited as an element of the offense, or a similar

out-of-state offense, or a combination of these offenses,

arising out of separate occurrences, that person, if

issued a restricted driving permit, may not operate a

vehicle unless it has been equipped with an ignition

interlock device as defined in Section 1-129.1.

(B) If a person's license or permit is revoked or

suspended 2 or more times due to any combination of:

(i) a single conviction of violating Section

11-501 of this Code or a similar provision of a local

ordinance or a similar out-of-state offense or Section

9-3 of the Criminal Code of 1961 or the Criminal Code

of 2012, where the use of alcohol or other drugs is

recited as an element of the offense, or a similar

out-of-state offense; or

(ii) a statutory summary suspension or revocation

under Section 11-501.1; or

(iii) a suspension under Section 6-203.1;

arising out of separate occurrences; that person, if

issued a restricted driving permit, may not operate a

vehicle unless it has been equipped with an ignition

interlock device as defined in Section 1-129.1.

(B-5) If a person's license or permit is revoked or

suspended due to a conviction for a violation of

subparagraph (C) or (F) of paragraph (1) of subsection (d)

of Section 11-501 of this Code, or a similar provision of a

local ordinance or similar out-of-state offense, that

person, if issued a restricted driving permit, may not

operate a vehicle unless it has been equipped with an

ignition interlock device as defined in Section 1-129.1.

(C) The person issued a permit conditioned upon the

use of an ignition interlock device must pay to the

Secretary of State DUI Administration Fund an amount not

to exceed $30 per month. The Secretary shall establish by

rule the amount and the procedures, terms, and conditions

relating to these fees.

(D) If the restricted driving permit is issued for

employment purposes, then the prohibition against

operating a motor vehicle that is not equipped with an

ignition interlock device does not apply to the operation

of an occupational vehicle owned or leased by that

person's employer when used solely for employment

purposes. For any person who, within a 5-year period, is

convicted of a second or subsequent offense under Section

11-501 of this Code, or a similar provision of a local

ordinance or similar out-of-state offense, this employment

exemption does not apply until either a one-year period

has elapsed during which that person had his or her

driving privileges revoked or a one-year period has

elapsed during which that person had a restricted driving

permit which required the use of an ignition interlock

device on every motor vehicle owned or operated by that

person.

(E) In each case the Secretary may issue a restricted

driving permit for a period deemed appropriate, except

that all permits shall expire no later than 2 years from

the date of issuance. A restricted driving permit issued

under this Section shall be subject to cancellation,

revocation, and suspension by the Secretary of State in

like manner and for like cause as a driver's license

issued under this Code may be cancelled, revoked, or

suspended; except that a conviction upon one or more

offenses against laws or ordinances regulating the

movement of traffic shall be deemed sufficient cause for

the revocation, suspension, or cancellation of a

restricted driving permit. The Secretary of State may, as

a condition to the issuance of a restricted driving

permit, require the applicant to participate in a

designated driver remedial or rehabilitative program. The

Secretary of State is authorized to cancel a restricted

driving permit if the permit holder does not successfully

complete the program.

(F) A person subject to the provisions of paragraph 4

of subsection (b) of Section 6-208 of this Code may make

application for a restricted driving permit at a hearing

conducted under Section 2-118 of this Code after the

expiration of 5 years from the effective date of the most

recent revocation or after 5 years from the date of

release from a period of imprisonment resulting from a

conviction of the most recent offense, whichever is later,

provided the person, in addition to all other requirements

of the Secretary, shows by clear and convincing evidence:

(i) a minimum of 3 years of uninterrupted

abstinence from alcohol and the unlawful use or

consumption of cannabis under the Cannabis Control

Act, a controlled substance under the Illinois

Controlled Substances Act, an intoxicating compound

under the Use of Intoxicating Compounds Act, or

methamphetamine under the Methamphetamine Control and

Community Protection Act; and

(ii) the successful completion of any

rehabilitative treatment and involvement in any

ongoing rehabilitative activity that may be

recommended by a properly licensed service provider

according to an assessment of the person's alcohol or

drug use under Section 11-501.01 of this Code.

In determining whether an applicant is eligible for a

restricted driving permit under this subparagraph (F), the

Secretary may consider any relevant evidence, including,

but not limited to, testimony, affidavits, records, and

the results of regular alcohol or drug tests. Persons

subject to the provisions of paragraph 4 of subsection (b)

of Section 6-208 of this Code and who have been convicted

of more than one violation of paragraph (3), paragraph

(4), or paragraph (5) of subsection (a) of Section 11-501

of this Code shall not be eligible to apply for a

restricted driving permit under this subparagraph (F).

A restricted driving permit issued under this

subparagraph (F) shall provide that the holder may only

operate motor vehicles equipped with an ignition interlock

device as required under paragraph (2) of subsection (c)

of Section 6-205 of this Code and subparagraph (A) of

paragraph 3 of subsection (c) of this Section. The

Secretary may revoke a restricted driving permit or amend

the conditions of a restricted driving permit issued under

this subparagraph (F) if the holder operates a vehicle

that is not equipped with an ignition interlock device, or

for any other reason authorized under this Code.

A restricted driving permit issued under this

subparagraph (F) shall be revoked, and the holder barred

from applying for or being issued a restricted driving

permit in the future, if the holder is convicted of a

violation of Section 11-501 of this Code, a similar

provision of a local ordinance, or a similar offense in

another state.

(c-3) In the case of a suspension under paragraph 43 of

subsection (a), reports received by the Secretary of State

under this Section shall, except during the actual time the

suspension is in effect, be privileged information and for use

only by the courts, police officers, prosecuting authorities,

the driver licensing administrator of any other state, the

Secretary of State, or the parent or legal guardian of a driver

under the age of 18. However, beginning January 1, 2008, if the

person is a CDL holder, the suspension shall also be made

available to the driver licensing administrator of any other

state, the U.S. Department of Transportation, and the affected

driver or motor carrier or prospective motor carrier upon

request.

(c-4) In the case of a suspension under paragraph 43 of

subsection (a), the Secretary of State shall notify the person

by mail that his or her driving privileges and driver's

license will be suspended one month after the date of the

mailing of the notice.

(c-5) The Secretary of State may, as a condition of the

reissuance of a driver's license or permit to an applicant

whose driver's license or permit has been suspended before he

or she reached the age of 21 years pursuant to any of the

provisions of this Section, require the applicant to

participate in a driver remedial education course and be

retested under Section 6-109 of this Code.

(d) This Section is subject to the provisions of the

Driver License Compact.

(e) The Secretary of State shall not issue a restricted

driving permit to a person under the age of 16 years whose

driving privileges have been suspended or revoked under any

provisions of this Code.

(f) In accordance with 49 CFR 384, the Secretary of State

may not issue a restricted driving permit for the operation of

a commercial motor vehicle to a person holding a CDL whose

driving privileges have been suspended, revoked, cancelled, or

disqualified under any provisions of this Code.

(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;

101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.

8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,

eff. 5-13-22; revised 12-14-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 6-206. Discretionary authority to suspend or revoke

license or permit; right to a hearing.

(a) The Secretary of State is authorized to suspend or

revoke the driving privileges of any person without

preliminary hearing upon a showing of the person's records or

other sufficient evidence that the person:

1. Has committed an offense for which mandatory

revocation of a driver's license or permit is required

upon conviction;

2. Has been convicted of not less than 3 offenses

against traffic regulations governing the movement of

vehicles committed within any 12-month period. No

revocation or suspension shall be entered more than 6

months after the date of last conviction;

3. Has been repeatedly involved as a driver in motor

vehicle collisions or has been repeatedly convicted of

offenses against laws and ordinances regulating the

movement of traffic, to a degree that indicates lack of

ability to exercise ordinary and reasonable care in the

safe operation of a motor vehicle or disrespect for the

traffic laws and the safety of other persons upon the

highway;

4. Has by the unlawful operation of a motor vehicle

caused or contributed to a crash resulting in injury

requiring immediate professional treatment in a medical

facility or doctor's office to any person, except that any

suspension or revocation imposed by the Secretary of State

under the provisions of this subsection shall start no

later than 6 months after being convicted of violating a

law or ordinance regulating the movement of traffic, which

violation is related to the crash, or shall start not more

than one year after the date of the crash, whichever date

occurs later;

5. Has permitted an unlawful or fraudulent use of a

driver's license, identification card, or permit;

6. Has been lawfully convicted of an offense or

offenses in another state, including the authorization

contained in Section 6-203.1, which if committed within

this State would be grounds for suspension or revocation;

7. Has refused or failed to submit to an examination

provided for by Section 6-207 or has failed to pass the

examination;

8. Is ineligible for a driver's license or permit

under the provisions of Section 6-103;

9. Has made a false statement or knowingly concealed a

material fact or has used false information or

identification in any application for a license,

identification card, or permit;

10. Has possessed, displayed, or attempted to

fraudulently use any license, identification card, or

permit not issued to the person;

11. Has operated a motor vehicle upon a highway of

this State when the person's driving privilege or

privilege to obtain a driver's license or permit was

revoked or suspended unless the operation was authorized

by a monitoring device driving permit, judicial driving

permit issued prior to January 1, 2009, probationary

license to drive, or restricted driving permit issued

under this Code;

12. Has submitted to any portion of the application

process for another person or has obtained the services of

another person to submit to any portion of the application

process for the purpose of obtaining a license,

identification card, or permit for some other person;

13. Has operated a motor vehicle upon a highway of

this State when the person's driver's license or permit

was invalid under the provisions of Sections 6-107.1 and

6-110;

14. Has committed a violation of Section 6-301,

6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

14B of the Illinois Identification Card Act or a similar

offense in another state if, at the time of the offense,

the person held an Illinois driver's license or

identification card;

15. Has been convicted of violating Section 21-2 of

the Criminal Code of 1961 or the Criminal Code of 2012

relating to criminal trespass to vehicles if the person

exercised actual physical control over the vehicle during

the commission of the offense, in which case the

suspension shall be for one year;

16. Has been convicted of violating Section 11-204 of

this Code relating to fleeing from a peace officer;

17. Has refused to submit to a test, or tests, as

required under Section 11-501.1 of this Code and the

person has not sought a hearing as provided for in Section

11-501.1;

18. (Blank);

19. Has committed a violation of paragraph (a) or (b)

of Section 6-101 relating to driving without a driver's

license;

20. Has been convicted of violating Section 6-104

relating to classification of driver's license;

21. Has been convicted of violating Section 11-402 of

this Code relating to leaving the scene of a crash

resulting in damage to a vehicle in excess of $1,000, in

which case the suspension shall be for one year;

22. Has used a motor vehicle in violating paragraph

(3), (4), (7), or (9) of subsection (a) of Section 24-1 of

the Criminal Code of 1961 or the Criminal Code of 2012

relating to unlawful use of weapons, in which case the

suspension shall be for one year;

23. Has, as a driver, been convicted of committing a

violation of paragraph (a) of Section 11-502 of this Code

for a second or subsequent time within one year of a

similar violation;

24. Has been convicted by a court-martial or punished

by non-judicial punishment by military authorities of the

United States at a military installation in Illinois or in

another state of or for a traffic-related offense that is

the same as or similar to an offense specified under

Section 6-205 or 6-206 of this Code;

25. Has permitted any form of identification to be

used by another in the application process in order to

obtain or attempt to obtain a license, identification

card, or permit;

26. Has altered or attempted to alter a license or has

possessed an altered license, identification card, or

permit;

27. (Blank);

28. Has been convicted for a first time of the illegal

possession, while operating or in actual physical control,

as a driver, of a motor vehicle, of any controlled

substance prohibited under the Illinois Controlled

Substances Act, any cannabis prohibited under the Cannabis

Control Act, or any methamphetamine prohibited under the

Methamphetamine Control and Community Protection Act, in

which case the person's driving privileges shall be

suspended for one year. Any defendant found guilty of this

offense while operating a motor vehicle shall have an

entry made in the court record by the presiding judge that

this offense did occur while the defendant was operating a

motor vehicle and order the clerk of the court to report

the violation to the Secretary of State;

29. Has been convicted of the following offenses that

were committed while the person was operating or in actual

physical control, as a driver, of a motor vehicle:

criminal sexual assault, predatory criminal sexual assault

of a child, aggravated criminal sexual assault, criminal

sexual abuse, aggravated criminal sexual abuse, juvenile

pimping, soliciting for a juvenile prostitute, promoting

juvenile prostitution as described in subdivision (a)(1),

(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code

of 1961 or the Criminal Code of 2012, and the manufacture,

sale or delivery of controlled substances or instruments

used for illegal drug use or abuse in which case the

driver's driving privileges shall be suspended for one

year;

30. Has been convicted a second or subsequent time for

any combination of the offenses named in paragraph 29 of

this subsection, in which case the person's driving

privileges shall be suspended for 5 years;

31. Has refused to submit to a test as required by

Section 11-501.6 of this Code or Section 5-16c of the Boat

Registration and Safety Act or has submitted to a test

resulting in an alcohol concentration of 0.08 or more or

any amount of a drug, substance, or compound resulting

from the unlawful use or consumption of cannabis as listed

in the Cannabis Control Act, a controlled substance as

listed in the Illinois Controlled Substances Act, an

intoxicating compound as listed in the Use of Intoxicating

Compounds Act, or methamphetamine as listed in the

Methamphetamine Control and Community Protection Act, in

which case the penalty shall be as prescribed in Section

6-208.1;

32. Has been convicted of Section 24-1.2 of the

Criminal Code of 1961 or the Criminal Code of 2012

relating to the aggravated discharge of a firearm if the

offender was located in a motor vehicle at the time the

firearm was discharged, in which case the suspension shall

be for 3 years;

33. Has as a driver, who was less than 21 years of age

on the date of the offense, been convicted a first time of

a violation of paragraph (a) of Section 11-502 of this

Code or a similar provision of a local ordinance;

34. Has committed a violation of Section 11-1301.5 of

this Code or a similar provision of a local ordinance;

35. Has committed a violation of Section 11-1301.6 of

this Code or a similar provision of a local ordinance;

36. Is under the age of 21 years at the time of arrest

and has been convicted of not less than 2 offenses against

traffic regulations governing the movement of vehicles

committed within any 24-month period. No revocation or

suspension shall be entered more than 6 months after the

date of last conviction;

37. Has committed a violation of subsection (c) of

Section 11-907 of this Code that resulted in damage to the

property of another or the death or injury of another;

38. Has been convicted of a violation of Section 6-20

of the Liquor Control Act of 1934 or a similar provision of

a local ordinance and the person was an occupant of a motor

vehicle at the time of the violation;

39. Has committed a second or subsequent violation of

Section 11-1201 of this Code;

40. Has committed a violation of subsection (a-1) of

Section 11-908 of this Code;

41. Has committed a second or subsequent violation of

Section 11-605.1 of this Code, a similar provision of a

local ordinance, or a similar violation in any other state

within 2 years of the date of the previous violation, in

which case the suspension shall be for 90 days;

42. Has committed a violation of subsection (a-1) of

Section 11-1301.3 of this Code or a similar provision of a

local ordinance;

43. Has received a disposition of court supervision

for a violation of subsection (a), (d), or (e) of Section

6-20 of the Liquor Control Act of 1934 or a similar

provision of a local ordinance and the person was an

occupant of a motor vehicle at the time of the violation,

in which case the suspension shall be for a period of 3

months;

44. Is under the age of 21 years at the time of arrest

and has been convicted of an offense against traffic

regulations governing the movement of vehicles after

having previously had his or her driving privileges

suspended or revoked pursuant to subparagraph 36 of this

Section;

45. Has, in connection with or during the course of a

formal hearing conducted under Section 2-118 of this Code:

(i) committed perjury; (ii) submitted fraudulent or

falsified documents; (iii) submitted documents that have

been materially altered; or (iv) submitted, as his or her

own, documents that were in fact prepared or composed for

another person;

46. Has committed a violation of subsection (j) of

Section 3-413 of this Code;

47. Has committed a violation of subsection (a) of

Section 11-502.1 of this Code;

48. Has submitted a falsified or altered medical

examiner's certificate to the Secretary of State or

provided false information to obtain a medical examiner's

certificate;

49. Has been convicted of a violation of Section

11-1002 or 11-1002.5 that resulted in a Type A injury to

another, in which case the driving privileges of the

person shall be suspended for 12 months;

50. Has committed a violation of subsection (b-5) of

Section 12-610.2 that resulted in great bodily harm,

permanent disability, or disfigurement, in which case the

driving privileges of the person shall be suspended for 12

months;

51. Has committed a violation of Section 10-15 Of the

Cannabis Regulation and Tax Act or a similar provision of

a local ordinance while in a motor vehicle; or

52. Has committed a violation of subsection (b) of

Section 10-20 of the Cannabis Regulation and Tax Act or a

similar provision of a local ordinance.

For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

and 27 of this subsection, license means any driver's license,

any traffic ticket issued when the person's driver's license

is deposited in lieu of bail, a suspension notice issued by the

Secretary of State, a duplicate or corrected driver's license,

a probationary driver's license, or a temporary driver's

license.

(b) If any conviction forming the basis of a suspension or

revocation authorized under this Section is appealed, the

Secretary of State may rescind or withhold the entry of the

order of suspension or revocation, as the case may be,

provided that a certified copy of a stay order of a court is

filed with the Secretary of State. If the conviction is

affirmed on appeal, the date of the conviction shall relate

back to the time the original judgment of conviction was

entered and the 6-month limitation prescribed shall not apply.

(c) 1. Upon suspending or revoking the driver's license or

permit of any person as authorized in this Section, the

Secretary of State shall immediately notify the person in

writing of the revocation or suspension. The notice to be

deposited in the United States mail, postage prepaid, to the

last known address of the person.

2. If the Secretary of State suspends the driver's license

of a person under subsection 2 of paragraph (a) of this

Section, a person's privilege to operate a vehicle as an

occupation shall not be suspended, provided an affidavit is

properly completed, the appropriate fee received, and a permit

issued prior to the effective date of the suspension, unless 5

offenses were committed, at least 2 of which occurred while

operating a commercial vehicle in connection with the driver's

regular occupation. All other driving privileges shall be

suspended by the Secretary of State. Any driver prior to

operating a vehicle for occupational purposes only must submit

the affidavit on forms to be provided by the Secretary of State

setting forth the facts of the person's occupation. The

affidavit shall also state the number of offenses committed

while operating a vehicle in connection with the driver's

regular occupation. The affidavit shall be accompanied by the

driver's license. Upon receipt of a properly completed

affidavit, the Secretary of State shall issue the driver a

permit to operate a vehicle in connection with the driver's

regular occupation only. Unless the permit is issued by the

Secretary of State prior to the date of suspension, the

privilege to drive any motor vehicle shall be suspended as set

forth in the notice that was mailed under this Section. If an

affidavit is received subsequent to the effective date of this

suspension, a permit may be issued for the remainder of the

suspension period.

The provisions of this subparagraph shall not apply to any

driver required to possess a CDL for the purpose of operating a

commercial motor vehicle.

Any person who falsely states any fact in the affidavit

required herein shall be guilty of perjury under Section 6-302

and upon conviction thereof shall have all driving privileges

revoked without further rights.

3. At the conclusion of a hearing under Section 2-118 of

this Code, the Secretary of State shall either rescind or

continue an order of revocation or shall substitute an order

of suspension; or, good cause appearing therefor, rescind,

continue, change, or extend the order of suspension. If the

Secretary of State does not rescind the order, the Secretary

may upon application, to relieve undue hardship (as defined by

the rules of the Secretary of State), issue a restricted

driving permit granting the privilege of driving a motor

vehicle between the petitioner's residence and petitioner's

place of employment or within the scope of the petitioner's

employment-related duties, or to allow the petitioner to

transport himself or herself, or a family member of the

petitioner's household to a medical facility, to receive

necessary medical care, to allow the petitioner to transport

himself or herself to and from alcohol or drug remedial or

rehabilitative activity recommended by a licensed service

provider, or to allow the petitioner to transport himself or

herself or a family member of the petitioner's household to

classes, as a student, at an accredited educational

institution, or to allow the petitioner to transport children,

elderly persons, or persons with disabilities who do not hold

driving privileges and are living in the petitioner's

household to and from daycare. The petitioner must demonstrate

that no alternative means of transportation is reasonably

available and that the petitioner will not endanger the public

safety or welfare.

(A) If a person's license or permit is revoked or

suspended due to 2 or more convictions of violating

Section 11-501 of this Code or a similar provision of a

local ordinance or a similar out-of-state offense, or

Section 9-3 of the Criminal Code of 1961 or the Criminal

Code of 2012, where the use of alcohol or other drugs is

recited as an element of the offense, or a similar

out-of-state offense, or a combination of these offenses,

arising out of separate occurrences, that person, if

issued a restricted driving permit, may not operate a

vehicle unless it has been equipped with an ignition

interlock device as defined in Section 1-129.1.

(B) If a person's license or permit is revoked or

suspended 2 or more times due to any combination of:

(i) a single conviction of violating Section

11-501 of this Code or a similar provision of a local

ordinance or a similar out-of-state offense or Section

9-3 of the Criminal Code of 1961 or the Criminal Code

of 2012, where the use of alcohol or other drugs is

recited as an element of the offense, or a similar

out-of-state offense; or

(ii) a statutory summary suspension or revocation

under Section 11-501.1; or

(iii) a suspension under Section 6-203.1;

arising out of separate occurrences; that person, if

issued a restricted driving permit, may not operate a

vehicle unless it has been equipped with an ignition

interlock device as defined in Section 1-129.1.

(B-5) If a person's license or permit is revoked or

suspended due to a conviction for a violation of

subparagraph (C) or (F) of paragraph (1) of subsection (d)

of Section 11-501 of this Code, or a similar provision of a

local ordinance or similar out-of-state offense, that

person, if issued a restricted driving permit, may not

operate a vehicle unless it has been equipped with an

ignition interlock device as defined in Section 1-129.1.

(C) The person issued a permit conditioned upon the

use of an ignition interlock device must pay to the

Secretary of State DUI Administration Fund an amount not

to exceed $30 per month. The Secretary shall establish by

rule the amount and the procedures, terms, and conditions

relating to these fees.

(D) If the restricted driving permit is issued for

employment purposes, then the prohibition against

operating a motor vehicle that is not equipped with an

ignition interlock device does not apply to the operation

of an occupational vehicle owned or leased by that

person's employer when used solely for employment

purposes. For any person who, within a 5-year period, is

convicted of a second or subsequent offense under Section

11-501 of this Code, or a similar provision of a local

ordinance or similar out-of-state offense, this employment

exemption does not apply until either a one-year period

has elapsed during which that person had his or her

driving privileges revoked or a one-year period has

elapsed during which that person had a restricted driving

permit which required the use of an ignition interlock

device on every motor vehicle owned or operated by that

person.

(E) In each case the Secretary may issue a restricted

driving permit for a period deemed appropriate, except

that all permits shall expire no later than 2 years from

the date of issuance. A restricted driving permit issued

under this Section shall be subject to cancellation,

revocation, and suspension by the Secretary of State in

like manner and for like cause as a driver's license

issued under this Code may be cancelled, revoked, or

suspended; except that a conviction upon one or more

offenses against laws or ordinances regulating the

movement of traffic shall be deemed sufficient cause for

the revocation, suspension, or cancellation of a

restricted driving permit. The Secretary of State may, as

a condition to the issuance of a restricted driving

permit, require the applicant to participate in a

designated driver remedial or rehabilitative program. The

Secretary of State is authorized to cancel a restricted

driving permit if the permit holder does not successfully

complete the program.

(F) A person subject to the provisions of paragraph 4

of subsection (b) of Section 6-208 of this Code may make

application for a restricted driving permit at a hearing

conducted under Section 2-118 of this Code after the

expiration of 5 years from the effective date of the most

recent revocation or after 5 years from the date of

release from a period of imprisonment resulting from a

conviction of the most recent offense, whichever is later,

provided the person, in addition to all other requirements

of the Secretary, shows by clear and convincing evidence:

(i) a minimum of 3 years of uninterrupted

abstinence from alcohol and the unlawful use or

consumption of cannabis under the Cannabis Control

Act, a controlled substance under the Illinois

Controlled Substances Act, an intoxicating compound

under the Use of Intoxicating Compounds Act, or

methamphetamine under the Methamphetamine Control and

Community Protection Act; and

(ii) the successful completion of any

rehabilitative treatment and involvement in any

ongoing rehabilitative activity that may be

recommended by a properly licensed service provider

according to an assessment of the person's alcohol or

drug use under Section 11-501.01 of this Code.

In determining whether an applicant is eligible for a

restricted driving permit under this subparagraph (F), the

Secretary may consider any relevant evidence, including,

but not limited to, testimony, affidavits, records, and

the results of regular alcohol or drug tests. Persons

subject to the provisions of paragraph 4 of subsection (b)

of Section 6-208 of this Code and who have been convicted

of more than one violation of paragraph (3), paragraph

(4), or paragraph (5) of subsection (a) of Section 11-501

of this Code shall not be eligible to apply for a

restricted driving permit under this subparagraph (F).

A restricted driving permit issued under this

subparagraph (F) shall provide that the holder may only

operate motor vehicles equipped with an ignition interlock

device as required under paragraph (2) of subsection (c)

of Section 6-205 of this Code and subparagraph (A) of

paragraph 3 of subsection (c) of this Section. The

Secretary may revoke a restricted driving permit or amend

the conditions of a restricted driving permit issued under

this subparagraph (F) if the holder operates a vehicle

that is not equipped with an ignition interlock device, or

for any other reason authorized under this Code.

A restricted driving permit issued under this

subparagraph (F) shall be revoked, and the holder barred

from applying for or being issued a restricted driving

permit in the future, if the holder is convicted of a

violation of Section 11-501 of this Code, a similar

provision of a local ordinance, or a similar offense in

another state.

(c-3) In the case of a suspension under paragraph 43 of

subsection (a), reports received by the Secretary of State

under this Section shall, except during the actual time the

suspension is in effect, be privileged information and for use

only by the courts, police officers, prosecuting authorities,

the driver licensing administrator of any other state, the

Secretary of State, or the parent or legal guardian of a driver

under the age of 18. However, beginning January 1, 2008, if the

person is a CDL holder, the suspension shall also be made

available to the driver licensing administrator of any other

state, the U.S. Department of Transportation, and the affected

driver or motor carrier or prospective motor carrier upon

request.

(c-4) In the case of a suspension under paragraph 43 of

subsection (a), the Secretary of State shall notify the person

by mail that his or her driving privileges and driver's

license will be suspended one month after the date of the

mailing of the notice.

(c-5) The Secretary of State may, as a condition of the

reissuance of a driver's license or permit to an applicant

whose driver's license or permit has been suspended before he

or she reached the age of 21 years pursuant to any of the

provisions of this Section, require the applicant to

participate in a driver remedial education course and be

retested under Section 6-109 of this Code.

(d) This Section is subject to the provisions of the

Driver License Compact.

(e) The Secretary of State shall not issue a restricted

driving permit to a person under the age of 16 years whose

driving privileges have been suspended or revoked under any

provisions of this Code.

(f) In accordance with 49 CFR 384, the Secretary of State

may not issue a restricted driving permit for the operation of

a commercial motor vehicle to a person holding a CDL whose

driving privileges have been suspended, revoked, cancelled, or

disqualified under any provisions of this Code.

(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;

101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.

8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,

eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.)

(625 ILCS 5/6-514)

(Text of Section before amendment by P.A. 102-982)

Sec. 6-514. Commercial driver's license (CDL); commercial

learner's permit (CLP); disqualifications.

(a) A person shall be disqualified from driving a

commercial motor vehicle for a period of not less than 12

months for the first violation of:

(1) Refusing to submit to or failure to complete a

test or tests to determine the driver's blood

concentration of alcohol, other drug, or both while

driving a commercial motor vehicle or, if the driver is a

CLP or CDL holder, while driving a non-CMV; or

(2) Operating a commercial motor vehicle while the

alcohol concentration of the person's blood, breath, other

bodily substance, or urine is at least 0.04, or any amount

of a drug, substance, or compound in the person's blood,

other bodily substance, or urine resulting from the

unlawful use or consumption of cannabis listed in the

Cannabis Control Act, a controlled substance listed in the

Illinois Controlled Substances Act, or methamphetamine as

listed in the Methamphetamine Control and Community

Protection Act as indicated by a police officer's sworn

report or other verified evidence; or operating a

non-commercial motor vehicle while the alcohol

concentration of the person's blood, breath, other bodily

substance, or urine was above the legal limit defined in

Section 11-501.1 or 11-501.8 or any amount of a drug,

substance, or compound in the person's blood, other bodily

substance, or urine resulting from the unlawful use or

consumption of cannabis listed in the Cannabis Control

Act, a controlled substance listed in the Illinois

Controlled Substances Act, or methamphetamine as listed in

the Methamphetamine Control and Community Protection Act

as indicated by a police officer's sworn report or other

verified evidence while holding a CLP or CDL; or

(3) Conviction for a first violation of:

(i) Driving a commercial motor vehicle or, if the

driver is a CLP or CDL holder, driving a non-CMV while

under the influence of alcohol, or any other drug, or

combination of drugs to a degree which renders such

person incapable of safely driving; or

(ii) Knowingly leaving the scene of an accident

while operating a commercial motor vehicle or, if the

driver is a CLP or CDL holder, while driving a non-CMV;

or

(iii) Driving a commercial motor vehicle or, if

the driver is a CLP or CDL holder, driving a non-CMV

while committing any felony; or

(iv) Driving a commercial motor vehicle while the

person's driving privileges or driver's license or

permit is revoked, suspended, or cancelled or the

driver is disqualified from operating a commercial

motor vehicle; or

(v) Causing a fatality through the negligent

operation of a commercial motor vehicle, including but

not limited to the crimes of motor vehicle

manslaughter, homicide by a motor vehicle, and

negligent homicide.

As used in this subdivision (a)(3)(v), "motor

vehicle manslaughter" means the offense of involuntary

manslaughter if committed by means of a vehicle;

"homicide by a motor vehicle" means the offense of

first degree murder or second degree murder, if either

offense is committed by means of a vehicle; and

"negligent homicide" means reckless homicide under

Section 9-3 of the Criminal Code of 1961 or the

Criminal Code of 2012 and aggravated driving under the

influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or any combination

thereof under subdivision (d)(1)(F) of Section 11-501

of this Code.

If any of the above violations or refusals occurred

while transporting hazardous material(s) required to be

placarded, the person shall be disqualified for a period

of not less than 3 years; or

(4) (Blank).

(b) A person is disqualified for life for a second

conviction of any of the offenses specified in paragraph (a),

or any combination of those offenses, arising from 2 or more

separate incidents.

(c) A person is disqualified from driving a commercial

motor vehicle for life if the person either (i) uses a

commercial motor vehicle in the commission of any felony

involving the manufacture, distribution, or dispensing of a

controlled substance, or possession with intent to

manufacture, distribute or dispense a controlled substance or

(ii) if the person is a CLP or CDL holder, uses a non-CMV in

the commission of a felony involving any of those activities.

(d) The Secretary of State may, when the United States

Secretary of Transportation so authorizes, issue regulations

in which a disqualification for life under paragraph (b) may

be reduced to a period of not less than 10 years. If a

reinstated driver is subsequently convicted of another

disqualifying offense, as specified in subsection (a) of this

Section, he or she shall be permanently disqualified for life

and shall be ineligible to again apply for a reduction of the

lifetime disqualification.

(e) A person is disqualified from driving a commercial

motor vehicle for a period of not less than 2 months if

convicted of 2 serious traffic violations, committed in a

commercial motor vehicle, non-CMV while holding a CLP or CDL,

or any combination thereof, arising from separate incidents,

occurring within a 3-year period, provided the serious traffic

violation committed in a non-CMV would result in the

suspension or revocation of the CLP or CDL holder's non-CMV

privileges. However, a person will be disqualified from

driving a commercial motor vehicle for a period of not less

than 4 months if convicted of 3 serious traffic violations,

committed in a commercial motor vehicle, non-CMV while holding

a CLP or CDL, or any combination thereof, arising from

separate incidents, occurring within a 3-year period, provided

the serious traffic violation committed in a non-CMV would

result in the suspension or revocation of the CLP or CDL

holder's non-CMV privileges. If all the convictions occurred

in a non-CMV, the disqualification shall be entered only if

the convictions would result in the suspension or revocation

of the CLP or CDL holder's non-CMV privileges.

(e-1) (Blank).

(f) Notwithstanding any other provision of this Code, any

driver disqualified from operating a commercial motor vehicle,

pursuant to this UCDLA, shall not be eligible for restoration

of commercial driving privileges during any such period of

disqualification.

(g) After suspending, revoking, or cancelling a CLP or

CDL, the Secretary of State must update the driver's records

to reflect such action within 10 days. After suspending or

revoking the driving privilege of any person who has been

issued a CLP or CDL from another jurisdiction, the Secretary

shall originate notification to such issuing jurisdiction

within 10 days.

(h) The "disqualifications" referred to in this Section

shall not be imposed upon any commercial motor vehicle driver,

by the Secretary of State, unless the prohibited action(s)

occurred after March 31, 1992.

(i) A person is disqualified from driving a commercial

motor vehicle in accordance with the following:

(1) For 6 months upon a first conviction of paragraph

(2) of subsection (b) or subsection (b-3) of Section 6-507

of this Code.

(2) For 2 years upon a second conviction of paragraph

(2) of subsection (b) or subsection (b-3) or any

combination of paragraphs (2) or (3) of subsection (b) or

subsections (b-3) or (b-5) of Section 6-507 of this Code

within a 10-year period if the second conviction is a

violation of paragraph (2) of subsection (b) or subsection

(b-3).

(3) For 3 years upon a third or subsequent conviction

of paragraph (2) of subsection (b) or subsection (b-3) or

any combination of paragraphs (2) or (3) of subsection (b)

or subsections (b-3) or (b-5) of Section 6-507 of this

Code within a 10-year period if the third or subsequent

conviction is a violation of paragraph (2) of subsection

(b) or subsection (b-3).

(4) For one year upon a first conviction of paragraph

(3) of subsection (b) or subsection (b-5) of Section 6-507

of this Code.

(5) For 3 years upon a second conviction of paragraph

(3) of subsection (b) or subsection (b-5) or any

combination of paragraphs (2) or (3) of subsection (b) or

subsections (b-3) or (b-5) of Section 6-507 of this Code

within a 10-year period if the second conviction is a

violation of paragraph (3) of subsection (b) or (b-5).

(6) For 5 years upon a third or subsequent conviction

of paragraph (3) of subsection (b) or subsection (b-5) or

any combination of paragraphs (2) or (3) of subsection (b)

or subsections (b-3) or (b-5) of Section 6-507 of this

Code within a 10-year period if the third or subsequent

conviction is a violation of paragraph (3) of subsection

(b) or (b-5).

(j) Disqualification for railroad-highway grade crossing

violation.

(1) General rule. A driver who is convicted of a

violation of a federal, State, or local law or regulation

pertaining to one of the following 6 offenses at a

railroad-highway grade crossing must be disqualified from

operating a commercial motor vehicle for the period of

time specified in paragraph (2) of this subsection (j) if

the offense was committed while operating a commercial

motor vehicle:

(i) For drivers who are not required to always

stop, failing to slow down and check that the tracks

are clear of an approaching train or railroad track

equipment, as described in subsection (a-5) of Section

11-1201 of this Code;

(ii) For drivers who are not required to always

stop, failing to stop before reaching the crossing, if

the tracks are not clear, as described in subsection

(a) of Section 11-1201 of this Code;

(iii) For drivers who are always required to stop,

failing to stop before driving onto the crossing, as

described in Section 11-1202 of this Code;

(iv) For all drivers, failing to have sufficient

space to drive completely through the crossing without

stopping, as described in subsection (b) of Section

11-1425 of this Code;

(v) For all drivers, failing to obey a traffic

control device or the directions of an enforcement

official at the crossing, as described in subdivision

(a)2 of Section 11-1201 of this Code;

(vi) For all drivers, failing to negotiate a

crossing because of insufficient undercarriage

clearance, as described in subsection (d-1) of Section

11-1201 of this Code.

(2) Duration of disqualification for railroad-highway

grade crossing violation.

(i) First violation. A driver must be disqualified

from operating a commercial motor vehicle for not less

than 60 days if the driver is convicted of a violation

described in paragraph (1) of this subsection (j) and,

in the three-year period preceding the conviction, the

driver had no convictions for a violation described in

paragraph (1) of this subsection (j).

(ii) Second violation. A driver must be

disqualified from operating a commercial motor vehicle

for not less than 120 days if the driver is convicted

of a violation described in paragraph (1) of this

subsection (j) and, in the three-year period preceding

the conviction, the driver had one other conviction

for a violation described in paragraph (1) of this

subsection (j) that was committed in a separate

incident.

(iii) Third or subsequent violation. A driver must

be disqualified from operating a commercial motor

vehicle for not less than one year if the driver is

convicted of a violation described in paragraph (1) of

this subsection (j) and, in the three-year period

preceding the conviction, the driver had 2 or more

other convictions for violations described in

paragraph (1) of this subsection (j) that were

committed in separate incidents.

(k) Upon notification of a disqualification of a driver's

commercial motor vehicle privileges imposed by the U.S.

Department of Transportation, Federal Motor Carrier Safety

Administration, in accordance with 49 CFR 383.52, the

Secretary of State shall immediately record to the driving

record the notice of disqualification and confirm to the

driver the action that has been taken.

(l) A foreign commercial driver is subject to

disqualification under this Section.

(m) A person shall be disqualified from operating a

commercial motor vehicle for life if that individual uses a

commercial motor vehicle in the commission of a felony

involving an act or practice of severe forms of human

trafficking, as defined in 22 U.S.C. 7102(11).

(Source: P.A. 102-749, eff. 1-1-23.)

(Text of Section after amendment by P.A. 102-982)

Sec. 6-514. Commercial driver's license (CDL); commercial

learner's permit (CLP); disqualifications.

(a) A person shall be disqualified from driving a

commercial motor vehicle for a period of not less than 12

months for the first violation of:

(1) Refusing to submit to or failure to complete a

test or tests to determine the driver's blood

concentration of alcohol, other drug, or both while

driving a commercial motor vehicle or, if the driver is a

CLP or CDL holder, while driving a non-CMV; or

(2) Operating a commercial motor vehicle while the

alcohol concentration of the person's blood, breath, other

bodily substance, or urine is at least 0.04, or any amount

of a drug, substance, or compound in the person's blood,

other bodily substance, or urine resulting from the

unlawful use or consumption of cannabis listed in the

Cannabis Control Act, a controlled substance listed in the

Illinois Controlled Substances Act, or methamphetamine as

listed in the Methamphetamine Control and Community

Protection Act as indicated by a police officer's sworn

report or other verified evidence; or operating a

non-commercial motor vehicle while the alcohol

concentration of the person's blood, breath, other bodily

substance, or urine was above the legal limit defined in

Section 11-501.1 or 11-501.8 or any amount of a drug,

substance, or compound in the person's blood, other bodily

substance, or urine resulting from the unlawful use or

consumption of cannabis listed in the Cannabis Control

Act, a controlled substance listed in the Illinois

Controlled Substances Act, or methamphetamine as listed in

the Methamphetamine Control and Community Protection Act

as indicated by a police officer's sworn report or other

verified evidence while holding a CLP or CDL; or

(3) Conviction for a first violation of:

(i) Driving a commercial motor vehicle or, if the

driver is a CLP or CDL holder, driving a non-CMV while

under the influence of alcohol, or any other drug, or

combination of drugs to a degree which renders such

person incapable of safely driving; or

(ii) Knowingly leaving the scene of a crash while

operating a commercial motor vehicle or, if the driver

is a CLP or CDL holder, while driving a non-CMV; or

(iii) Driving a commercial motor vehicle or, if

the driver is a CLP or CDL holder, driving a non-CMV

while committing any felony; or

(iv) Driving a commercial motor vehicle while the

person's driving privileges or driver's license or

permit is revoked, suspended, or cancelled or the

driver is disqualified from operating a commercial

motor vehicle; or

(v) Causing a fatality through the negligent

operation of a commercial motor vehicle, including but

not limited to the crimes of motor vehicle

manslaughter, homicide by a motor vehicle, and

negligent homicide.

As used in this subdivision (a)(3)(v), "motor

vehicle manslaughter" means the offense of involuntary

manslaughter if committed by means of a vehicle;

"homicide by a motor vehicle" means the offense of

first degree murder or second degree murder, if either

offense is committed by means of a vehicle; and

"negligent homicide" means reckless homicide under

Section 9-3 of the Criminal Code of 1961 or the

Criminal Code of 2012 and aggravated driving under the

influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or any combination

thereof under subdivision (d)(1)(F) of Section 11-501

of this Code.

If any of the above violations or refusals occurred

while transporting hazardous material(s) required to be

placarded, the person shall be disqualified for a period

of not less than 3 years; or

(4) (Blank).

(b) A person is disqualified for life for a second

conviction of any of the offenses specified in paragraph (a),

or any combination of those offenses, arising from 2 or more

separate incidents.

(c) A person is disqualified from driving a commercial

motor vehicle for life if the person either (i) uses a

commercial motor vehicle in the commission of any felony

involving the manufacture, distribution, or dispensing of a

controlled substance, or possession with intent to

manufacture, distribute or dispense a controlled substance or

(ii) if the person is a CLP or CDL holder, uses a non-CMV in

the commission of a felony involving any of those activities.

(d) The Secretary of State may, when the United States

Secretary of Transportation so authorizes, issue regulations

in which a disqualification for life under paragraph (b) may

be reduced to a period of not less than 10 years. If a

reinstated driver is subsequently convicted of another

disqualifying offense, as specified in subsection (a) of this

Section, he or she shall be permanently disqualified for life

and shall be ineligible to again apply for a reduction of the

lifetime disqualification.

(e) A person is disqualified from driving a commercial

motor vehicle for a period of not less than 2 months if

convicted of 2 serious traffic violations, committed in a

commercial motor vehicle, non-CMV while holding a CLP or CDL,

or any combination thereof, arising from separate incidents,

occurring within a 3-year period, provided the serious traffic

violation committed in a non-CMV would result in the

suspension or revocation of the CLP or CDL holder's non-CMV

privileges. However, a person will be disqualified from

driving a commercial motor vehicle for a period of not less

than 4 months if convicted of 3 serious traffic violations,

committed in a commercial motor vehicle, non-CMV while holding

a CLP or CDL, or any combination thereof, arising from

separate incidents, occurring within a 3-year period, provided

the serious traffic violation committed in a non-CMV would

result in the suspension or revocation of the CLP or CDL

holder's non-CMV privileges. If all the convictions occurred

in a non-CMV, the disqualification shall be entered only if

the convictions would result in the suspension or revocation

of the CLP or CDL holder's non-CMV privileges.

(e-1) (Blank).

(f) Notwithstanding any other provision of this Code, any

driver disqualified from operating a commercial motor vehicle,

pursuant to this UCDLA, shall not be eligible for restoration

of commercial driving privileges during any such period of

disqualification.

(g) After suspending, revoking, or cancelling a CLP or

CDL, the Secretary of State must update the driver's records

to reflect such action within 10 days. After suspending or

revoking the driving privilege of any person who has been

issued a CLP or CDL from another jurisdiction, the Secretary

shall originate notification to such issuing jurisdiction

within 10 days.

(h) The "disqualifications" referred to in this Section

shall not be imposed upon any commercial motor vehicle driver,

by the Secretary of State, unless the prohibited action(s)

occurred after March 31, 1992.

(i) A person is disqualified from driving a commercial

motor vehicle in accordance with the following:

(1) For 6 months upon a first conviction of paragraph

(2) of subsection (b) or subsection (b-3) of Section 6-507

of this Code.

(2) For 2 years upon a second conviction of paragraph

(2) of subsection (b) or subsection (b-3) or any

combination of paragraphs (2) or (3) of subsection (b) or

subsections (b-3) or (b-5) of Section 6-507 of this Code

within a 10-year period if the second conviction is a

violation of paragraph (2) of subsection (b) or subsection

(b-3).

(3) For 3 years upon a third or subsequent conviction

of paragraph (2) of subsection (b) or subsection (b-3) or

any combination of paragraphs (2) or (3) of subsection (b)

or subsections (b-3) or (b-5) of Section 6-507 of this

Code within a 10-year period if the third or subsequent

conviction is a violation of paragraph (2) of subsection

(b) or subsection (b-3).

(4) For one year upon a first conviction of paragraph

(3) of subsection (b) or subsection (b-5) of Section 6-507

of this Code.

(5) For 3 years upon a second conviction of paragraph

(3) of subsection (b) or subsection (b-5) or any

combination of paragraphs (2) or (3) of subsection (b) or

subsections (b-3) or (b-5) of Section 6-507 of this Code

within a 10-year period if the second conviction is a

violation of paragraph (3) of subsection (b) or (b-5).

(6) For 5 years upon a third or subsequent conviction

of paragraph (3) of subsection (b) or subsection (b-5) or

any combination of paragraphs (2) or (3) of subsection (b)

or subsections (b-3) or (b-5) of Section 6-507 of this

Code within a 10-year period if the third or subsequent

conviction is a violation of paragraph (3) of subsection

(b) or (b-5).

(j) Disqualification for railroad-highway grade crossing

violation.

(1) General rule. A driver who is convicted of a

violation of a federal, State, or local law or regulation

pertaining to one of the following 6 offenses at a

railroad-highway grade crossing must be disqualified from

operating a commercial motor vehicle for the period of

time specified in paragraph (2) of this subsection (j) if

the offense was committed while operating a commercial

motor vehicle:

(i) For drivers who are not required to always

stop, failing to slow down and check that the tracks

are clear of an approaching train or railroad track

equipment, as described in subsection (a-5) of Section

11-1201 of this Code;

(ii) For drivers who are not required to always

stop, failing to stop before reaching the crossing, if

the tracks are not clear, as described in subsection

(a) of Section 11-1201 of this Code;

(iii) For drivers who are always required to stop,

failing to stop before driving onto the crossing, as

described in Section 11-1202 of this Code;

(iv) For all drivers, failing to have sufficient

space to drive completely through the crossing without

stopping, as described in subsection (b) of Section

11-1425 of this Code;

(v) For all drivers, failing to obey a traffic

control device or the directions of an enforcement

official at the crossing, as described in subdivision

(a)2 of Section 11-1201 of this Code;

(vi) For all drivers, failing to negotiate a

crossing because of insufficient undercarriage

clearance, as described in subsection (d-1) of Section

11-1201 of this Code.

(2) Duration of disqualification for railroad-highway

grade crossing violation.

(i) First violation. A driver must be disqualified

from operating a commercial motor vehicle for not less

than 60 days if the driver is convicted of a violation

described in paragraph (1) of this subsection (j) and,

in the three-year period preceding the conviction, the

driver had no convictions for a violation described in

paragraph (1) of this subsection (j).

(ii) Second violation. A driver must be

disqualified from operating a commercial motor vehicle

for not less than 120 days if the driver is convicted

of a violation described in paragraph (1) of this

subsection (j) and, in the three-year period preceding

the conviction, the driver had one other conviction

for a violation described in paragraph (1) of this

subsection (j) that was committed in a separate

incident.

(iii) Third or subsequent violation. A driver must

be disqualified from operating a commercial motor

vehicle for not less than one year if the driver is

convicted of a violation described in paragraph (1) of

this subsection (j) and, in the three-year period

preceding the conviction, the driver had 2 or more

other convictions for violations described in

paragraph (1) of this subsection (j) that were

committed in separate incidents.

(k) Upon notification of a disqualification of a driver's

commercial motor vehicle privileges imposed by the U.S.

Department of Transportation, Federal Motor Carrier Safety

Administration, in accordance with 49 CFR 383.52, the

Secretary of State shall immediately record to the driving

record the notice of disqualification and confirm to the

driver the action that has been taken.

(l) A foreign commercial driver is subject to

disqualification under this Section.

(m) A person shall be disqualified from operating a

commercial motor vehicle for life if that individual uses a

commercial motor vehicle in the commission of a felony

involving an act or practice of severe forms of human

trafficking, as defined in 22 U.S.C. 7102(11).

(Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23;

revised 12-14-22.)

(625 ILCS 5/7-328) (from Ch. 95 1/2, par. 7-328)

(Text of Section before amendment by P.A. 102-982)

Sec. 7-328. Duration of proof; when proof - When proof may

be canceled or returned. The Secretary of State shall upon

request cancel any bond or return any certificate of

insurance, or the Secretary of State shall direct and the

State Treasurer shall return to the person entitled thereto

any money or securities, deposited pursuant to this Chapter as

proof of financial responsibility or waive the requirements of

filing proof of financial responsibility in any of the

following events:

1. In the event of the death of the person on whose

behalf such proof was filed, or the permanent incapacity

of such person to operate a motor vehicle. ;

2. In the event the person who has given proof of

financial responsibility surrenders such person's driver's

license, registration certificates, license plates, and

registration stickers, but the Secretary of State shall

not release such proof in the event any action for damages

upon a liability referred to in this Article is then

pending or any judgment upon any such liability is then

outstanding and unsatisfied or in the event the Secretary

of State has received notice that such person has, within

the period of 3 months immediately preceding, been

involved as a driver in any motor vehicle accident. An

affidavit of the applicant of the nonexistence of such

facts shall be sufficient evidence thereof in the absence

of evidence to the contrary in the records of the

Secretary of State. Any person who has not completed the

required 3-year 3 year period of proof of financial

responsibility pursuant to Section 7-304, and to whom

proof has been surrendered as provided in this paragraph

applies for a driver's license or the registration of a

motor vehicle shall have the application denied unless the

applicant reestablishes re-establishes such proof for the

remainder of such period.

3. In the event that proof of financial responsibility

has been deposited voluntarily, at any time upon request

of the person entitled thereto, provided that the person

on whose behalf such proof was given has not, during the

period between the date of the original deposit thereof

and the date of such request, been convicted of any

offense for which revocation is mandatory as provided in

Section 6-205; provided, further, that no action for

damages is pending against such person on whose behalf

such proof of financial responsibility was furnished and

no judgment against such person is outstanding and

unsatisfied in respect to bodily injury, or in respect to

damage to property resulting from the ownership,

maintenance, use, or operation hereafter of a motor

vehicle. An affidavit of the applicant under this Section

shall be sufficient evidence of the facts in the absence

of evidence to the contrary in the records of the

Secretary of State.

(Source: P.A. 85-321; revised 8-19-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 7-328. Duration of proof; when proof - When proof may

be canceled or returned. The Secretary of State shall upon

request cancel any bond or return any certificate of

insurance, or the Secretary of State shall direct and the

State Treasurer shall return to the person entitled thereto

any money or securities, deposited pursuant to this Chapter as

proof of financial responsibility or waive the requirements of

filing proof of financial responsibility in any of the

following events:

1. In the event of the death of the person on whose

behalf such proof was filed, or the permanent incapacity

of such person to operate a motor vehicle. ;

2. In the event the person who has given proof of

financial responsibility surrenders such person's driver's

license, registration certificates, license plates and

registration stickers, but the Secretary of State shall

not release such proof in the event any action for damages

upon a liability referred to in this Article is then

pending or any judgment upon any such liability is then

outstanding and unsatisfied or in the event the Secretary

of State has received notice that such person has, within

the period of 3 months immediately preceding, been

involved as a driver in any motor vehicle crash. An

affidavit of the applicant of the nonexistence of such

facts shall be sufficient evidence thereof in the absence

of evidence to the contrary in the records of the

Secretary of State. Any person who has not completed the

required 3-year 3 year period of proof of financial

responsibility pursuant to Section 7-304, and to whom

proof has been surrendered as provided in this paragraph

applies for a driver's license or the registration of a

motor vehicle shall have the application denied unless the

applicant reestablishes re-establishes such proof for the

remainder of such period.

3. In the event that proof of financial responsibility

has been deposited voluntarily, at any time upon request

of the person entitled thereto, provided that the person

on whose behalf such proof was given has not, during the

period between the date of the original deposit thereof

and the date of such request, been convicted of any

offense for which revocation is mandatory as provided in

Section 6-205; provided, further, that no action for

damages is pending against such person on whose behalf

such proof of financial responsibility was furnished and

no judgment against such person is outstanding and

unsatisfied in respect to bodily injury, or in respect to

damage to property resulting from the ownership,

maintenance, use, or operation hereafter of a motor

vehicle. An affidavit of the applicant under this Section

shall be sufficient evidence of the facts in the absence

of evidence to the contrary in the records of the

Secretary of State.

(Source: P.A. 102-982, eff. 7-1-23; revised 8-19-22.)

(625 ILCS 5/7-329) (from Ch. 95 1/2, par. 7-329)

(Text of Section before amendment by P.A. 102-982)

Sec. 7-329. Proof of financial responsibility made

voluntarily.

1. Proof of financial responsibility may be made

voluntarily by or on behalf of any person. The privilege of

operation of any motor vehicle within this State by such

person shall not be suspended or withdrawn under the

provisions of this Article if such proof of financial

responsibility has been voluntarily filed or deposited prior

to the offense or accident out of which any conviction,

judgment, or order arises and if such proof, at the date of

such conviction, judgment, or order, is valid and sufficient

for the requirements of this Code.

2. If the Secretary of State receives record of any

conviction or judgment against such person which, in the

absence of such proof of financial responsibility would have

caused the suspension of the driver's license of such person,

the Secretary of State shall forthwith notify the insurer or

surety of such person of the conviction or judgment so

reported.

(Source: P.A. 83-831; revised 8-19-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 7-329. Proof of financial responsibility made

voluntarily.

1. Proof of financial responsibility may be made

voluntarily by or on behalf of any person. The privilege of

operation of any motor vehicle within this State by such

person shall not be suspended or withdrawn under the

provisions of this Article if such proof of financial

responsibility has been voluntarily filed or deposited prior

to the offense or crash out of which any conviction, judgment,

or order arises and if such proof, at the date of such

conviction, judgment, or order, is valid and sufficient for

the requirements of this Code.

2. If the Secretary of State receives record of any

conviction or judgment against such person which, in the

absence of such proof of financial responsibility would have

caused the suspension of the driver's license of such person,

the Secretary of State shall forthwith notify the insurer or

surety of such person of the conviction or judgment so

reported.

(Source: P.A. 102-982, eff. 7-1-23; revised 8-19-22.)

(625 ILCS 5/11-208.6)

(Text of Section before amendment by P.A. 102-982)

Sec. 11-208.6. Automated traffic law enforcement system.

(a) As used in this Section, "automated traffic law

enforcement system" means a device with one or more motor

vehicle sensors working in conjunction with a red light signal

to produce recorded images of motor vehicles entering an

intersection against a red signal indication in violation of

Section 11-306 of this Code or a similar provision of a local

ordinance.

An automated traffic law enforcement system is a system,

in a municipality or county operated by a governmental agency,

that produces a recorded image of a motor vehicle's violation

of a provision of this Code or a local ordinance and is

designed to obtain a clear recorded image of the vehicle and

the vehicle's license plate. The recorded image must also

display the time, date, and location of the violation.

(b) As used in this Section, "recorded images" means

images recorded by an automated traffic law enforcement system

on:

(1) 2 or more photographs;

(2) 2 or more microphotographs;

(3) 2 or more electronic images; or

(4) a video recording showing the motor vehicle and,

on at least one image or portion of the recording, clearly

identifying the registration plate or digital registration

plate number of the motor vehicle.

(b-5) A municipality or county that produces a recorded

image of a motor vehicle's violation of a provision of this

Code or a local ordinance must make the recorded images of a

violation accessible to the alleged violator by providing the

alleged violator with a website address, accessible through

the Internet.

(c) Except as provided under Section 11-208.8 of this

Code, a county or municipality, including a home rule county

or municipality, may not use an automated traffic law

enforcement system to provide recorded images of a motor

vehicle for the purpose of recording its speed. Except as

provided under Section 11-208.8 of this Code, the regulation

of the use of automated traffic law enforcement systems to

record vehicle speeds is an exclusive power and function of

the State. This subsection (c) is a denial and limitation of

home rule powers and functions under subsection (h) of Section

6 of Article VII of the Illinois Constitution.

(c-5) A county or municipality, including a home rule

county or municipality, may not use an automated traffic law

enforcement system to issue violations in instances where the

motor vehicle comes to a complete stop and does not enter the

intersection, as defined by Section 1-132 of this Code, during

the cycle of the red signal indication unless one or more

pedestrians or bicyclists are present, even if the motor

vehicle stops at a point past a stop line or crosswalk where a

driver is required to stop, as specified in subsection (c) of

Section 11-306 of this Code or a similar provision of a local

ordinance.

(c-6) A county, or a municipality with less than 2,000,000

inhabitants, including a home rule county or municipality, may

not use an automated traffic law enforcement system to issue

violations in instances where a motorcyclist enters an

intersection against a red signal indication when the red

signal fails to change to a green signal within a reasonable

period of time not less than 120 seconds because of a signal

malfunction or because the signal has failed to detect the

arrival of the motorcycle due to the motorcycle's size or

weight.

(d) For each violation of a provision of this Code or a

local ordinance recorded by an automatic traffic law

enforcement system, the county or municipality having

jurisdiction shall issue a written notice of the violation to

the registered owner of the vehicle as the alleged violator.

The notice shall be delivered to the registered owner of the

vehicle, by mail, within 30 days after the Secretary of State

notifies the municipality or county of the identity of the

owner of the vehicle, but in no event later than 90 days after

the violation.

The notice shall include:

(1) the name and address of the registered owner of

the vehicle;

(2) the registration number of the motor vehicle

involved in the violation;

(3) the violation charged;

(4) the location where the violation occurred;

(5) the date and time of the violation;

(6) a copy of the recorded images;

(7) the amount of the civil penalty imposed and the

requirements of any traffic education program imposed and

the date by which the civil penalty should be paid and the

traffic education program should be completed;

(8) a statement that recorded images are evidence of a

violation of a red light signal;

(9) a warning that failure to pay the civil penalty,

to complete a required traffic education program, or to

contest liability in a timely manner is an admission of

liability;

(10) a statement that the person may elect to proceed

by:

(A) paying the fine, completing a required traffic

education program, or both; or

(B) challenging the charge in court, by mail, or

by administrative hearing; and

(11) a website address, accessible through the

Internet, where the person may view the recorded images of

the violation.

(e) (Blank).

(f) Based on inspection of recorded images produced by an

automated traffic law enforcement system, a notice alleging

that the violation occurred shall be evidence of the facts

contained in the notice and admissible in any proceeding

alleging a violation under this Section.

(g) Recorded images made by an automatic traffic law

enforcement system are confidential and shall be made

available only to the alleged violator and governmental and

law enforcement agencies for purposes of adjudicating a

violation of this Section, for statistical purposes, or for

other governmental purposes. Any recorded image evidencing a

violation of this Section, however, may be admissible in any

proceeding resulting from the issuance of the citation.

(h) The court or hearing officer may consider in defense

of a violation:

(1) that the motor vehicle or registration plates or

digital registration plates of the motor vehicle were

stolen before the violation occurred and not under the

control of or in the possession of the owner or lessee at

the time of the violation;

(1.5) that the motor vehicle was hijacked before the

violation occurred and not under the control of or in the

possession of the owner or lessee at the time of the

violation;

(2) that the driver of the vehicle passed through the

intersection when the light was red either (i) in order to

yield the right-of-way to an emergency vehicle or (ii) as

part of a funeral procession; and

(3) any other evidence or issues provided by municipal

or county ordinance.

(i) To demonstrate that the motor vehicle was hijacked or

the motor vehicle or registration plates or digital

registration plates were stolen before the violation occurred

and were not under the control or possession of the owner or

lessee at the time of the violation, the owner or lessee must

submit proof that a report concerning the motor vehicle or

registration plates was filed with a law enforcement agency in

a timely manner.

(j) Unless the driver of the motor vehicle received a

Uniform Traffic Citation from a police officer at the time of

the violation, the motor vehicle owner is subject to a civil

penalty not exceeding $100 or the completion of a traffic

education program, or both, plus an additional penalty of not

more than $100 for failure to pay the original penalty or to

complete a required traffic education program, or both, in a

timely manner, if the motor vehicle is recorded by an

automated traffic law enforcement system. A violation for

which a civil penalty is imposed under this Section is not a

violation of a traffic regulation governing the movement of

vehicles and may not be recorded on the driving record of the

owner of the vehicle.

(j-3) A registered owner who is a holder of a valid

commercial driver's license is not required to complete a

traffic education program.

(j-5) For purposes of the required traffic education

program only, a registered owner may submit an affidavit to

the court or hearing officer swearing that at the time of the

alleged violation, the vehicle was in the custody and control

of another person. The affidavit must identify the person in

custody and control of the vehicle, including the person's

name and current address. The person in custody and control of

the vehicle at the time of the violation is required to

complete the required traffic education program. If the person

in custody and control of the vehicle at the time of the

violation completes the required traffic education program,

the registered owner of the vehicle is not required to

complete a traffic education program.

(k) An intersection equipped with an automated traffic law

enforcement system must be posted with a sign visible to

approaching traffic indicating that the intersection is being

monitored by an automated traffic law enforcement system.

(k-3) A municipality or county that has one or more

intersections equipped with an automated traffic law

enforcement system must provide notice to drivers by posting

the locations of automated traffic law systems on the

municipality or county website.

(k-5) An intersection equipped with an automated traffic

law enforcement system must have a yellow change interval that

conforms with the Illinois Manual on Uniform Traffic Control

Devices (IMUTCD) published by the Illinois Department of

Transportation.

(k-7) A municipality or county operating an automated

traffic law enforcement system shall conduct a statistical

analysis to assess the safety impact of each automated traffic

law enforcement system at an intersection following

installation of the system. The statistical analysis shall be

based upon the best available crash, traffic, and other data,

and shall cover a period of time before and after installation

of the system sufficient to provide a statistically valid

comparison of safety impact. The statistical analysis shall be

consistent with professional judgment and acceptable industry

practice. The statistical analysis also shall be consistent

with the data required for valid comparisons of before and

after conditions and shall be conducted within a reasonable

period following the installation of the automated traffic law

enforcement system. The statistical analysis required by this

subsection (k-7) shall be made available to the public and

shall be published on the website of the municipality or

county. If the statistical analysis for the 36-month 36 month

period following installation of the system indicates that

there has been an increase in the rate of accidents at the

approach to the intersection monitored by the system, the

municipality or county shall undertake additional studies to

determine the cause and severity of the accidents, and may

take any action that it determines is necessary or appropriate

to reduce the number or severity of the accidents at that

intersection.

(l) The compensation paid for an automated traffic law

enforcement system must be based on the value of the equipment

or the services provided and may not be based on the number of

traffic citations issued or the revenue generated by the

system.

(m) This Section applies only to the counties of Cook,

DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and

to municipalities located within those counties.

(n) The fee for participating in a traffic education

program under this Section shall not exceed $25.

A low-income individual required to complete a traffic

education program under this Section who provides proof of

eligibility for the federal earned income tax credit under

Section 32 of the Internal Revenue Code or the Illinois earned

income tax credit under Section 212 of the Illinois Income Tax

Act shall not be required to pay any fee for participating in a

required traffic education program.

(o) (Blank).

(p) No person who is the lessor of a motor vehicle pursuant

to a written lease agreement shall be liable for an automated

speed or traffic law enforcement system violation involving

such motor vehicle during the period of the lease; provided

that upon the request of the appropriate authority received

within 120 days after the violation occurred, the lessor

provides within 60 days after such receipt the name and

address of the lessee.

Upon the provision of information by the lessor pursuant

to this subsection, the county or municipality may issue the

violation to the lessee of the vehicle in the same manner as it

would issue a violation to a registered owner of a vehicle

pursuant to this Section, and the lessee may be held liable for

the violation.

(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;

102-905, eff. 1-1-23; revised 12-14-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 11-208.6. Automated traffic law enforcement system.

(a) As used in this Section, "automated traffic law

enforcement system" means a device with one or more motor

vehicle sensors working in conjunction with a red light signal

to produce recorded images of motor vehicles entering an

intersection against a red signal indication in violation of

Section 11-306 of this Code or a similar provision of a local

ordinance.

An automated traffic law enforcement system is a system,

in a municipality or county operated by a governmental agency,

that produces a recorded image of a motor vehicle's violation

of a provision of this Code or a local ordinance and is

designed to obtain a clear recorded image of the vehicle and

the vehicle's license plate. The recorded image must also

display the time, date, and location of the violation.

(b) As used in this Section, "recorded images" means

images recorded by an automated traffic law enforcement system

on:

(1) 2 or more photographs;

(2) 2 or more microphotographs;

(3) 2 or more electronic images; or

(4) a video recording showing the motor vehicle and,

on at least one image or portion of the recording, clearly

identifying the registration plate or digital registration

plate number of the motor vehicle.

(b-5) A municipality or county that produces a recorded

image of a motor vehicle's violation of a provision of this

Code or a local ordinance must make the recorded images of a

violation accessible to the alleged violator by providing the

alleged violator with a website address, accessible through

the Internet.

(c) Except as provided under Section 11-208.8 of this

Code, a county or municipality, including a home rule county

or municipality, may not use an automated traffic law

enforcement system to provide recorded images of a motor

vehicle for the purpose of recording its speed. Except as

provided under Section 11-208.8 of this Code, the regulation

of the use of automated traffic law enforcement systems to

record vehicle speeds is an exclusive power and function of

the State. This subsection (c) is a denial and limitation of

home rule powers and functions under subsection (h) of Section

6 of Article VII of the Illinois Constitution.

(c-5) A county or municipality, including a home rule

county or municipality, may not use an automated traffic law

enforcement system to issue violations in instances where the

motor vehicle comes to a complete stop and does not enter the

intersection, as defined by Section 1-132 of this Code, during

the cycle of the red signal indication unless one or more

pedestrians or bicyclists are present, even if the motor

vehicle stops at a point past a stop line or crosswalk where a

driver is required to stop, as specified in subsection (c) of

Section 11-306 of this Code or a similar provision of a local

ordinance.

(c-6) A county, or a municipality with less than 2,000,000

inhabitants, including a home rule county or municipality, may

not use an automated traffic law enforcement system to issue

violations in instances where a motorcyclist enters an

intersection against a red signal indication when the red

signal fails to change to a green signal within a reasonable

period of time not less than 120 seconds because of a signal

malfunction or because the signal has failed to detect the

arrival of the motorcycle due to the motorcycle's size or

weight.

(d) For each violation of a provision of this Code or a

local ordinance recorded by an automatic traffic law

enforcement system, the county or municipality having

jurisdiction shall issue a written notice of the violation to

the registered owner of the vehicle as the alleged violator.

The notice shall be delivered to the registered owner of the

vehicle, by mail, within 30 days after the Secretary of State

notifies the municipality or county of the identity of the

owner of the vehicle, but in no event later than 90 days after

the violation.

The notice shall include:

(1) the name and address of the registered owner of

the vehicle;

(2) the registration number of the motor vehicle

involved in the violation;

(3) the violation charged;

(4) the location where the violation occurred;

(5) the date and time of the violation;

(6) a copy of the recorded images;

(7) the amount of the civil penalty imposed and the

requirements of any traffic education program imposed and

the date by which the civil penalty should be paid and the

traffic education program should be completed;

(8) a statement that recorded images are evidence of a

violation of a red light signal;

(9) a warning that failure to pay the civil penalty,

to complete a required traffic education program, or to

contest liability in a timely manner is an admission of

liability;

(10) a statement that the person may elect to proceed

by:

(A) paying the fine, completing a required traffic

education program, or both; or

(B) challenging the charge in court, by mail, or

by administrative hearing; and

(11) a website address, accessible through the

Internet, where the person may view the recorded images of

the violation.

(e) (Blank).

(f) Based on inspection of recorded images produced by an

automated traffic law enforcement system, a notice alleging

that the violation occurred shall be evidence of the facts

contained in the notice and admissible in any proceeding

alleging a violation under this Section.

(g) Recorded images made by an automatic traffic law

enforcement system are confidential and shall be made

available only to the alleged violator and governmental and

law enforcement agencies for purposes of adjudicating a

violation of this Section, for statistical purposes, or for

other governmental purposes. Any recorded image evidencing a

violation of this Section, however, may be admissible in any

proceeding resulting from the issuance of the citation.

(h) The court or hearing officer may consider in defense

of a violation:

(1) that the motor vehicle or registration plates or

digital registration plates of the motor vehicle were

stolen before the violation occurred and not under the

control of or in the possession of the owner or lessee at

the time of the violation;

(1.5) that the motor vehicle was hijacked before the

violation occurred and not under the control of or in the

possession of the owner or lessee at the time of the

violation;

(2) that the driver of the vehicle passed through the

intersection when the light was red either (i) in order to

yield the right-of-way to an emergency vehicle or (ii) as

part of a funeral procession; and

(3) any other evidence or issues provided by municipal

or county ordinance.

(i) To demonstrate that the motor vehicle was hijacked or

the motor vehicle or registration plates or digital

registration plates were stolen before the violation occurred

and were not under the control or possession of the owner or

lessee at the time of the violation, the owner or lessee must

submit proof that a report concerning the motor vehicle or

registration plates was filed with a law enforcement agency in

a timely manner.

(j) Unless the driver of the motor vehicle received a

Uniform Traffic Citation from a police officer at the time of

the violation, the motor vehicle owner is subject to a civil

penalty not exceeding $100 or the completion of a traffic

education program, or both, plus an additional penalty of not

more than $100 for failure to pay the original penalty or to

complete a required traffic education program, or both, in a

timely manner, if the motor vehicle is recorded by an

automated traffic law enforcement system. A violation for

which a civil penalty is imposed under this Section is not a

violation of a traffic regulation governing the movement of

vehicles and may not be recorded on the driving record of the

owner of the vehicle.

(j-3) A registered owner who is a holder of a valid

commercial driver's license is not required to complete a

traffic education program.

(j-5) For purposes of the required traffic education

program only, a registered owner may submit an affidavit to

the court or hearing officer swearing that at the time of the

alleged violation, the vehicle was in the custody and control

of another person. The affidavit must identify the person in

custody and control of the vehicle, including the person's

name and current address. The person in custody and control of

the vehicle at the time of the violation is required to

complete the required traffic education program. If the person

in custody and control of the vehicle at the time of the

violation completes the required traffic education program,

the registered owner of the vehicle is not required to

complete a traffic education program.

(k) An intersection equipped with an automated traffic law

enforcement system must be posted with a sign visible to

approaching traffic indicating that the intersection is being

monitored by an automated traffic law enforcement system.

(k-3) A municipality or county that has one or more

intersections equipped with an automated traffic law

enforcement system must provide notice to drivers by posting

the locations of automated traffic law systems on the

municipality or county website.

(k-5) An intersection equipped with an automated traffic

law enforcement system must have a yellow change interval that

conforms with the Illinois Manual on Uniform Traffic Control

Devices (IMUTCD) published by the Illinois Department of

Transportation.

(k-7) A municipality or county operating an automated

traffic law enforcement system shall conduct a statistical

analysis to assess the safety impact of each automated traffic

law enforcement system at an intersection following

installation of the system. The statistical analysis shall be

based upon the best available crash, traffic, and other data,

and shall cover a period of time before and after installation

of the system sufficient to provide a statistically valid

comparison of safety impact. The statistical analysis shall be

consistent with professional judgment and acceptable industry

practice. The statistical analysis also shall be consistent

with the data required for valid comparisons of before and

after conditions and shall be conducted within a reasonable

period following the installation of the automated traffic law

enforcement system. The statistical analysis required by this

subsection (k-7) shall be made available to the public and

shall be published on the website of the municipality or

county. If the statistical analysis for the 36-month 36 month

period following installation of the system indicates that

there has been an increase in the rate of crashes at the

approach to the intersection monitored by the system, the

municipality or county shall undertake additional studies to

determine the cause and severity of the crashes, and may take

any action that it determines is necessary or appropriate to

reduce the number or severity of the crashes at that

intersection.

(l) The compensation paid for an automated traffic law

enforcement system must be based on the value of the equipment

or the services provided and may not be based on the number of

traffic citations issued or the revenue generated by the

system.

(m) This Section applies only to the counties of Cook,

DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and

to municipalities located within those counties.

(n) The fee for participating in a traffic education

program under this Section shall not exceed $25.

A low-income individual required to complete a traffic

education program under this Section who provides proof of

eligibility for the federal earned income tax credit under

Section 32 of the Internal Revenue Code or the Illinois earned

income tax credit under Section 212 of the Illinois Income Tax

Act shall not be required to pay any fee for participating in a

required traffic education program.

(o) (Blank).

(p) No person who is the lessor of a motor vehicle pursuant

to a written lease agreement shall be liable for an automated

speed or traffic law enforcement system violation involving

such motor vehicle during the period of the lease; provided

that upon the request of the appropriate authority received

within 120 days after the violation occurred, the lessor

provides within 60 days after such receipt the name and

address of the lessee.

Upon the provision of information by the lessor pursuant

to this subsection, the county or municipality may issue the

violation to the lessee of the vehicle in the same manner as it

would issue a violation to a registered owner of a vehicle

pursuant to this Section, and the lessee may be held liable for

the violation.

(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;

102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)

(625 ILCS 5/11-208.9)

(Text of Section before amendment by P.A. 102-982)

Sec. 11-208.9. Automated traffic law enforcement system;

approaching, overtaking, and passing a school bus.

(a) As used in this Section, "automated traffic law

enforcement system" means a device with one or more motor

vehicle sensors working in conjunction with the visual signals

on a school bus, as specified in Sections 12-803 and 12-805 of

this Code, to produce recorded images of motor vehicles that

fail to stop before meeting or overtaking, from either

direction, any school bus stopped at any location for the

purpose of receiving or discharging pupils in violation of

Section 11-1414 of this Code or a similar provision of a local

ordinance.

An automated traffic law enforcement system is a system,

in a municipality or county operated by a governmental agency,

that produces a recorded image of a motor vehicle's violation

of a provision of this Code or a local ordinance and is

designed to obtain a clear recorded image of the vehicle and

the vehicle's license plate. The recorded image must also

display the time, date, and location of the violation.

(b) As used in this Section, "recorded images" means

images recorded by an automated traffic law enforcement system

on:

(1) 2 or more photographs;

(2) 2 or more microphotographs;

(3) 2 or more electronic images; or

(4) a video recording showing the motor vehicle and,

on at least one image or portion of the recording, clearly

identifying the registration plate or digital registration

plate number of the motor vehicle.

(c) A municipality or county that produces a recorded

image of a motor vehicle's violation of a provision of this

Code or a local ordinance must make the recorded images of a

violation accessible to the alleged violator by providing the

alleged violator with a website address, accessible through

the Internet.

(d) For each violation of a provision of this Code or a

local ordinance recorded by an automated traffic law

enforcement system, the county or municipality having

jurisdiction shall issue a written notice of the violation to

the registered owner of the vehicle as the alleged violator.

The notice shall be delivered to the registered owner of the

vehicle, by mail, within 30 days after the Secretary of State

notifies the municipality or county of the identity of the

owner of the vehicle, but in no event later than 90 days after

the violation.

(e) The notice required under subsection (d) shall

include:

(1) the name and address of the registered owner of

the vehicle;

(2) the registration number of the motor vehicle

involved in the violation;

(3) the violation charged;

(4) the location where the violation occurred;

(5) the date and time of the violation;

(6) a copy of the recorded images;

(7) the amount of the civil penalty imposed and the

date by which the civil penalty should be paid;

(8) a statement that recorded images are evidence of a

violation of overtaking or passing a school bus stopped

for the purpose of receiving or discharging pupils;

(9) a warning that failure to pay the civil penalty or

to contest liability in a timely manner is an admission of

liability;

(10) a statement that the person may elect to proceed

by:

(A) paying the fine; or

(B) challenging the charge in court, by mail, or

by administrative hearing; and

(11) a website address, accessible through the

Internet, where the person may view the recorded images of

the violation.

(f) (Blank).

(g) Based on inspection of recorded images produced by an

automated traffic law enforcement system, a notice alleging

that the violation occurred shall be evidence of the facts

contained in the notice and admissible in any proceeding

alleging a violation under this Section.

(h) Recorded images made by an automated traffic law

enforcement system are confidential and shall be made

available only to the alleged violator and governmental and

law enforcement agencies for purposes of adjudicating a

violation of this Section, for statistical purposes, or for

other governmental purposes. Any recorded image evidencing a

violation of this Section, however, may be admissible in any

proceeding resulting from the issuance of the citation.

(i) The court or hearing officer may consider in defense

of a violation:

(1) that the motor vehicle or registration plates or

digital registration plates of the motor vehicle were

stolen before the violation occurred and not under the

control of or in the possession of the owner or lessee at

the time of the violation;

(1.5) that the motor vehicle was hijacked before the

violation occurred and not under the control of or in the

possession of the owner or lessee at the time of the

violation;

(2) that the driver of the motor vehicle received a

Uniform Traffic Citation from a police officer for a

violation of Section 11-1414 of this Code within

one-eighth of a mile and 15 minutes of the violation that

was recorded by the system;

(3) that the visual signals required by Sections

12-803 and 12-805 of this Code were damaged, not

activated, not present in violation of Sections 12-803 and

12-805, or inoperable; and

(4) any other evidence or issues provided by municipal

or county ordinance.

(j) To demonstrate that the motor vehicle was hijacked or

the motor vehicle or registration plates or digital

registration plates were stolen before the violation occurred

and were not under the control or possession of the owner or

lessee at the time of the violation, the owner or lessee must

submit proof that a report concerning the motor vehicle or

registration plates was filed with a law enforcement agency in

a timely manner.

(k) Unless the driver of the motor vehicle received a

Uniform Traffic Citation from a police officer at the time of

the violation, the motor vehicle owner is subject to a civil

penalty not exceeding $150 for a first time violation or $500

for a second or subsequent violation, plus an additional

penalty of not more than $100 for failure to pay the original

penalty in a timely manner, if the motor vehicle is recorded by

an automated traffic law enforcement system. A violation for

which a civil penalty is imposed under this Section is not a

violation of a traffic regulation governing the movement of

vehicles and may not be recorded on the driving record of the

owner of the vehicle, but may be recorded by the municipality

or county for the purpose of determining if a person is subject

to the higher fine for a second or subsequent offense.

(l) A school bus equipped with an automated traffic law

enforcement system must be posted with a sign indicating that

the school bus is being monitored by an automated traffic law

enforcement system.

(m) A municipality or county that has one or more school

buses equipped with an automated traffic law enforcement

system must provide notice to drivers by posting a list of

school districts using school buses equipped with an automated

traffic law enforcement system on the municipality or county

website. School districts that have one or more school buses

equipped with an automated traffic law enforcement system must

provide notice to drivers by posting that information on their

websites.

(n) A municipality or county operating an automated

traffic law enforcement system shall conduct a statistical

analysis to assess the safety impact in each school district

using school buses equipped with an automated traffic law

enforcement system following installation of the system. The

statistical analysis shall be based upon the best available

crash, traffic, and other data, and shall cover a period of

time before and after installation of the system sufficient to

provide a statistically valid comparison of safety impact. The

statistical analysis shall be consistent with professional

judgment and acceptable industry practice. The statistical

analysis also shall be consistent with the data required for

valid comparisons of before and after conditions and shall be

conducted within a reasonable period following the

installation of the automated traffic law enforcement system.

The statistical analysis required by this subsection shall be

made available to the public and shall be published on the

website of the municipality or county. If the statistical

analysis for the 36-month period following installation of the

system indicates that there has been an increase in the rate of

accidents at the approach to school buses monitored by the

system, the municipality or county shall undertake additional

studies to determine the cause and severity of the accidents,

and may take any action that it determines is necessary or

appropriate to reduce the number or severity of the accidents

involving school buses equipped with an automated traffic law

enforcement system.

(o) The compensation paid for an automated traffic law

enforcement system must be based on the value of the equipment

or the services provided and may not be based on the number of

traffic citations issued or the revenue generated by the

system.

(p) No person who is the lessor of a motor vehicle pursuant

to a written lease agreement shall be liable for an automated

speed or traffic law enforcement system violation involving

such motor vehicle during the period of the lease; provided

that upon the request of the appropriate authority received

within 120 days after the violation occurred, the lessor

provides within 60 days after such receipt the name and

address of the lessee.

Upon the provision of information by the lessor pursuant

to this subsection, the county or municipality may issue the

violation to the lessee of the vehicle in the same manner as it

would issue a violation to a registered owner of a vehicle

pursuant to this Section, and the lessee may be held liable for

the violation.

(q) (Blank).

(r) After a municipality or county enacts an ordinance

providing for automated traffic law enforcement systems under

this Section, each school district within that municipality or

county's jurisdiction may implement an automated traffic law

enforcement system under this Section. The elected school

board for that district must approve the implementation of an

automated traffic law enforcement system. The school district

shall be responsible for entering into a contract, approved by

the elected school board of that district, with vendors for

the installation, maintenance, and operation of the automated

traffic law enforcement system. The school district must enter

into an intergovernmental agreement, approved by the elected

school board of that district, with the municipality or county

with jurisdiction over that school district for the

administration of the automated traffic law enforcement

system. The proceeds from a school district's automated

traffic law enforcement system's fines shall be divided

equally between the school district and the municipality or

county administering the automated traffic law enforcement

system.

(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;

102-905, eff. 1-1-23.)

(Text of Section after amendment by P.A. 102-982)

Sec. 11-208.9. Automated traffic law enforcement system;

approaching, overtaking, and passing a school bus.

(a) As used in this Section, "automated traffic law

enforcement system" means a device with one or more motor

vehicle sensors working in conjunction with the visual signals

on a school bus, as specified in Sections 12-803 and 12-805 of

this Code, to produce recorded images of motor vehicles that

fail to stop before meeting or overtaking, from either

direction, any school bus stopped at any location for the

purpose of receiving or discharging pupils in violation of

Section 11-1414 of this Code or a similar provision of a local

ordinance.

An automated traffic law enforcement system is a system,

in a municipality or county operated by a governmental agency,

that produces a recorded image of a motor vehicle's violation

of a provision of this Code or a local ordinance and is

designed to obtain a clear recorded image of the vehicle and

the vehicle's license plate. The recorded image must also

display the time, date, and location of the violation.

(b) As used in this Section, "recorded images" means

images recorded by an automated traffic law enforcement system

on:

(1) 2 or more photographs;

(2) 2 or more microphotographs;

(3) 2 or more electronic images; or

(4) a video recording showing the motor vehicle and,

on at least one image or portion of the recording, clearly

identifying the registration plate or digital registration

plate number of the motor vehicle.

(c) A municipality or county that produces a recorded

image of a motor vehicle's violation of a provision of this

Code or a local ordinance must make the recorded images of a

violation accessible to the alleged violator by providing the

alleged violator with a website address, accessible through

the Internet.

(d) For each violation of a provision of this Code or a

local ordinance recorded by an automated traffic law

enforcement system, the county or municipality having

jurisdiction shall issue a written notice of the violation to

the registered owner of the vehicle as the alleged violator.

The notice shall be delivered to the registered owner of the

vehicle, by mail, within 30 days after the Secretary of State

notifies the municipality or county of the identity of the

owner of the vehicle, but in no event later than 90 days after

the violation.

(e) The notice required under subsection (d) shall

include:

(1) the name and address of the registered owner of

the vehicle;

(2) the registration number of the motor vehicle

involved in the violation;

(3) the violation charged;

(4) the location where the violation occurred;

(5) the date and time of the violation;

(6) a copy of the recorded images;

(7) the amount of the civil penalty imposed and the

date by which the civil penalty should be paid;

(8) a statement that recorded images are evidence of a

violation of overtaking or passing a school bus stopped

for the purpose of receiving or discharging pupils;

(9) a warning that failure to pay the civil penalty or

to contest liability in a timely manner is an admission of

liability;

(10) a statement that the person may elect to proceed

by:

(A) paying the fine; or

(B) challenging the charge in court, by mail, or

by administrative hearing; and

(11) a website address, accessible through the

Internet, where the person may view the recorded images of

the violation.

(f) (Blank).

(g) Based on inspection of recorded images produced by an

automated traffic law enforcement system, a notice alleging

that the violation occurred shall be evidence of the facts

contained in the notice and admissible in any proceeding

alleging a violation under this Section.

(h) Recorded images made by an automated traffic law

enforcement system are confidential and shall be made

available only to the alleged violator and governmental and

law enforcement agencies for purposes of adjudicating a

violation of this Section, for statistical purposes, or for

other governmental purposes. Any recorded image evidencing a

violation of this Section, however, may be admissible in any

proceeding resulting from the issuance of the citation.

(i) The court or hearing officer may consider in defense

of a violation:

(1) that the motor vehicle or registration plates or

digital registration plates of the motor vehicle were

stolen before the violation occurred and not under the

control of or in the possession of the owner or lessee at

the time of the violation;

(1.5) that the motor vehicle was hijacked before the

violation occurred and not under the control of or in the

possession of the owner or lessee at the time of the

violation;

(2) that the driver of the motor vehicle received a

Uniform Traffic Citation from a police officer for a

violation of Section 11-1414 of this Code within

one-eighth of a mile and 15 minutes of the violation that

was recorded by the system;

(3) that the visual signals required by Sections

12-803 and 12-805 of this Code were damaged, not

activated, not present in violation of Sections 12-803 and

12-805, or inoperable; and

(4) any other evidence or issues provided by municipal

or county ordinance.

(j) To demonstrate that the motor vehicle was hijacked or

the motor vehicle or registration plates or digital

registration plates were stolen before the violation occurred

and were not under the control or possession of the owner or

lessee at the time of the violation, the owner or lessee must

submit proof that a report concerning the motor vehicle or

registration plates was filed with a law enforcement agency in

a timely manner.

(k) Unless the driver of the motor vehicle received a

Uniform Traffic Citation from a police officer at the time of

the violation, the motor vehicle owner is subject to a civil

penalty not exceeding $150 for a first time violation or $500

for a second or subsequent violation, plus an additional

penalty of not more than $100 for failure to pay the original

penalty in a timely manner, if the motor vehicle is recorded by

an automated traffic law enforcement system. A violation for

which a civil penalty is imposed under this Section is not a

violation of a traffic regulation governing the movement of

vehicles and may not be recorded on the driving record of the

owner of the vehicle, but may be recorded by the municipality

or county for the purpose of determining if a person is subject

to the higher fine for a second or subsequent offense.

(l) A school bus equipped with an automated traffic law

enforcement system must be posted with a sign indicating that

the school bus is being monitored by an automated traffic law

enforcement system.

(m) A municipality or county that has one or more school

buses equipped with an automated traffic law enforcement

system must provide notice to drivers by posting a list of

school districts using school buses equipped with an automated

traffic law enforcement system on the municipality or county

website. School districts that have one or more school buses

equipped with an automated traffic law enforcement system must

provide notice to drivers by posting that information on their

websites.

(n) A municipality or county operating an automated

traffic law enforcement system shall conduct a statistical

analysis to assess the safety impact in each school district

using school buses equipped with an automated traffic law

enforcement system following installation of the system. The

statistical analysis shall be based upon the best available

crash, traffic, and other data, and shall cover a period of

time before and after installation of the system sufficient to

provide a statistically valid comparison of safety impact. The

statistical analysis shall be consistent with professional

judgment and acceptable industry practice. The statistical

analysis also shall be consistent with the data required for

valid comparisons of before and after conditions and shall be

conducted within a reasonable period following the

installation of the automated traffic law enforcement system.

The statistical analysis required by this subsection shall be

made available to the public and shall be published on the

website of the municipality or county. If the statistical

analysis for the 36-month period following installation of the

system indicates that there has been an increase in the rate of

crashes at the approach to school buses monitored by the

system, the municipality or county shall undertake additional

studies to determine the cause and severity of the crashes,

and may take any action that it determines is necessary or

appropriate to reduce the number or severity of the crashes

involving school buses equipped with an automated traffic law

enforcement system.

(o) The compensation paid for an automated traffic law

enforcement system must be based on the value of the equipment

or the services provided and may not be based on the number of

traffic citations issued or the revenue generated by the

system.

(p) No person who is the lessor of a motor vehicle pursuant

to a written lease agreement shall be liable for an automated

speed or traffic law enforcement system violation involving

such motor vehicle during the period of the lease; provided

that upon the request of the appropriate authority received

within 120 days after the violation occurred, the lessor

provides within 60 days after such receipt the name and

address of the lessee.

Upon the provision of information by the lessor pursuant

to this subsection, the county or municipality may issue the

violation to the lessee of the vehicle in the same manner as it

would issue a violation to a registered owner of a vehicle

pursuant to this Section, and the lessee may be held liable for

the violation.

(q) (Blank).

(r) After a municipality or county enacts an ordinance

providing for automated traffic law enforcement systems under

this Section, each school district within that municipality or

county's jurisdiction may implement an automated traffic law

enforcement system under this Section. The elected school

board for that district must approve the implementation of an

automated traffic law enforcement system. The school district

shall be responsible for entering into a contract, approved by

the elected school board of that district, with vendors for

the installation, maintenance, and operation of the automated

traffic law enforcement system. The school district must enter

into an intergovernmental agreement, approved by the elected

school board of that district, with the municipality or county

with jurisdiction over that school district for the

administration of the automated traffic law enforcement

system. The proceeds from a school district's automated

traffic law enforcement system's fines shall be divided

equally between the school district and the municipality or

county administering the automated traffic law enforcement

system.

(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;

102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)

(625 ILCS 5/11-506)

(Text of Section before amendment by P.A. 102-982)

Sec. 11-506. Street racing; aggravated street racing;

street sideshows.

(a) No person shall engage in street racing on any street

or highway of this State.

(a-5) No person shall engage in a street sideshow on any

street or highway of this State.

(b) No owner of any vehicle shall acquiesce in or permit

his or her vehicle to be used by another for the purpose of

street racing or a street sideshow.

(b-5) A person may not knowingly interfere with or cause

the movement of traffic to slow or stop for the purpose of

facilitating street racing or a street sideshow.

(c) For the purposes of this Section:

"Acquiesce" or "permit" means actual knowledge that the

motor vehicle was to be used for the purpose of street racing.

"Motor vehicle stunt" includes, but is not limited to,

operating a vehicle in a manner that causes the vehicle to

slide or spin, driving within the proximity of a gathering of

persons, performing maneuvers to demonstrate the performance

capability of the motor vehicle, or maneuvering the vehicle in

an attempt to elicit a reaction from a gathering of persons.

"Street racing" means:

(1) The operation of 2 or more vehicles from a point

side by side at accelerating speeds in a competitive

attempt to outdistance each other; or

(2) The operation of one or more vehicles over a

common selected course, each starting at the same point,

for the purpose of comparing the relative speeds or power

of acceleration of such vehicle or vehicles within a

certain distance or time limit; or

(3) The use of one or more vehicles in an attempt to

outgain or outdistance another vehicle; or

(4) The use of one or more vehicles to prevent another

vehicle from passing; or

(5) The use of one or more vehicles to arrive at a

given destination ahead of another vehicle or vehicles; or

(6) The use of one or more vehicles to test the

physical stamina or endurance of drivers over

long-distance driving routes.

"Street sideshow" means an event in which one or more

vehicles block or impede traffic on a street or highway, for

the purpose of performing unauthorized motor vehicle stunts,

motor vehicle speed contests, or motor vehicle exhibitions of

speed.

(d) Penalties.

(1) Any person who is convicted of a violation of

subsection (a), (a-5), or (b-5) shall be guilty of a Class

A misdemeanor for the first offense and shall be subject

to a minimum fine of $250. Any person convicted of a

violation of subsection (a), (a-5), or (b-5) a second or

subsequent time shall be guilty of a Class 4 felony and

shall be subject to a minimum fine of $500. The driver's

license of any person convicted of subsection (a) shall be

revoked in the manner provided by Section 6-205 of this

Code.

(2) Any person who is convicted of a violation of

subsection (b) shall be guilty of a Class B misdemeanor.

Any person who is convicted of subsection (b) for a second

or subsequent time shall be guilty of a Class A

misdemeanor.

(3) Every person convicted of committing a violation

of subsection (a) of this Section shall be guilty of

aggravated street racing if the person, in committing a

violation of subsection (a) was involved in a motor

vehicle accident that resulted in great bodily harm or

permanent disability or disfigurement to another, where

the violation was a proximate cause of the injury.

Aggravated street racing is a Class 4 felony for which the

defendant, if sentenced to a term of imprisonment, shall

be sentenced to not less than one year nor more than 12

years.

(Source: P.A. 102-733, eff. 1-1-23; revised 12-14-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 11-506. Street racing; aggravated street racing;

street sideshows.

(a) No person shall engage in street racing on any street

or highway of this State.

(a-5) No person shall engage in a street sideshow on any

street or highway of this State.

(b) No owner of any vehicle shall acquiesce in or permit

his or her vehicle to be used by another for the purpose of

street racing or a street sideshow.

(b-5) A person may not knowingly interfere with or cause

the movement of traffic to slow or stop for the purpose of

facilitating street racing or a street sideshow.

(c) For the purposes of this Section:

"Acquiesce" or "permit" means actual knowledge that the

motor vehicle was to be used for the purpose of street racing.

"Motor vehicle stunt" includes, but is not limited to,

operating a vehicle in a manner that causes the vehicle to

slide or spin, driving within the proximity of a gathering of

persons, performing maneuvers to demonstrate the performance

capability of the motor vehicle, or maneuvering the vehicle in

an attempt to elicit a reaction from a gathering of persons.

"Street racing" means:

(1) The operation of 2 or more vehicles from a point

side by side at accelerating speeds in a competitive

attempt to outdistance each other; or

(2) The operation of one or more vehicles over a

common selected course, each starting at the same point,

for the purpose of comparing the relative speeds or power

of acceleration of such vehicle or vehicles within a

certain distance or time limit; or

(3) The use of one or more vehicles in an attempt to

outgain or outdistance another vehicle; or

(4) The use of one or more vehicles to prevent another

vehicle from passing; or

(5) The use of one or more vehicles to arrive at a

given destination ahead of another vehicle or vehicles; or

(6) The use of one or more vehicles to test the

physical stamina or endurance of drivers over

long-distance driving routes.

"Street sideshow" means an event in which one or more

vehicles block or impede traffic on a street or highway, for

the purpose of performing unauthorized motor vehicle stunts,

motor vehicle speed contests, or motor vehicle exhibitions of

speed.

(d) Penalties.

(1) Any person who is convicted of a violation of

subsection (a), (a-5), or (b-5) shall be guilty of a Class

A misdemeanor for the first offense and shall be subject

to a minimum fine of $250. Any person convicted of a

violation of subsection (a), (a-5), or (b-5) a second or

subsequent time shall be guilty of a Class 4 felony and

shall be subject to a minimum fine of $500. The driver's

license of any person convicted of subsection (a) shall be

revoked in the manner provided by Section 6-205 of this

Code.

(2) Any person who is convicted of a violation of

subsection (b) shall be guilty of a Class B misdemeanor.

Any person who is convicted of subsection (b) for a second

or subsequent time shall be guilty of a Class A

misdemeanor.

(3) Every person convicted of committing a violation

of subsection (a) of this Section shall be guilty of

aggravated street racing if the person, in committing a

violation of subsection (a) was involved in a motor

vehicle crash crashes that resulted in great bodily harm

or permanent disability or disfigurement to another, where

the violation was a proximate cause of the injury.

Aggravated street racing is a Class 4 felony for which the

defendant, if sentenced to a term of imprisonment, shall

be sentenced to not less than one year nor more than 12

years.

(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23;

revised 12-14-22.)

(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)

Sec. 11-605. Special speed limit while passing schools.

(a) For the purpose of this Section, "school" means the

following entities:

(1) A public or private primary or secondary school.

(2) A primary or secondary school operated by a

religious institution.

(3) A public, private, or religious nursery school.

On a school day when school children are present and so

close thereto that a potential hazard exists because of the

close proximity of the motorized traffic, no person shall

drive a motor vehicle at a speed in excess of 20 miles per hour

while passing a school zone or while traveling on a local,

county, or State roadway on public school property or upon any

public thoroughfare where children pass going to and from

school.

For the purpose of this Section, a school day begins at

6:30 a.m. and concludes at 4 p.m.

This Section shall not be applicable unless appropriate

signs are posted upon streets and highways under their

respective jurisdiction and maintained by the Department,

township, county, park district, city, village or incorporated

town wherein the school zone is located. With regard to the

special speed limit while passing schools, such signs shall

give proper due warning that a school zone is being approached

and shall indicate the school zone and the maximum speed limit

in effect during school days when school children are present.

(b) (Blank).

(c) Nothing in this Chapter shall prohibit the use of

electronic speed-detecting devices within 500 feet of signs

within a special school speed zone indicating such zone, as

defined in this Section, nor shall evidence obtained thereby

be inadmissible in any prosecution for speeding provided the

use of such device shall apply only to the enforcement of the

speed limit in such special school speed zone.

(d) (Blank).

(e) Except as provided in subsection (e-5), a person who

violates this Section is guilty of a petty offense. Violations

of this Section are punishable with a minimum fine of $150 for

the first violation, a minimum fine of $300 for the second or

subsequent violation, and community service in an amount

determined by the court.

(e-5) A person committing a violation of this Section is

guilty of aggravated special speed limit while passing schools

when he or she drives a motor vehicle at a speed that is:

(1) 26 miles per hour or more but less than 35 miles

per hour in excess of the applicable special speed limit

established under this Section or a similar provision of a

local ordinance and is guilty of a Class B misdemeanor; or

(2) 35 miles per hour or more in excess of the

applicable special speed limit established under this

Section or a similar provision of a local ordinance and is

guilty of a Class A misdemeanor.

(f) (Blank).

(g) (Blank).

(h) (Blank).

(Source: P.A. 102-58, eff. 7-9-21; 102-859, eff. 1-1-23;

102-978, eff. 1-1-23; revised 12-14-22.)

(625 ILCS 5/12-215)

(Text of Section before amendment by P.A. 102-982)

Sec. 12-215. Oscillating, rotating, or flashing lights on

motor vehicles. Except as otherwise provided in this Code:

(a) The use of red or white oscillating, rotating, or

flashing lights, whether lighted or unlighted, is prohibited

except on:

1. Law enforcement vehicles of State, federal, Federal

or local authorities;

2. A vehicle operated by a police officer or county

coroner and designated or authorized by local authorities,

in writing, as a law enforcement vehicle; however, such

designation or authorization must be carried in the

vehicle;

2.1. A vehicle operated by a fire chief, deputy fire

chief, or assistant fire chief who has completed an

emergency vehicle operation training course approved by

the Office of the State Fire Marshal and designated or

authorized by local authorities, fire departments, or fire

protection districts, in writing, as a fire department,

fire protection district, or township fire department

vehicle; however, the designation or authorization must be

carried in the vehicle, and the lights may be visible or

activated only when responding to a bona fide emergency;

3. Vehicles of local fire departments and State or

federal firefighting vehicles;

4. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles; furthermore, such lights

shall not be lighted except when responding to an

emergency call for and while actually conveying the sick

or injured;

4.5. Vehicles which are occasionally used as rescue

vehicles that have been authorized for use as rescue

vehicles by a volunteer EMS provider, provided that the

operator of the vehicle has successfully completed an

emergency vehicle operation training course recognized by

the Department of Public Health; furthermore, the lights

shall not be lighted except when responding to an

emergency call for the sick or injured;

5. Tow trucks licensed in a state that requires such

lights; furthermore, such lights shall not be lighted on

any such tow truck while the tow truck is operating in the

State of Illinois;

6. Vehicles of the Illinois Emergency Management

Agency, vehicles of the Office of the Illinois State Fire

Marshal, vehicles of the Illinois Department of Public

Health, vehicles of the Illinois Department of

Corrections, and vehicles of the Illinois Department of

Juvenile Justice;

7. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act;

8. School buses operating alternately flashing head

lamps as permitted under Section 12-805 of this Code;

9. Vehicles that are equipped and used exclusively as

organ transplant vehicles when used in combination with

blue oscillating, rotating, or flashing lights;

furthermore, these lights shall be lighted only when the

transportation is declared an emergency by a member of the

transplant team or a representative of the organ

procurement organization;

10. Vehicles of the Illinois Department of Natural

Resources that are used for mine rescue and explosives

emergency response;

11. Vehicles of the Illinois Department of

Transportation identified as Emergency Traffic Patrol; the

lights shall not be lighted except when responding to an

emergency call or when parked or stationary while engaged

in motor vehicle assistance or at the scene of the

emergency; and

12. Vehicles of the Illinois State Toll Highway

Authority with a gross vehicle weight rating of 9,000

pounds or more and those identified as Highway Emergency

Lane Patrol; the lights shall not be lighted except when

responding to an emergency call or when parked or

stationary while engaged in motor vehicle assistance or at

the scene of the emergency.

(b) The use of amber oscillating, rotating, or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Second division vehicles designed and used for

towing or hoisting vehicles; furthermore, such lights

shall not be lighted except as required in this paragraph

1; such lights shall be lighted when such vehicles are

actually being used at the scene of an accident or

disablement; if the towing vehicle is equipped with a flat

bed that supports all wheels of the vehicle being

transported, the lights shall not be lighted while the

vehicle is engaged in towing on a highway; if the towing

vehicle is not equipped with a flat bed that supports all

wheels of a vehicle being transported, the lights shall be

lighted while the towing vehicle is engaged in towing on a

highway during all times when the use of headlights is

required under Section 12-201 of this Code; in addition,

these vehicles may use white oscillating, rotating, or

flashing lights in combination with amber oscillating,

rotating, or flashing lights as provided in this

paragraph;

2. Motor vehicles or equipment of the State of

Illinois, the Illinois State Toll Highway Authority, local

authorities, and contractors; furthermore, such lights

shall not be lighted except while such vehicles are

engaged in maintenance or construction operations within

the limits of construction projects;

3. Vehicles or equipment used by engineering or survey

crews; furthermore, such lights shall not be lighted

except while such vehicles are actually engaged in work on

a highway;

4. Vehicles of public utilities, municipalities, or

other construction, maintenance, or automotive service

vehicles except that such lights shall be lighted only as

a means for indicating the presence of a vehicular traffic

hazard requiring unusual care in approaching, overtaking,

or passing while such vehicles are engaged in maintenance,

service, or construction on a highway;

5. Oversized vehicle or load; however, such lights

shall only be lighted when moving under permit issued by

the Department under Section 15-301 of this Code;

6. The front and rear of motorized equipment owned and

operated by the State of Illinois or any political

subdivision thereof, which is designed and used for

removal of snow and ice from highways;

6.1. The front and rear of motorized equipment or

vehicles that (i) are not owned by the State of Illinois or

any political subdivision of the State, (ii) are designed

and used for removal of snow and ice from highways and

parking lots, and (iii) are equipped with a snow plow that

is 12 feet in width; these lights may not be lighted except

when the motorized equipment or vehicle is actually being

used for those purposes on behalf of a unit of government;

7. Fleet safety vehicles registered in another state,

furthermore, such lights shall not be lighted except as

provided for in Section 12-212 of this Code;

8. Such other vehicles as may be authorized by local

authorities;

9. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating, or flashing lights;

9.5. Propane delivery trucks;

10. Vehicles used for collecting or delivering mail

for the United States Postal Service provided that such

lights shall not be lighted except when such vehicles are

actually being used for such purposes;

10.5. Vehicles of the Office of the Illinois State

Fire Marshal, provided that such lights shall not be

lighted except for when such vehicles are engaged in work

for the Office of the Illinois State Fire Marshal;

11. Any vehicle displaying a slow-moving vehicle

emblem as provided in Section 12-205.1;

12. All trucks equipped with self-compactors or

roll-off hoists and roll-on containers for garbage,

recycling, or refuse hauling. Such lights shall not be

lighted except when such vehicles are actually being used

for such purposes;

13. Vehicles used by a security company, alarm

responder, control agency, or the Illinois Department of

Corrections;

14. Security vehicles of the Department of Human

Services; however, the lights shall not be lighted except

when being used for security related purposes under the

direction of the superintendent of the facility where the

vehicle is located; and

15. Vehicles of union representatives, except that the

lights shall be lighted only while the vehicle is within

the limits of a construction project.

(c) The use of blue oscillating, rotating, or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Rescue squad vehicles not owned by a fire

department or fire protection district and vehicles owned

or operated by a:

voluntary firefighter;

paid firefighter;

part-paid firefighter;

call firefighter;

member of the board of trustees of a fire

protection district;

paid or unpaid member of a rescue squad;

paid or unpaid member of a voluntary ambulance

unit; or

paid or unpaid members of a local or county

emergency management services agency as defined in the

Illinois Emergency Management Agency Act, designated

or authorized by local authorities, in writing, and

carrying that designation or authorization in the

vehicle.

However, such lights are not to be lighted except when

responding to a bona fide emergency or when parked or

stationary at the scene of a fire, rescue call, ambulance

call, or motor vehicle accident.

Any person using these lights in accordance with this

subdivision (c)1 must carry on his or her person an

identification card or letter identifying the bona fide

member of a fire department, fire protection district,

rescue squad, ambulance unit, or emergency management

services agency that owns or operates that vehicle. The

card or letter must include:

(A) the name of the fire department, fire

protection district, rescue squad, ambulance unit, or

emergency management services agency;

(B) the member's position within the fire

department, fire protection district, rescue squad,

ambulance unit, or emergency management services

agency;

(C) the member's term of service; and

(D) the name of a person within the fire

department, fire protection district, rescue squad,

ambulance unit, or emergency management services

agency to contact to verify the information provided.

2. Police department vehicles in cities having a

population of 500,000 or more inhabitants.

3. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating, or flashing lights.

4. Vehicles of local fire departments and State or

federal firefighting vehicles when used in combination

with red oscillating, rotating, or flashing lights.

5. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles when used in combination

with red oscillating, rotating, or flashing lights;

furthermore, such lights shall not be lighted except when

responding to an emergency call.

6. Vehicles that are equipped and used exclusively as

organ transport vehicles when used in combination with red

oscillating, rotating, or flashing lights; furthermore,

these lights shall only be lighted when the transportation

is declared an emergency by a member of the transplant

team or a representative of the organ procurement

organization.

7. Vehicles of the Illinois Emergency Management

Agency, vehicles of the Office of the Illinois State Fire

Marshal, vehicles of the Illinois Department of Public

Health, vehicles of the Illinois Department of

Corrections, and vehicles of the Illinois Department of

Juvenile Justice, when used in combination with red

oscillating, rotating, or flashing lights.

8. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act, when used in combination

with red oscillating, rotating, or flashing lights.

9. Vehicles of the Illinois Department of Natural

Resources that are used for mine rescue and explosives

emergency response, when used in combination with red

oscillating, rotating, or flashing lights.

(c-1) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a

voluntary firefighter, a voluntary member of a rescue squad,

or a member of a voluntary ambulance unit may be equipped with

flashing white headlights and blue grill lights, which may be

used only in responding to an emergency call or when parked or

stationary at the scene of a fire, rescue call, ambulance

call, or motor vehicle accident.

(c-2) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a paid

or unpaid member of a local or county emergency management

services agency as defined in the Illinois Emergency

Management Agency Act, may be equipped with white oscillating,

rotating, or flashing lights to be used in combination with

blue oscillating, rotating, or flashing lights, if

authorization by local authorities is in writing and carried

in the vehicle.

(d) The use of a combination of amber and white

oscillating, rotating, or flashing lights, whether lighted or

unlighted, is prohibited except on second division vehicles

designed and used for towing or hoisting vehicles or motor

vehicles or equipment of the State of Illinois, local

authorities, contractors, and union representatives;

furthermore, such lights shall not be lighted on second

division vehicles designed and used for towing or hoisting

vehicles or vehicles of the State of Illinois, local

authorities, and contractors except while such vehicles are

engaged in a tow operation, highway maintenance, or

construction operations within the limits of highway

construction projects, and shall not be lighted on the

vehicles of union representatives except when those vehicles

are within the limits of a construction project.

(e) All oscillating, rotating, or flashing lights referred

to in this Section shall be of sufficient intensity, when

illuminated, to be visible at 500 feet in normal sunlight.

(f) Nothing in this Section shall prohibit a manufacturer

of oscillating, rotating, or flashing lights or his

representative or authorized vendor from temporarily mounting

such lights on a vehicle for demonstration purposes only. If

the lights are not covered while the vehicle is operated upon a

highway, the vehicle shall display signage indicating that the

vehicle is out of service or not an emergency vehicle. The

signage shall be displayed on all sides of the vehicle in

letters at least 2 inches tall and one-half inch wide. A

vehicle authorized to have oscillating, rotating, or flashing

lights mounted for demonstration purposes may not activate the

lights while the vehicle is operated upon a highway.

(g) Any person violating the provisions of subsection

subsections (a), (b), (c), or (d) of this Section who without

lawful authority stops or detains or attempts to stop or

detain another person shall be guilty of a Class 2 felony.

(h) Except as provided in subsection (g) above, any person

violating the provisions of subsection subsections (a) or (c)

of this Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 101-56, eff. 1-1-20; 102-842, eff. 1-1-23;

revised 12-14-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 12-215. Oscillating, rotating, or flashing lights on

motor vehicles. Except as otherwise provided in this Code:

(a) The use of red or white oscillating, rotating, or

flashing lights, whether lighted or unlighted, is prohibited

except on:

1. Law enforcement vehicles of State, federal, Federal

or local authorities;

2. A vehicle operated by a police officer or county

coroner and designated or authorized by local authorities,

in writing, as a law enforcement vehicle; however, such

designation or authorization must be carried in the

vehicle;

2.1. A vehicle operated by a fire chief, deputy fire

chief, or assistant fire chief who has completed an

emergency vehicle operation training course approved by

the Office of the State Fire Marshal and designated or

authorized by local authorities, fire departments, or fire

protection districts, in writing, as a fire department,

fire protection district, or township fire department

vehicle; however, the designation or authorization must be

carried in the vehicle, and the lights may be visible or

activated only when responding to a bona fide emergency;

3. Vehicles of local fire departments and State or

federal firefighting vehicles;

4. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles; furthermore, such lights

shall not be lighted except when responding to an

emergency call for and while actually conveying the sick

or injured;

4.5. Vehicles which are occasionally used as rescue

vehicles that have been authorized for use as rescue

vehicles by a volunteer EMS provider, provided that the

operator of the vehicle has successfully completed an

emergency vehicle operation training course recognized by

the Department of Public Health; furthermore, the lights

shall not be lighted except when responding to an

emergency call for the sick or injured;

5. Tow trucks licensed in a state that requires such

lights; furthermore, such lights shall not be lighted on

any such tow truck while the tow truck is operating in the

State of Illinois;

6. Vehicles of the Illinois Emergency Management

Agency, vehicles of the Office of the Illinois State Fire

Marshal, vehicles of the Illinois Department of Public

Health, vehicles of the Illinois Department of

Corrections, and vehicles of the Illinois Department of

Juvenile Justice;

7. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act;

8. School buses operating alternately flashing head

lamps as permitted under Section 12-805 of this Code;

9. Vehicles that are equipped and used exclusively as

organ transplant vehicles when used in combination with

blue oscillating, rotating, or flashing lights;

furthermore, these lights shall be lighted only when the

transportation is declared an emergency by a member of the

transplant team or a representative of the organ

procurement organization;

10. Vehicles of the Illinois Department of Natural

Resources that are used for mine rescue and explosives

emergency response;

11. Vehicles of the Illinois Department of

Transportation identified as Emergency Traffic Patrol; the

lights shall not be lighted except when responding to an

emergency call or when parked or stationary while engaged

in motor vehicle assistance or at the scene of the

emergency; and

12. Vehicles of the Illinois State Toll Highway

Authority with a gross vehicle weight rating of 9,000

pounds or more and those identified as Highway Emergency

Lane Patrol; the lights shall not be lighted except when

responding to an emergency call or when parked or

stationary while engaged in motor vehicle assistance or at

the scene of the emergency.

(b) The use of amber oscillating, rotating, or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Second division vehicles designed and used for

towing or hoisting vehicles; furthermore, such lights

shall not be lighted except as required in this paragraph

1; such lights shall be lighted when such vehicles are

actually being used at the scene of a crash or

disablement; if the towing vehicle is equipped with a flat

bed that supports all wheels of the vehicle being

transported, the lights shall not be lighted while the

vehicle is engaged in towing on a highway; if the towing

vehicle is not equipped with a flat bed that supports all

wheels of a vehicle being transported, the lights shall be

lighted while the towing vehicle is engaged in towing on a

highway during all times when the use of headlights is

required under Section 12-201 of this Code; in addition,

these vehicles may use white oscillating, rotating, or

flashing lights in combination with amber oscillating,

rotating, or flashing lights as provided in this

paragraph;

2. Motor vehicles or equipment of the State of

Illinois, the Illinois State Toll Highway Authority, local

authorities, and contractors; furthermore, such lights

shall not be lighted except while such vehicles are

engaged in maintenance or construction operations within

the limits of construction projects;

3. Vehicles or equipment used by engineering or survey

crews; furthermore, such lights shall not be lighted

except while such vehicles are actually engaged in work on

a highway;

4. Vehicles of public utilities, municipalities, or

other construction, maintenance, or automotive service

vehicles except that such lights shall be lighted only as

a means for indicating the presence of a vehicular traffic

hazard requiring unusual care in approaching, overtaking,

or passing while such vehicles are engaged in maintenance,

service, or construction on a highway;

5. Oversized vehicle or load; however, such lights

shall only be lighted when moving under permit issued by

the Department under Section 15-301 of this Code;

6. The front and rear of motorized equipment owned and

operated by the State of Illinois or any political

subdivision thereof, which is designed and used for

removal of snow and ice from highways;

6.1. The front and rear of motorized equipment or

vehicles that (i) are not owned by the State of Illinois or

any political subdivision of the State, (ii) are designed

and used for removal of snow and ice from highways and

parking lots, and (iii) are equipped with a snow plow that

is 12 feet in width; these lights may not be lighted except

when the motorized equipment or vehicle is actually being

used for those purposes on behalf of a unit of government;

7. Fleet safety vehicles registered in another state,

furthermore, such lights shall not be lighted except as

provided for in Section 12-212 of this Code;

8. Such other vehicles as may be authorized by local

authorities;

9. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating, or flashing lights;

9.5. Propane delivery trucks;

10. Vehicles used for collecting or delivering mail

for the United States Postal Service provided that such

lights shall not be lighted except when such vehicles are

actually being used for such purposes;

10.5. Vehicles of the Office of the Illinois State

Fire Marshal, provided that such lights shall not be

lighted except for when such vehicles are engaged in work

for the Office of the Illinois State Fire Marshal;

11. Any vehicle displaying a slow-moving vehicle

emblem as provided in Section 12-205.1;

12. All trucks equipped with self-compactors or

roll-off hoists and roll-on containers for garbage,

recycling, or refuse hauling. Such lights shall not be

lighted except when such vehicles are actually being used

for such purposes;

13. Vehicles used by a security company, alarm

responder, control agency, or the Illinois Department of

Corrections;

14. Security vehicles of the Department of Human

Services; however, the lights shall not be lighted except

when being used for security related purposes under the

direction of the superintendent of the facility where the

vehicle is located; and

15. Vehicles of union representatives, except that the

lights shall be lighted only while the vehicle is within

the limits of a construction project.

(c) The use of blue oscillating, rotating, or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Rescue squad vehicles not owned by a fire

department or fire protection district and vehicles owned

or operated by a:

voluntary firefighter;

paid firefighter;

part-paid firefighter;

call firefighter;

member of the board of trustees of a fire

protection district;

paid or unpaid member of a rescue squad;

paid or unpaid member of a voluntary ambulance

unit; or

paid or unpaid members of a local or county

emergency management services agency as defined in the

Illinois Emergency Management Agency Act, designated

or authorized by local authorities, in writing, and

carrying that designation or authorization in the

vehicle.

However, such lights are not to be lighted except when

responding to a bona fide emergency or when parked or

stationary at the scene of a fire, rescue call, ambulance

call, or motor vehicle crash.

Any person using these lights in accordance with this

subdivision (c)1 must carry on his or her person an

identification card or letter identifying the bona fide

member of a fire department, fire protection district,

rescue squad, ambulance unit, or emergency management

services agency that owns or operates that vehicle. The

card or letter must include:

(A) the name of the fire department, fire

protection district, rescue squad, ambulance unit, or

emergency management services agency;

(B) the member's position within the fire

department, fire protection district, rescue squad,

ambulance unit, or emergency management services

agency;

(C) the member's term of service; and

(D) the name of a person within the fire

department, fire protection district, rescue squad,

ambulance unit, or emergency management services

agency to contact to verify the information provided.

2. Police department vehicles in cities having a

population of 500,000 or more inhabitants.

3. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating, or flashing lights.

4. Vehicles of local fire departments and State or

federal firefighting vehicles when used in combination

with red oscillating, rotating, or flashing lights.

5. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles when used in combination

with red oscillating, rotating, or flashing lights;

furthermore, such lights shall not be lighted except when

responding to an emergency call.

6. Vehicles that are equipped and used exclusively as

organ transport vehicles when used in combination with red

oscillating, rotating, or flashing lights; furthermore,

these lights shall only be lighted when the transportation

is declared an emergency by a member of the transplant

team or a representative of the organ procurement

organization.

7. Vehicles of the Illinois Emergency Management

Agency, vehicles of the Office of the Illinois State Fire

Marshal, vehicles of the Illinois Department of Public

Health, vehicles of the Illinois Department of

Corrections, and vehicles of the Illinois Department of

Juvenile Justice, when used in combination with red

oscillating, rotating, or flashing lights.

8. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act, when used in combination

with red oscillating, rotating, or flashing lights.

9. Vehicles of the Illinois Department of Natural

Resources that are used for mine rescue and explosives

emergency response, when used in combination with red

oscillating, rotating, or flashing lights.

(c-1) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a

voluntary firefighter, a voluntary member of a rescue squad,

or a member of a voluntary ambulance unit may be equipped with

flashing white headlights and blue grill lights, which may be

used only in responding to an emergency call or when parked or

stationary at the scene of a fire, rescue call, ambulance

call, or motor vehicle crash.

(c-2) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a paid

or unpaid member of a local or county emergency management

services agency as defined in the Illinois Emergency

Management Agency Act, may be equipped with white oscillating,

rotating, or flashing lights to be used in combination with

blue oscillating, rotating, or flashing lights, if

authorization by local authorities is in writing and carried

in the vehicle.

(d) The use of a combination of amber and white

oscillating, rotating, or flashing lights, whether lighted or

unlighted, is prohibited except on second division vehicles

designed and used for towing or hoisting vehicles or motor

vehicles or equipment of the State of Illinois, local

authorities, contractors, and union representatives;

furthermore, such lights shall not be lighted on second

division vehicles designed and used for towing or hoisting

vehicles or vehicles of the State of Illinois, local

authorities, and contractors except while such vehicles are

engaged in a tow operation, highway maintenance, or

construction operations within the limits of highway

construction projects, and shall not be lighted on the

vehicles of union representatives except when those vehicles

are within the limits of a construction project.

(e) All oscillating, rotating, or flashing lights referred

to in this Section shall be of sufficient intensity, when

illuminated, to be visible at 500 feet in normal sunlight.

(f) Nothing in this Section shall prohibit a manufacturer

of oscillating, rotating, or flashing lights or his

representative or authorized vendor from temporarily mounting

such lights on a vehicle for demonstration purposes only. If

the lights are not covered while the vehicle is operated upon a

highway, the vehicle shall display signage indicating that the

vehicle is out of service or not an emergency vehicle. The

signage shall be displayed on all sides of the vehicle in

letters at least 2 inches tall and one-half inch wide. A

vehicle authorized to have oscillating, rotating, or flashing

lights mounted for demonstration purposes may not activate the

lights while the vehicle is operated upon a highway.

(g) Any person violating the provisions of subsection

subsections (a), (b), (c), or (d) of this Section who without

lawful authority stops or detains or attempts to stop or

detain another person shall be guilty of a Class 2 felony.

(h) Except as provided in subsection (g) above, any person

violating the provisions of subsection subsections (a) or (c)

of this Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 101-56, eff. 1-1-20; 102-842, eff. 1-1-23;

102-982, eff. 7-1-23; revised 8-1-22.)

Section 670. The Innovations for Transportation

Infrastructure Act is amended by changing Sections 15 and 20

as follows:

(630 ILCS 10/15)

(Section scheduled to be repealed on July 1, 2032)

Sec. 15. Authorization of project delivery methods.

(a) Notwithstanding any other law, and as authority

supplemental to its existing powers, except as otherwise

provided for in this Act, the Transportation Agency, in

accordance with this Act, may use the design-build project

delivery method for transportation facilities if the capital

costs for transportation facilities delivered utilizing the

design-build project delivery method or Construction

Manager/General Contractor project delivery method or

Alternative Technical Concepts in a design-bid-build project

delivery method do not: (i) for transportation facilities

delivered by the Department, exceed $400 million of contracts

awarded during the Department's multi-year highway improvement

program for any 5-year period; or (ii) for transportation

facilities delivered by the Authority, exceed 20% of the

Authority's annual improvement program. The Transportation

Agency shall make this calculation before commencing the

procurement. Notwithstanding any other law, and as authority

supplemental to its existing powers, the Department, in

accordance with this Act, may use the Construction

Manager/General Contractor project delivery method for up to 2

transportation facilities per year. Before commencing a

procurement under this Act for either a design-build contract

or a Construction Manager/General Contractor contract, the

Transportation Agency shall first undertake an analysis and

make a written determination that it is in the best interests

of this State to use the selected delivery method for that

transportation facility. The analysis and determination shall

discuss the design-build project delivery method or

Construction Manager/General Contractor project delivery

method's impact on the anticipated schedule, completion date,

and project costs. The best interests of the State analysis

shall be made available to the public.

(b) The Transportation Agency shall report to the General

Assembly annually for the first 5 years after June 15, 2022

(the effective date of this Act) on the progress of

procurements and transportation facilities procured under this

Act.

(c) A contract entered into pursuant to the provisions of

this Act is are excepted from the Public Contract Fraud Act.

(Source: P.A. 102-1094, eff. 6-15-22; revised 8-19-22.)

(630 ILCS 10/20)

(Section scheduled to be repealed on July 1, 2032)

Sec. 20. Preconditions to commencement of procurement. If

the Transportation Agency determines to use the design-build

project delivery method or the Construction Manager/General

Contractor project delivery method for a particular

transportation facility, the Transportation Agency may not

commence a procurement for the transportation facility until

the Transportation Agency has satisfied the following

requirements:

(1) the Transportation Agency does one of the following:

(A) the Transportation Agency includes the

transportation facility in the Transportation Agency's

respective multi-year highway improvement program and

designates it as a design-build project delivery method

project or Construction Manager/General Contractor

project;

(B) the Transportation Agency issues a notice of

intent to receive qualifications, that includes a

description of the proposed procurement and transportation

facility, at least 28 days before the issuance of the

request for qualifications, and for a Department-issued

notice of intent publishes the notice in the Illinois

Transportation Procurement Bulletin and for an

Authority-issued notice of intent publishes the notice in

the Illinois Procurement Bulletin; or

(C) for a single-phase procurement authorized under

subsection (a) of Section 25 of this Act, the

Transportation Agency issues a notice of intent to receive

proposals, that includes a description of the proposed

procurement and transportation facility, at least 14 days

before the issuance of the request for proposals, and for

a Department-issued notice of intent publishes the notice

in the Illinois Transportation Procurement Bulletin and

for an Authority-issued notice of intent publishes the

notice in the Illinois Procurement Bulletin; and

(2) the Transportation Agency uses its best efforts to

ensure that the transportation facility is consistent with the

regional plan in existence at the time of any metropolitan

planning organization in which the boundaries of the

transportation facility is located, or any other publicly

approved publicly-approved plan.

(Source: P.A. 102-1094, eff. 6-15-22; revised 8-19-22.)

Section 675. The Juvenile Court Act of 1987 is amended by

changing Sections 2-28 and 5-915 as follows:

(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)

Sec. 2-28. Court review.

(1) The court may require any legal custodian or guardian

of the person appointed under this Act to report periodically

to the court or may cite him into court and require him or his

agency, to make a full and accurate report of his or its doings

in behalf of the minor. The custodian or guardian, within 10

days after such citation, or earlier if the court determines

it to be necessary to protect the health, safety, or welfare of

the minor, shall make the report, either in writing verified

by affidavit or orally under oath in open court, or otherwise

as the court directs. Upon the hearing of the report the court

may remove the custodian or guardian and appoint another in

his stead or restore the minor to the custody of his parents or

former guardian or custodian. However, custody of the minor

shall not be restored to any parent, guardian, or legal

custodian in any case in which the minor is found to be

neglected or abused under Section 2-3 or dependent under

Section 2-4 of this Act, unless the minor can be cared for at

home without endangering the minor's health or safety and it

is in the best interests of the minor, and if such neglect,

abuse, or dependency is found by the court under paragraph (1)

of Section 2-21 of this Act to have come about due to the acts

or omissions or both of such parent, guardian, or legal

custodian, until such time as an investigation is made as

provided in paragraph (5) and a hearing is held on the issue of

the fitness of such parent, guardian, or legal custodian to

care for the minor and the court enters an order that such

parent, guardian, or legal custodian is fit to care for the

minor.

(1.5) The public agency that is the custodian or guardian

of the minor shall file a written report with the court no

later than 15 days after a minor in the agency's care remains:

(1) in a shelter placement beyond 30 days;

(2) in a psychiatric hospital past the time when the

minor is clinically ready for discharge or beyond medical

necessity for the minor's health; or

(3) in a detention center or Department of Juvenile

Justice facility solely because the public agency cannot

find an appropriate placement for the minor.

The report shall explain the steps the agency is taking to

ensure the minor is placed appropriately, how the minor's

needs are being met in the minor's shelter placement, and if a

future placement has been identified by the Department, why

the anticipated placement is appropriate for the needs of the

minor and the anticipated placement date.

(1.6) Within 35 days after placing a child in its care in a

qualified residential treatment program, as defined by the

federal Social Security Act, the Department of Children and

Family Services shall file a written report with the court and

send copies of the report to all parties. Within 20 days of the

filing of the report, the court shall hold a hearing to

consider the Department's report and determine whether

placement of the child in a qualified residential treatment

program provides the most effective and appropriate level of

care for the child in the least restrictive environment and if

the placement is consistent with the short-term and long-term

goals for the child, as specified in the permanency plan for

the child. The court shall approve or disapprove the

placement. If applicable, the requirements of Sections 2-27.1

and 2-27.2 must also be met. The Department's written report

and the court's written determination shall be included in and

made part of the case plan for the child. If the child remains

placed in a qualified residential treatment program, the

Department shall submit evidence at each status and permanency

hearing:

(1) demonstrating that on-going assessment of the

strengths and needs of the child continues to support the

determination that the child's needs cannot be met through

placement in a foster family home, that the placement

provides the most effective and appropriate level of care

for the child in the least restrictive, appropriate

environment, and that the placement is consistent with the

short-term and long-term permanency goal for the child, as

specified in the permanency plan for the child;

(2) documenting the specific treatment or service

needs that should be met for the child in the placement and

the length of time the child is expected to need the

treatment or services; and

(3) the efforts made by the agency to prepare the

child to return home or to be placed with a fit and willing

relative, a legal guardian, or an adoptive parent, or in a

foster family home.

(2) The first permanency hearing shall be conducted by the

judge. Subsequent permanency hearings may be heard by a judge

or by hearing officers appointed or approved by the court in

the manner set forth in Section 2-28.1 of this Act. The initial

hearing shall be held (a) within 12 months from the date

temporary custody was taken, regardless of whether an

adjudication or dispositional hearing has been completed

within that time frame, (b) if the parental rights of both

parents have been terminated in accordance with the procedure

described in subsection (5) of Section 2-21, within 30 days of

the order for termination of parental rights and appointment

of a guardian with power to consent to adoption, or (c) in

accordance with subsection (2) of Section 2-13.1. Subsequent

permanency hearings shall be held every 6 months or more

frequently if necessary in the court's determination following

the initial permanency hearing, in accordance with the

standards set forth in this Section, until the court

determines that the plan and goal have been achieved. Once the

plan and goal have been achieved, if the minor remains in

substitute care, the case shall be reviewed at least every 6

months thereafter, subject to the provisions of this Section,

unless the minor is placed in the guardianship of a suitable

relative or other person and the court determines that further

monitoring by the court does not further the health, safety,

or best interest of the child and that this is a stable

permanent placement. The permanency hearings must occur within

the time frames set forth in this subsection and may not be

delayed in anticipation of a report from any source or due to

the agency's failure to timely file its written report (this

written report means the one required under the next paragraph

and does not mean the service plan also referred to in that

paragraph).

The public agency that is the custodian or guardian of the

minor, or another agency responsible for the minor's care,

shall ensure that all parties to the permanency hearings are

provided a copy of the most recent service plan prepared

within the prior 6 months at least 14 days in advance of the

hearing. If not contained in the agency's service plan, the

agency shall also include a report setting forth (i) any

special physical, psychological, educational, medical,

emotional, or other needs of the minor or his or her family

that are relevant to a permanency or placement determination

and (ii) for any minor age 16 or over, a written description of

the programs and services that will enable the minor to

prepare for independent living. If not contained in the

agency's service plan, the agency's report shall specify if a

minor is placed in a licensed child care facility under a

corrective plan by the Department due to concerns impacting

the minor's safety and well-being. The report shall explain

the steps the Department is taking to ensure the safety and

well-being of the minor and that the minor's needs are met in

the facility. The agency's written report must detail what

progress or lack of progress the parent has made in correcting

the conditions requiring the child to be in care; whether the

child can be returned home without jeopardizing the child's

health, safety, and welfare, and if not, what permanency goal

is recommended to be in the best interests of the child, and

why the other permanency goals are not appropriate. The

caseworker must appear and testify at the permanency hearing.

If a permanency hearing has not previously been scheduled by

the court, the moving party shall move for the setting of a

permanency hearing and the entry of an order within the time

frames set forth in this subsection.

At the permanency hearing, the court shall determine the

future status of the child. The court shall set one of the

following permanency goals:

(A) The minor will be returned home by a specific date

within 5 months.

(B) The minor will be in short-term care with a

continued goal to return home within a period not to

exceed one year, where the progress of the parent or

parents is substantial giving particular consideration to

the age and individual needs of the minor.

(B-1) The minor will be in short-term care with a

continued goal to return home pending a status hearing.

When the court finds that a parent has not made reasonable

efforts or reasonable progress to date, the court shall

identify what actions the parent and the Department must

take in order to justify a finding of reasonable efforts

or reasonable progress and shall set a status hearing to

be held not earlier than 9 months from the date of

adjudication nor later than 11 months from the date of

adjudication during which the parent's progress will again

be reviewed.

(C) The minor will be in substitute care pending court

determination on termination of parental rights.

(D) Adoption, provided that parental rights have been

terminated or relinquished.

(E) The guardianship of the minor will be transferred

to an individual or couple on a permanent basis provided

that goals (A) through (D) have been deemed inappropriate

and not in the child's best interests. The court shall

confirm that the Department has discussed adoption, if

appropriate, and guardianship with the caregiver prior to

changing a goal to guardianship.

(F) The minor over age 15 will be in substitute care

pending independence. In selecting this permanency goal,

the Department of Children and Family Services may provide

services to enable reunification and to strengthen the

minor's connections with family, fictive kin, and other

responsible adults, provided the services are in the

minor's best interest. The services shall be documented in

the service plan.

(G) The minor will be in substitute care because he or

she cannot be provided for in a home environment due to

developmental disabilities or mental illness or because he

or she is a danger to self or others, provided that goals

(A) through (D) have been deemed inappropriate and not in

the child's best interests.

In selecting any permanency goal, the court shall indicate

in writing the reasons the goal was selected and why the

preceding goals were deemed inappropriate and not in the

child's best interest. Where the court has selected a

permanency goal other than (A), (B), or (B-1), the Department

of Children and Family Services shall not provide further

reunification services, except as provided in paragraph (F) of

this subsection (2), but shall provide services consistent

with the goal selected.

(H) Notwithstanding any other provision in this

Section, the court may select the goal of continuing

foster care as a permanency goal if:

(1) The Department of Children and Family Services

has custody and guardianship of the minor;

(2) The court has deemed all other permanency

goals inappropriate based on the child's best

interest;

(3) The court has found compelling reasons, based

on written documentation reviewed by the court, to

place the minor in continuing foster care. Compelling

reasons include:

(a) the child does not wish to be adopted or to

be placed in the guardianship of his or her

relative or foster care placement;

(b) the child exhibits an extreme level of

need such that the removal of the child from his or

her placement would be detrimental to the child;

or

(c) the child who is the subject of the

permanency hearing has existing close and strong

bonds with a sibling, and achievement of another

permanency goal would substantially interfere with

the subject child's sibling relationship, taking

into consideration the nature and extent of the

relationship, and whether ongoing contact is in

the subject child's best interest, including

long-term emotional interest, as compared with the

legal and emotional benefit of permanence;

(4) The child has lived with the relative or

foster parent for at least one year; and

(5) The relative or foster parent currently caring

for the child is willing and capable of providing the

child with a stable and permanent environment.

The court shall set a permanency goal that is in the best

interest of the child. In determining that goal, the court

shall consult with the minor in an age-appropriate manner

regarding the proposed permanency or transition plan for the

minor. The court's determination shall include the following

factors:

(1) Age of the child.

(2) Options available for permanence, including both

out-of-state and in-state placement options.

(3) Current placement of the child and the intent of

the family regarding adoption.

(4) Emotional, physical, and mental status or

condition of the child.

(5) Types of services previously offered and whether

or not the services were successful and, if not

successful, the reasons the services failed.

(6) Availability of services currently needed and

whether the services exist.

(7) Status of siblings of the minor.

The court shall consider (i) the permanency goal contained

in the service plan, (ii) the appropriateness of the services

contained in the plan and whether those services have been

provided, (iii) whether reasonable efforts have been made by

all the parties to the service plan to achieve the goal, and

(iv) whether the plan and goal have been achieved. All

evidence relevant to determining these questions, including

oral and written reports, may be admitted and may be relied on

to the extent of their probative value.

The court shall make findings as to whether, in violation

of Section 8.2 of the Abused and Neglected Child Reporting

Act, any portion of the service plan compels a child or parent

to engage in any activity or refrain from any activity that is

not reasonably related to remedying a condition or conditions

that gave rise or which could give rise to any finding of child

abuse or neglect. The services contained in the service plan

shall include services reasonably related to remedy the

conditions that gave rise to removal of the child from the home

of his or her parents, guardian, or legal custodian or that the

court has found must be remedied prior to returning the child

home. Any tasks the court requires of the parents, guardian,

or legal custodian or child prior to returning the child home,

must be reasonably related to remedying a condition or

conditions that gave rise to or which could give rise to any

finding of child abuse or neglect.

If the permanency goal is to return home, the court shall

make findings that identify any problems that are causing

continued placement of the children away from the home and

identify what outcomes would be considered a resolution to

these problems. The court shall explain to the parents that

these findings are based on the information that the court has

at that time and may be revised, should additional evidence be

presented to the court.

The court shall review the Sibling Contact Support Plan

developed or modified under subsection (f) of Section 7.4 of

the Children and Family Services Act, if applicable. If the

Department has not convened a meeting to develop or modify a

Sibling Contact Support Plan, or if the court finds that the

existing Plan is not in the child's best interest, the court

may enter an order requiring the Department to develop,

modify, or implement a Sibling Contact Support Plan, or order

mediation.

If the goal has been achieved, the court shall enter

orders that are necessary to conform the minor's legal custody

and status to those findings.

If, after receiving evidence, the court determines that

the services contained in the plan are not reasonably

calculated to facilitate achievement of the permanency goal,

the court shall put in writing the factual basis supporting

the determination and enter specific findings based on the

evidence. The court also shall enter an order for the

Department to develop and implement a new service plan or to

implement changes to the current service plan consistent with

the court's findings. The new service plan shall be filed with

the court and served on all parties within 45 days of the date

of the order. The court shall continue the matter until the new

service plan is filed. Except as authorized by subsection

(2.5) of this Section and as otherwise specifically authorized

by law, the court is not empowered under this Section to order

specific placements, specific services, or specific service

providers to be included in the service plan.

A guardian or custodian appointed by the court pursuant to

this Act shall file updated case plans with the court every 6

months.

Rights of wards of the court under this Act are

enforceable against any public agency by complaints for relief

by mandamus filed in any proceedings brought under this Act.

(2.5) If, after reviewing the evidence, including evidence

from the Department, the court determines that the minor's

current or planned placement is not necessary or appropriate

to facilitate achievement of the permanency goal, the court

shall put in writing the factual basis supporting its

determination and enter specific findings based on the

evidence. If the court finds that the minor's current or

planned placement is not necessary or appropriate, the court

may enter an order directing the Department to implement a

recommendation by the minor's treating clinician or a

clinician contracted by the Department to evaluate the minor

or a recommendation made by the Department. If the Department

places a minor in a placement under an order entered under this

subsection (2.5), the Department has the authority to remove

the minor from that placement when a change in circumstances

necessitates the removal to protect the minor's health,

safety, and best interest. If the Department determines

removal is necessary, the Department shall notify the parties

of the planned placement change in writing no later than 10

days prior to the implementation of its determination unless

remaining in the placement poses an imminent risk of harm to

the minor, in which case the Department shall notify the

parties of the placement change in writing immediately

following the implementation of its decision. The Department

shall notify others of the decision to change the minor's

placement as required by Department rule.

(3) Following the permanency hearing, the court shall

enter a written order that includes the determinations

required under subsection (2) of this Section and sets forth

the following:

(a) The future status of the minor, including the

permanency goal, and any order necessary to conform the

minor's legal custody and status to such determination; or

(b) If the permanency goal of the minor cannot be

achieved immediately, the specific reasons for continuing

the minor in the care of the Department of Children and

Family Services or other agency for short-term short term

placement, and the following determinations:

(i) (Blank).

(ii) Whether the services required by the court

and by any service plan prepared within the prior 6

months have been provided and (A) if so, whether the

services were reasonably calculated to facilitate the

achievement of the permanency goal or (B) if not

provided, why the services were not provided.

(iii) Whether the minor's current or planned

placement is necessary, and appropriate to the plan

and goal, recognizing the right of minors to the least

restrictive (most family-like) setting available and

in close proximity to the parents' home consistent

with the health, safety, best interest, and special

needs of the minor and, if the minor is placed

out-of-state, whether the out-of-state placement

continues to be appropriate and consistent with the

health, safety, and best interest of the minor.

(iv) (Blank).

(v) (Blank).

(4) The minor or any person interested in the minor may

apply to the court for a change in custody of the minor and the

appointment of a new custodian or guardian of the person or for

the restoration of the minor to the custody of his parents or

former guardian or custodian.

When return home is not selected as the permanency goal:

(a) The Department, the minor, or the current foster

parent or relative caregiver seeking private guardianship

may file a motion for private guardianship of the minor.

Appointment of a guardian under this Section requires

approval of the court.

(b) The State's Attorney may file a motion to

terminate parental rights of any parent who has failed to

make reasonable efforts to correct the conditions which

led to the removal of the child or reasonable progress

toward the return of the child, as defined in subdivision

(D)(m) of Section 1 of the Adoption Act or for whom any

other unfitness ground for terminating parental rights as

defined in subdivision (D) of Section 1 of the Adoption

Act exists.

When parental rights have been terminated for a

minimum of 3 years and the child who is the subject of the

permanency hearing is 13 years old or older and is not

currently placed in a placement likely to achieve

permanency, the Department of Children and Family Services

shall make reasonable efforts to locate parents whose

rights have been terminated, except when the Court

determines that those efforts would be futile or

inconsistent with the subject child's best interests. The

Department of Children and Family Services shall assess

the appropriateness of the parent whose rights have been

terminated, and shall, as appropriate, foster and support

connections between the parent whose rights have been

terminated and the youth. The Department of Children and

Family Services shall document its determinations and

efforts to foster connections in the child's case plan.

Custody of the minor shall not be restored to any parent,

guardian, or legal custodian in any case in which the minor is

found to be neglected or abused under Section 2-3 or dependent

under Section 2-4 of this Act, unless the minor can be cared

for at home without endangering his or her health or safety and

it is in the best interest of the minor, and if such neglect,

abuse, or dependency is found by the court under paragraph (1)

of Section 2-21 of this Act to have come about due to the acts

or omissions or both of such parent, guardian, or legal

custodian, until such time as an investigation is made as

provided in paragraph (5) and a hearing is held on the issue of

the health, safety, and best interest of the minor and the

fitness of such parent, guardian, or legal custodian to care

for the minor and the court enters an order that such parent,

guardian, or legal custodian is fit to care for the minor. If a

motion is filed to modify or vacate a private guardianship

order and return the child to a parent, guardian, or legal

custodian, the court may order the Department of Children and

Family Services to assess the minor's current and proposed

living arrangements and to provide ongoing monitoring of the

health, safety, and best interest of the minor during the

pendency of the motion to assist the court in making that

determination. In the event that the minor has attained 18

years of age and the guardian or custodian petitions the court

for an order terminating his guardianship or custody,

guardianship or custody shall terminate automatically 30 days

after the receipt of the petition unless the court orders

otherwise. No legal custodian or guardian of the person may be

removed without his consent until given notice and an

opportunity to be heard by the court.

When the court orders a child restored to the custody of

the parent or parents, the court shall order the parent or

parents to cooperate with the Department of Children and

Family Services and comply with the terms of an after-care

plan, or risk the loss of custody of the child and possible

termination of their parental rights. The court may also enter

an order of protective supervision in accordance with Section

2-24.

If the minor is being restored to the custody of a parent,

legal custodian, or guardian who lives outside of Illinois,

and an Interstate Compact has been requested and refused, the

court may order the Department of Children and Family Services

to arrange for an assessment of the minor's proposed living

arrangement and for ongoing monitoring of the health, safety,

and best interest of the minor and compliance with any order of

protective supervision entered in accordance with Section

2-24.

(5) Whenever a parent, guardian, or legal custodian files

a motion for restoration of custody of the minor, and the minor

was adjudicated neglected, abused, or dependent as a result of

physical abuse, the court shall cause to be made an

investigation as to whether the movant has ever been charged

with or convicted of any criminal offense which would indicate

the likelihood of any further physical abuse to the minor.

Evidence of such criminal convictions shall be taken into

account in determining whether the minor can be cared for at

home without endangering his or her health or safety and

fitness of the parent, guardian, or legal custodian.

(a) Any agency of this State or any subdivision

thereof shall cooperate with the agent of the court in

providing any information sought in the investigation.

(b) The information derived from the investigation and

any conclusions or recommendations derived from the

information shall be provided to the parent, guardian, or

legal custodian seeking restoration of custody prior to

the hearing on fitness and the movant shall have an

opportunity at the hearing to refute the information or

contest its significance.

(c) All information obtained from any investigation

shall be confidential as provided in Section 5-150 of this

Act.

(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;

102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised

8-23-22.)

(705 ILCS 405/5-915)

Sec. 5-915. Expungement of juvenile law enforcement and

juvenile court records.

(0.05) (Blank).

(0.1) (a) The Illinois State Police and all law

enforcement agencies within the State shall automatically

expunge, on or before January 1 of each year, except as

described in paragraph (c) of subsection (0.1), all juvenile

law enforcement records relating to events occurring before an

individual's 18th birthday if:

(1) one year or more has elapsed since the date of the

arrest or law enforcement interaction documented in the

records;

(2) no petition for delinquency or criminal charges

were filed with the clerk of the circuit court relating to

the arrest or law enforcement interaction documented in

the records; and

(3) 6 months have elapsed since the date of the arrest

without an additional subsequent arrest or filing of a

petition for delinquency or criminal charges whether

related or not to the arrest or law enforcement

interaction documented in the records.

(b) If the law enforcement agency is unable to verify

satisfaction of conditions (2) and (3) of this subsection

(0.1), records that satisfy condition (1) of this subsection

(0.1) shall be automatically expunged if the records relate to

an offense that if committed by an adult would not be an

offense classified as a Class 2 felony or higher, an offense

under Article 11 of the Criminal Code of 1961 or Criminal Code

of 2012, or an offense under Section 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961.

(c) If the juvenile law enforcement record was received

through a public submission to a statewide student

confidential reporting system administered by the Illinois

State Police, the record will be maintained for a period of 5

years according to all other provisions in subsection (0.1).

(0.15) If a juvenile law enforcement record meets

paragraph (a) of subsection (0.1) of this Section, a juvenile

law enforcement record created:

(1) prior to January 1, 2018, but on or after January

1, 2013 shall be automatically expunged prior to January

1, 2020;

(2) prior to January 1, 2013, but on or after January

1, 2000, shall be automatically expunged prior to January

1, 2023; and

(3) prior to January 1, 2000 shall not be subject to

the automatic expungement provisions of this Act.

Nothing in this subsection (0.15) shall be construed to

restrict or modify an individual's right to have his or her

juvenile law enforcement records expunged except as otherwise

may be provided in this Act.

(0.2) (a) Upon dismissal of a petition alleging

delinquency or upon a finding of not delinquent, the

successful termination of an order of supervision, or the

successful termination of an adjudication for an offense which

would be a Class B misdemeanor, Class C misdemeanor, or a petty

or business offense if committed by an adult, the court shall

automatically order the expungement of the juvenile court

records and juvenile law enforcement records. The clerk shall

deliver a certified copy of the expungement order to the

Illinois State Police and the arresting agency. Upon request,

the State's Attorney shall furnish the name of the arresting

agency. The expungement shall be completed within 60 business

days after the receipt of the expungement order.

(b) If the chief law enforcement officer of the agency, or

his or her designee, certifies in writing that certain

information is needed for a pending investigation involving

the commission of a felony, that information, and information

identifying the juvenile, may be retained until the statute of

limitations for the felony has run. If the chief law

enforcement officer of the agency, or his or her designee,

certifies in writing that certain information is needed with

respect to an internal investigation of any law enforcement

office, that information and information identifying the

juvenile may be retained within an intelligence file until the

investigation is terminated or the disciplinary action,

including appeals, has been completed, whichever is later.

Retention of a portion of a juvenile's law enforcement record

does not disqualify the remainder of his or her record from

immediate automatic expungement.

(0.3) (a) Upon an adjudication of delinquency based on any

offense except a disqualified offense, the juvenile court

shall automatically order the expungement of the juvenile

court and law enforcement records 2 years after the juvenile's

case was closed if no delinquency or criminal proceeding is

pending and the person has had no subsequent delinquency

adjudication or criminal conviction. The clerk shall deliver a

certified copy of the expungement order to the Illinois State

Police and the arresting agency. Upon request, the State's

Attorney shall furnish the name of the arresting agency. The

expungement shall be completed within 60 business days after

the receipt of the expungement order. In this subsection

(0.3), "disqualified offense" means any of the following

offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,

10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,

11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,

12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,

12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,

18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,

24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,

31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or

subsection (b) of Section 8-1, paragraph (4) of subsection (a)

of Section 11-14.4, subsection (a-5) of Section 12-3.1,

paragraph (1), (2), or (3) of subsection (a) of Section 12-6,

subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or

(2) of subsection (a) of Section 12-7.4, subparagraph (i) of

paragraph (1) of subsection (a) of Section 12-9, subparagraph

(H) of paragraph (3) of subsection (a) of Section 24-1.6,

paragraph (1) of subsection (a) of Section 25-1, or subsection

(a-7) of Section 31-1 of the Criminal Code of 2012.

(b) If the chief law enforcement officer of the agency, or

his or her designee, certifies in writing that certain

information is needed for a pending investigation involving

the commission of a felony, that information, and information

identifying the juvenile, may be retained in an intelligence

file until the investigation is terminated or for one

additional year, whichever is sooner. Retention of a portion

of a juvenile's juvenile law enforcement record does not

disqualify the remainder of his or her record from immediate

automatic expungement.

(0.4) Automatic expungement for the purposes of this

Section shall not require law enforcement agencies to

obliterate or otherwise destroy juvenile law enforcement

records that would otherwise need to be automatically expunged

under this Act, except after 2 years following the subject

arrest for purposes of use in civil litigation against a

governmental entity or its law enforcement agency or personnel

which created, maintained, or used the records. However, these

juvenile law enforcement records shall be considered expunged

for all other purposes during this period and the offense,

which the records or files concern, shall be treated as if it

never occurred as required under Section 5-923.

(0.5) Subsection (0.1) or (0.2) of this Section does not

apply to violations of traffic, boating, fish and game laws,

or county or municipal ordinances.

(0.6) Juvenile law enforcement records of a plaintiff who

has filed civil litigation against the governmental entity or

its law enforcement agency or personnel that created,

maintained, or used the records, or juvenile law enforcement

records that contain information related to the allegations

set forth in the civil litigation may not be expunged until

after 2 years have elapsed after the conclusion of the

lawsuit, including any appeal.

(0.7) Officer-worn body camera recordings shall not be

automatically expunged except as otherwise authorized by the

Law Enforcement Officer-Worn Body Camera Act.

(1) Whenever a person has been arrested, charged, or

adjudicated delinquent for an incident occurring before his or

her 18th birthday that if committed by an adult would be an

offense, and that person's juvenile law enforcement and

juvenile court records are not eligible for automatic

expungement under subsection (0.1), (0.2), or (0.3), the

person may petition the court at any time for expungement of

juvenile law enforcement records and juvenile court records

relating to the incident and, upon termination of all juvenile

court proceedings relating to that incident, the court shall

order the expungement of all records in the possession of the

Illinois State Police, the clerk of the circuit court, and law

enforcement agencies relating to the incident, but only in any

of the following circumstances:

(a) the minor was arrested and no petition for

delinquency was filed with the clerk of the circuit court;

(a-5) the minor was charged with an offense and the

petition or petitions were dismissed without a finding of

delinquency;

(b) the minor was charged with an offense and was

found not delinquent of that offense;

(c) the minor was placed under supervision under

Section 5-615, and the order of supervision has since been

successfully terminated; or

(d) the minor was adjudicated for an offense which

would be a Class B misdemeanor, Class C misdemeanor, or a

petty or business offense if committed by an adult.

(1.5) The Illinois State Police shall allow a person to

use the Access and Review process, established in the Illinois

State Police, for verifying that his or her juvenile law

enforcement records relating to incidents occurring before his

or her 18th birthday eligible under this Act have been

expunged.

(1.6) (Blank).

(1.7) (Blank).

(1.8) (Blank).

(2) Any person whose delinquency adjudications are not

eligible for automatic expungement under subsection (0.3) of

this Section may petition the court to expunge all juvenile

law enforcement records relating to any incidents occurring

before his or her 18th birthday which did not result in

proceedings in criminal court and all juvenile court records

with respect to any adjudications except those based upon

first degree murder or an offense under Article 11 of the

Criminal Code of 2012 if the person is required to register

under the Sex Offender Registration Act at the time he or she

petitions the court for expungement; provided that 2 years

have elapsed since all juvenile court proceedings relating to

him or her have been terminated and his or her commitment to

the Department of Juvenile Justice under this Act has been

terminated.

(2.5) If a minor is arrested and no petition for

delinquency is filed with the clerk of the circuit court at the

time the minor is released from custody, the youth officer, if

applicable, or other designated person from the arresting

agency, shall notify verbally and in writing to the minor or

the minor's parents or guardians that the minor shall have an

arrest record and shall provide the minor and the minor's

parents or guardians with an expungement information packet,

information regarding this State's expungement laws including

a petition to expunge juvenile law enforcement and juvenile

court records obtained from the clerk of the circuit court.

(2.6) If a minor is referred to court, then, at the time of

sentencing, dismissal of the case, or successful completion of

supervision, the judge shall inform the delinquent minor of

his or her rights regarding expungement and the clerk of the

circuit court shall provide an expungement information packet

to the minor, written in plain language, including information

regarding this State's expungement laws and a petition for

expungement, a sample of a completed petition, expungement

instructions that shall include information informing the

minor that (i) once the case is expunged, it shall be treated

as if it never occurred, (ii) he or she may apply to have

petition fees waived, (iii) once he or she obtains an

expungement, he or she may not be required to disclose that he

or she had a juvenile law enforcement or juvenile court

record, and (iv) if petitioning he or she may file the petition

on his or her own or with the assistance of an attorney. The

failure of the judge to inform the delinquent minor of his or

her right to petition for expungement as provided by law does

not create a substantive right, nor is that failure grounds

for: (i) a reversal of an adjudication of delinquency; (ii) a

new trial; or (iii) an appeal.

(2.7) (Blank).

(2.8) (Blank).

(3) (Blank).

(3.1) (Blank).

(3.2) (Blank).

(3.3) (Blank).

(4) (Blank).

(5) (Blank).

(5.5) Whether or not expunged, records eligible for

automatic expungement under subdivision (0.1)(a), (0.2)(a), or

(0.3)(a) may be treated as expunged by the individual subject

to the records.

(6) (Blank).

(6.5) The Illinois State Police or any employee of the

Illinois State Police shall be immune from civil or criminal

liability for failure to expunge any records of arrest that

are subject to expungement under this Section because of

inability to verify a record. Nothing in this Section shall

create Illinois State Police liability or responsibility for

the expungement of juvenile law enforcement records it does

not possess.

(7) (Blank).

(7.5) (Blank).

(8) The expungement of juvenile law enforcement or

juvenile court records under subsection (0.1), (0.2), or (0.3)

of this Section shall be funded by appropriation by the

General Assembly for that purpose.

(9) (Blank).

(10) (Blank).

(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;

102-752, eff. 1-1-23; revised 8-23-22.)

Section 680. The Criminal Code of 2012 is amended by

changing Sections 11-35 and 24-2 as follows:

(720 ILCS 5/11-35) (was 720 ILCS 5/11-7)

Sec. 11-35. Adultery.

(a) A person commits adultery when he or she has sexual

intercourse with another not his or her spouse, if the

behavior is open and notorious, and:

(1) the The person is married and knows the other

person involved in such intercourse is not his spouse; or

(2) the The person is not married and knows that the

other person involved in such intercourse is married.

A person shall be exempt from prosecution under this

Section if his liability is based solely on evidence he has

given in order to comply with the requirements of Section

4-1.7 of the "The Illinois Public Aid Code", approved April

11, 1967, as amended.

(b) Sentence.

Adultery is a Class A misdemeanor.

(Source: P.A. 96-1551, eff. 7-1-11; revised 3-16-22.)

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

the following:

(1) Peace officers, and any person summoned by a peace

officer to assist in making arrests or preserving the

peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the

detention of persons accused or convicted of an offense,

while in the performance of their official duty, or while

commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard or the

Reserve Officers Training Corps, while in the performance

of their official duty.

(4) Special agents employed by a railroad or a public

utility to perform police functions, and guards of armored

car companies, while actually engaged in the performance

of the duties of their employment or commuting between

their homes and places of employment; and watchmen while

actually engaged in the performance of the duties of their

employment.

(5) Persons licensed as private security contractors,

private detectives, or private alarm contractors, or

employed by a private security contractor, private

detective, or private alarm contractor agency licensed by

the Department of Financial and Professional Regulation,

if their duties include the carrying of a weapon under the

provisions of the Private Detective, Private Alarm,

Private Security, Fingerprint Vendor, and Locksmith Act of

2004, while actually engaged in the performance of the

duties of their employment or commuting between their

homes and places of employment. A person shall be

considered eligible for this exemption if he or she has

completed the required 20 hours of training for a private

security contractor, private detective, or private alarm

contractor, or employee of a licensed private security

contractor, private detective, or private alarm contractor

agency and 28 hours of required firearm training, and has

been issued a firearm control card by the Department of

Financial and Professional Regulation. Conditions for the

renewal of firearm control cards issued under the

provisions of this Section shall be the same as for those

cards issued under the provisions of the Private

Detective, Private Alarm, Private Security, Fingerprint

Vendor, and Locksmith Act of 2004. The firearm control

card shall be carried by the private security contractor,

private detective, or private alarm contractor, or

employee of the licensed private security contractor,

private detective, or private alarm contractor agency at

all times when he or she is in possession of a concealable

weapon permitted by his or her firearm control card.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the

protection of persons employed and private property

related to such commercial or industrial operation, while

actually engaged in the performance of his or her duty or

traveling between sites or properties belonging to the

employer, and who, as a security guard, is a member of a

security force registered with the Department of Financial

and Professional Regulation; provided that such security

guard has successfully completed a course of study,

approved by and supervised by the Department of Financial

and Professional Regulation, consisting of not less than

48 hours of training that includes the theory of law

enforcement, liability for acts, and the handling of

weapons. A person shall be considered eligible for this

exemption if he or she has completed the required 20 hours

of training for a security officer and 28 hours of

required firearm training, and has been issued a firearm

control card by the Department of Financial and

Professional Regulation. Conditions for the renewal of

firearm control cards issued under the provisions of this

Section shall be the same as for those cards issued under

the provisions of the Private Detective, Private Alarm,

Private Security, Fingerprint Vendor, and Locksmith Act of

2004. The firearm control card shall be carried by the

security guard at all times when he or she is in possession

of a concealable weapon permitted by his or her firearm

control card.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the

Commission to carry the weapons specified in subsections

24-1(a)(3) and 24-1(a)(4), while on duty in the course of

any investigation for the Commission.

(8) Persons employed by a financial institution as a

security guard for the protection of other employees and

property related to such financial institution, while

actually engaged in the performance of their duties,

commuting between their homes and places of employment, or

traveling between sites or properties owned or operated by

such financial institution, and who, as a security guard,

is a member of a security force registered with the

Department; provided that any person so employed has

successfully completed a course of study, approved by and

supervised by the Department of Financial and Professional

Regulation, consisting of not less than 48 hours of

training which includes theory of law enforcement,

liability for acts, and the handling of weapons. A person

shall be considered to be eligible for this exemption if

he or she has completed the required 20 hours of training

for a security officer and 28 hours of required firearm

training, and has been issued a firearm control card by

the Department of Financial and Professional Regulation.

Conditions for renewal of firearm control cards issued

under the provisions of this Section shall be the same as

for those issued under the provisions of the Private

Detective, Private Alarm, Private Security, Fingerprint

Vendor, and Locksmith Act of 2004. The firearm control

card shall be carried by the security guard at all times

when he or she is in possession of a concealable weapon

permitted by his or her firearm control card. For purposes

of this subsection, "financial institution" means a bank,

savings and loan association, credit union or company

providing armored car services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the

performance of his duties.

(10) Persons who have been classified as peace

officers pursuant to the Peace Officer Fire Investigation

Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of

governors of the Office of the State's Attorneys Appellate

Prosecutor to carry weapons pursuant to Section 7.06 of

the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of

their duties, or while commuting between their homes,

places of employment or specific locations that are part

of their assigned duties, with the consent of the chief

judge of the circuit for which they are employed, if they

have received weapons training according to requirements

of the Peace Officer and Probation Officer Firearm

Training Act.

(13) Court Security Officers while in the performance

of their official duties, or while commuting between their

homes and places of employment, with the consent of the

Sheriff.

(13.5) A person employed as an armed security guard at

a nuclear energy, storage, weapons or development site or

facility regulated by the Nuclear Regulatory Commission

who has completed the background screening and training

mandated by the rules and regulations of the Nuclear

Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through

(13.5) of this subsection to possess those weapons.

(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

to or affect any person carrying a concealed pistol, revolver,

or handgun and the person has been issued a currently valid

license under the Firearm Concealed Carry Act at the time of

the commission of the offense.

(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

to or affect a qualified current or retired law enforcement

officer or a current or retired deputy, county correctional

officer, or correctional officer of the Department of

Corrections qualified under the laws of this State or under

the federal Law Enforcement Officers Safety Act.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for

the purpose of practicing shooting at targets upon

established target ranges, whether public or private, and

patrons of such ranges, while such members or patrons are

using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the

Governor.

(3) Hunters, trappers, or fishermen while engaged in

lawful hunting, trapping, or fishing under the provisions

of the Wildlife Code or the Fish and Aquatic Life Code.

(4) Transportation of weapons that are broken down in

a non-functioning state or are not immediately accessible.

(5) Carrying or possessing any pistol, revolver, stun

gun or taser or other firearm on the land or in the legal

dwelling of another person as an invitee with that

person's permission.

(c) Subsection 24-1(a)(7) does not apply to or affect any

of the following:

(1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the

detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while in

the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through

(3) of this subsection to possess machine guns, if the

machine guns are broken down in a non-functioning state or

are not immediately accessible.

(5) Persons licensed under federal law to manufacture

any weapon from which 8 or more shots or bullets can be

discharged by a single function of the firing device, or

ammunition for such weapons, and actually engaged in the

business of manufacturing such weapons or ammunition, but

only with respect to activities which are within the

lawful scope of such business, such as the manufacture,

transportation, or testing of such weapons or ammunition.

This exemption does not authorize the general private

possession of any weapon from which 8 or more shots or

bullets can be discharged by a single function of the

firing device, but only such possession and activities as

are within the lawful scope of a licensed manufacturing

business described in this paragraph.

During transportation, such weapons shall be broken

down in a non-functioning state or not immediately

accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or

experimental activities necessary thereto, of rifles,

shotguns, and weapons made from rifles or shotguns, or

ammunition for such rifles, shotguns or weapons, where

engaged in by a person operating as a contractor or

subcontractor pursuant to a contract or subcontract for

the development and supply of such rifles, shotguns,

weapons or ammunition to the United States government or

any branch of the Armed Forces of the United States, when

such activities are necessary and incident to fulfilling

the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such

contractor or subcontractor who is operating within the

scope of his employment, where such activities involving

such weapon, weapons or ammunition are necessary and

incident to fulfilling the terms of such contract.

(7) A person possessing a rifle with a barrel or

barrels less than 16 inches in length if: (A) the person

has been issued a Curios and Relics license from the U.S.

Bureau of Alcohol, Tobacco, Firearms and Explosives; or

(B) the person is an active member of a bona fide,

nationally recognized military re-enacting group and the

modification is required and necessary to accurately

portray the weapon for historical re-enactment purposes;

the re-enactor is in possession of a valid and current

re-enacting group membership credential; and the overall

length of the weapon as modified is not less than 26

inches.

(d) Subsection 24-1(a)(1) does not apply to the purchase,

possession or carrying of a black-jack or slung-shot by a

peace officer.

(e) Subsection 24-1(a)(8) does not apply to any owner,

manager or authorized employee of any place specified in that

subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

Section 24-1.6 do not apply to members of any club or

organization organized for the purpose of practicing shooting

at targets upon established target ranges, whether public or

private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

to:

(1) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while in

the performance of their official duty.

(2) Bonafide collectors of antique or surplus military

ordnance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of

ammunition or explosive ordnance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed

by the federal government, in connection with the supply

of those organizations and persons exempted by subdivision

(g)(1) of this Section, or like organizations and persons

outside this State, or the transportation of explosive

bullets to any organization or person exempted in this

Section by a common carrier or by a vehicle owned or leased

by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect

persons licensed under federal law to manufacture any device

or attachment of any kind designed, used, or intended for use

in silencing the report of any firearm, firearms, or

ammunition for those firearms equipped with those devices, and

actually engaged in the business of manufacturing those

devices, firearms, or ammunition, but only with respect to

activities that are within the lawful scope of that business,

such as the manufacture, transportation, or testing of those

devices, firearms, or ammunition. This exemption does not

authorize the general private possession of any device or

attachment of any kind designed, used, or intended for use in

silencing the report of any firearm, but only such possession

and activities as are within the lawful scope of a licensed

manufacturing business described in this subsection (g-5).

During transportation, these devices shall be detached from

any weapon or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

24-1.6 do not apply to or affect any parole agent or parole

supervisor who meets the qualifications and conditions

prescribed in Section 3-14-1.5 of the Unified Code of

Corrections.

(g-7) Subsection 24-1(a)(6) does not apply to a peace

officer while serving as a member of a tactical response team

or special operations team. A peace officer may not personally

own or apply for ownership of a device or attachment of any

kind designed, used, or intended for use in silencing the

report of any firearm. These devices shall be owned and

maintained by lawfully recognized units of government whose

duties include the investigation of criminal acts.

(g-10) (Blank).

(h) An information or indictment based upon a violation of

any subsection of this Article need not negative any

exemptions contained in this Article. The defendant shall have

the burden of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or

affect the transportation, carrying, or possession, of any

pistol or revolver, stun gun, taser, or other firearm

consigned to a common carrier operating under license of the

State of Illinois or the federal government, where such

transportation, carrying, or possession is incident to the

lawful transportation in which such common carrier is engaged;

and nothing in this Article shall prohibit, apply to, or

affect the transportation, carrying, or possession of any

pistol, revolver, stun gun, taser, or other firearm, not the

subject of and regulated by subsection 24-1(a)(7) or

subsection 24-2(c) of this Article, which is unloaded and

enclosed in a case, firearm carrying box, shipping box, or

other container, by the possessor of a valid Firearm Owners

Identification Card.

(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;

102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised

12-14-22.)

Section 685. The Illinois Controlled Substances Act is

amended by changing Section 312 as follows:

(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)

Sec. 312. Requirements for dispensing controlled

substances.

(a) A practitioner, in good faith, may dispense a Schedule

II controlled substance, which is a narcotic drug listed in

Section 206 of this Act; or which contains any quantity of

amphetamine or methamphetamine, their salts, optical isomers

or salts of optical isomers; phenmetrazine and its salts; or

pentazocine; and Schedule III, IV, or V controlled substances

to any person upon a written or electronic prescription of any

prescriber, dated and signed by the person prescribing (or

electronically validated in compliance with Section 311.5) on

the day when issued and bearing the name and address of the

patient for whom, or the owner of the animal for which the

controlled substance is dispensed, and the full name, address

and registry number under the laws of the United States

relating to controlled substances of the prescriber, if he or

she is required by those laws to be registered. If the

prescription is for an animal it shall state the species of

animal for which it is ordered. The practitioner filling the

prescription shall, unless otherwise permitted, write the date

of filling and his or her own signature on the face of the

written prescription or, alternatively, shall indicate such

filling using a unique identifier as defined in paragraph (v)

of Section 3 of the Pharmacy Practice Act. The written

prescription shall be retained on file by the practitioner who

filled it or pharmacy in which the prescription was filled for

a period of 2 years, so as to be readily accessible for

inspection or removal by any officer or employee engaged in

the enforcement of this Act. Whenever the practitioner's or

pharmacy's copy of any prescription is removed by an officer

or employee engaged in the enforcement of this Act, for the

purpose of investigation or as evidence, such officer or

employee shall give to the practitioner or pharmacy a receipt

in lieu thereof. If the specific prescription is machine or

computer generated and printed at the prescriber's office, the

date does not need to be handwritten. A prescription for a

Schedule II controlled substance shall not be issued for more

than a 30 day supply, except as provided in subsection (a-5),

and shall be valid for up to 90 days after the date of

issuance. A written prescription for Schedule III, IV or V

controlled substances shall not be filled or refilled more

than 6 months after the date thereof or refilled more than 5

times unless renewed, in writing, by the prescriber. A

pharmacy shall maintain a policy regarding the type of

identification necessary, if any, to receive a prescription in

accordance with State and federal law. The pharmacy must post

such information where prescriptions are filled.

(a-5) Physicians may issue multiple prescriptions (3

sequential 30-day supplies) for the same Schedule II

controlled substance, authorizing up to a 90-day supply.

Before authorizing a 90-day supply of a Schedule II controlled

substance, the physician must meet the following conditions:

(1) Each separate prescription must be issued for a

legitimate medical purpose by an individual physician

acting in the usual course of professional practice.

(2) The individual physician must provide written

instructions on each prescription (other than the first

prescription, if the prescribing physician intends for the

prescription to be filled immediately) indicating the

earliest date on which a pharmacy may fill that

prescription.

(3) The physician shall document in the medical record

of a patient the medical necessity for the amount and

duration of the 3 sequential 30-day prescriptions for

Schedule II narcotics.

(a-10) Prescribers who issue a prescription for an opioid

shall inform the patient that opioids are addictive and that

opioid antagonists are available by prescription or from a

pharmacy.

(b) In lieu of a written prescription required by this

Section, a pharmacist, in good faith, may dispense Schedule

III, IV, or V substances to any person either upon receiving a

facsimile of a written, signed prescription transmitted by the

prescriber or the prescriber's agent or upon a lawful oral

prescription of a prescriber which oral prescription shall be

reduced promptly to writing by the pharmacist and such written

memorandum thereof shall be dated on the day when such oral

prescription is received by the pharmacist and shall bear the

full name and address of the ultimate user for whom, or of the

owner of the animal for which the controlled substance is

dispensed, and the full name, address, and registry number

under the law of the United States relating to controlled

substances of the prescriber prescribing if he or she is

required by those laws to be so registered, and the pharmacist

filling such oral prescription shall write the date of filling

and his or her own signature on the face of such written

memorandum thereof. The facsimile copy of the prescription or

written memorandum of the oral prescription shall be retained

on file by the proprietor of the pharmacy in which it is filled

for a period of not less than two years, so as to be readily

accessible for inspection by any officer or employee engaged

in the enforcement of this Act in the same manner as a written

prescription. The facsimile copy of the prescription or oral

prescription and the written memorandum thereof shall not be

filled or refilled more than 6 months after the date thereof or

be refilled more than 5 times, unless renewed, in writing, by

the prescriber.

(c) Except for any non-prescription targeted

methamphetamine precursor regulated by the Methamphetamine

Precursor Control Act, a controlled substance included in

Schedule V shall not be distributed or dispensed other than

for a medical purpose and not for the purpose of evading this

Act, and then:

(1) only personally by a person registered to dispense

a Schedule V controlled substance and then only to his or

her patients, or

(2) only personally by a pharmacist, and then only to

a person over 21 years of age who has identified himself or

herself to the pharmacist by means of 2 positive documents

of identification.

The (3) the dispenser shall record the name and address of

the purchaser, the name and quantity of the product, the date

and time of the sale, and the dispenser's signature.

No (4) no person shall purchase or be dispensed more than

120 milliliters or more than 120 grams of any Schedule V

substance which contains codeine, dihydrocodeine, or any salts

thereof, or ethylmorphine, or any salts thereof, in any

96-hour 96 hour period. The purchaser shall sign a form,

approved by the Department of Financial and Professional

Regulation, attesting that he or she has not purchased any

Schedule V controlled substances within the immediately

preceding 96 hours.

(5) (Blank).

All (6) all records of purchases and sales shall be

maintained for not less than 2 years.

No (7) no person shall obtain or attempt to obtain within

any consecutive 96-hour 96 hour period any Schedule V

substances of more than 120 milliliters or more than 120 grams

containing codeine, dihydrocodeine or any of its salts, or

ethylmorphine or any of its salts. Any person obtaining any

such preparations or combination of preparations in excess of

this limitation shall be in unlawful possession of such

controlled substance.

A (8) a person qualified to dispense controlled substances

under this Act and registered thereunder shall at no time

maintain or keep in stock a quantity of Schedule V controlled

substances in excess of 4.5 liters for each substance; a

pharmacy shall at no time maintain or keep in stock a quantity

of Schedule V controlled substances as defined in excess of

4.5 liters for each substance, plus the additional quantity of

controlled substances necessary to fill the largest number of

prescription orders filled by that pharmacy for such

controlled substances in any one week in the previous year.

These limitations shall not apply to Schedule V controlled

substances which Federal law prohibits from being dispensed

without a prescription.

No (9) no person shall distribute or dispense butyl

nitrite for inhalation or other introduction into the human

body for euphoric or physical effect.

(d) Every practitioner shall keep a record or log of

controlled substances received by him or her and a record of

all such controlled substances administered, dispensed or

professionally used by him or her otherwise than by

prescription. It shall, however, be sufficient compliance with

this paragraph if any practitioner utilizing controlled

substances listed in Schedules III, IV and V shall keep a

record of all those substances dispensed and distributed by

him or her other than those controlled substances which are

administered by the direct application of a controlled

substance, whether by injection, inhalation, ingestion, or any

other means to the body of a patient or research subject. A

practitioner who dispenses, other than by administering, a

controlled substance in Schedule II, which is a narcotic drug

listed in Section 206 of this Act, or which contains any

quantity of amphetamine or methamphetamine, their salts,

optical isomers or salts of optical isomers, pentazocine, or

methaqualone shall do so only upon the issuance of a written

prescription blank or electronic prescription issued by a

prescriber.

(e) Whenever a manufacturer distributes a controlled

substance in a package prepared by him or her, and whenever a

wholesale distributor distributes a controlled substance in a

package prepared by him or her or the manufacturer, he or she

shall securely affix to each package in which that substance

is contained a label showing in legible English the name and

address of the manufacturer, the distributor and the quantity,

kind and form of controlled substance contained therein. No

person except a pharmacist and only for the purposes of

filling a prescription under this Act, shall alter, deface or

remove any label so affixed.

(f) Whenever a practitioner dispenses any controlled

substance except a non-prescription Schedule V product or a

non-prescription targeted methamphetamine precursor regulated

by the Methamphetamine Precursor Control Act, he or she shall

affix to the container in which such substance is sold or

dispensed, a label indicating the date of initial filling, the

practitioner's name and address, the name of the patient, the

name of the prescriber, the directions for use and cautionary

statements, if any, contained in any prescription or required

by law, the proprietary name or names or the established name

of the controlled substance, and the dosage and quantity,

except as otherwise authorized by regulation by the Department

of Financial and Professional Regulation. No person shall

alter, deface or remove any label so affixed as long as the

specific medication remains in the container.

(g) A person to whom or for whose use any controlled

substance has been prescribed or dispensed by a practitioner,

or other persons authorized under this Act, and the owner of

any animal for which such substance has been prescribed or

dispensed by a veterinarian, may lawfully possess such

substance only in the container in which it was delivered to

him or her by the person dispensing such substance.

(h) The responsibility for the proper prescribing or

dispensing of controlled substances that are under the

prescriber's direct control is upon the prescriber. The

responsibility for the proper filling of a prescription for

controlled substance drugs rests with the pharmacist. An order

purporting to be a prescription issued to any individual,

which is not in the regular course of professional treatment

nor part of an authorized methadone maintenance program, nor

in legitimate and authorized research instituted by any

accredited hospital, educational institution, charitable

foundation, or federal, state or local governmental agency,

and which is intended to provide that individual with

controlled substances sufficient to maintain that individual's

or any other individual's physical or psychological addiction,

habitual or customary use, dependence, or diversion of that

controlled substance is not a prescription within the meaning

and intent of this Act; and the person issuing it, shall be

subject to the penalties provided for violations of the law

relating to controlled substances.

(i) A prescriber shall not pre-print or cause to be

pre-printed a prescription for any controlled substance; nor

shall any practitioner issue, fill or cause to be issued or

filled, a pre-printed prescription for any controlled

substance.

(i-5) A prescriber may use a machine or electronic device

to individually generate a printed prescription, but the

prescriber is still required to affix his or her manual

signature.

(j) No person shall manufacture, dispense, deliver,

possess with intent to deliver, prescribe, or administer or

cause to be administered under his or her direction any

anabolic steroid, for any use in humans other than the

treatment of disease in accordance with the order of a

physician licensed to practice medicine in all its branches

for a valid medical purpose in the course of professional

practice. The use of anabolic steroids for the purpose of

hormonal manipulation that is intended to increase muscle

mass, strength or weight without a medical necessity to do so,

or for the intended purpose of improving physical appearance

or performance in any form of exercise, sport, or game, is not

a valid medical purpose or in the course of professional

practice.

(k) Controlled substances may be mailed if all of the

following conditions are met:

(1) The controlled substances are not outwardly

dangerous and are not likely, of their own force, to cause

injury to a person's life or health.

(2) The inner container of a parcel containing

controlled substances must be marked and sealed as

required under this Act and its rules, and be placed in a

plain outer container or securely wrapped in plain paper.

(3) If the controlled substances consist of

prescription medicines, the inner container must be

labeled to show the name and address of the pharmacy or

practitioner dispensing the prescription.

(4) The outside wrapper or container must be free of

markings that would indicate the nature of the contents.

(l) Notwithstanding any other provision of this Act to the

contrary, emergency medical services personnel may administer

Schedule II, III, IV, or V controlled substances to a person in

the scope of their employment without a written, electronic,

or oral prescription of a prescriber.

(Source: P.A. 102-1040, eff. 1-1-23; revised 12-30-22.)

Section 690. The Code of Criminal Procedure of 1963 is

amended by changing Sections 110-1, 112A-5.5, and 115-11 as

follows:

(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)

Sec. 110-1. Definitions. As used in this Article:

(a) (Blank).

(b) "Sureties" encompasses the nonmonetary requirements

set by the court as conditions for release either before or

after conviction.

(c) The phrase "for which a sentence of imprisonment,

without conditional and revocable release, shall be imposed by

law as a consequence of conviction" means an offense for which

a sentence of imprisonment in the Department of Corrections,

without probation, periodic imprisonment or conditional

discharge, is required by law upon conviction.

(d)(Blank).

(e) "Protective order" means any order of protection

issued under Section 112A-14 of this Code or the Illinois

Domestic Violence Act of 1986, a stalking no contact order

issued under Section 80 of the Stalking No Contact Order Act,

or a civil no contact order issued under Section 213 of the

Civil No Contact Order Act.

(f) "Willful flight" means intentional conduct with a

purpose to thwart the judicial process to avoid prosecution.

Isolated instances of nonappearance in court alone are not

evidence of the risk of willful flight. Reoccurrence and

patterns of intentional conduct to evade prosecution, along

with any affirmative steps to communicate or remedy any such

missed court date, may be considered as factors in assessing

future intent to evade prosecution.

(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;

102-1104, eff. 1-1-23; revised 12-13-22.)

(725 ILCS 5/112A-5.5)

Sec. 112A-5.5. Time for filing petition; service on

respondent, hearing on petition, and default orders.

(a) A petition for a protective order may be filed at any

time, in person in-person or online, after a criminal charge

or delinquency petition is filed and before the charge or

delinquency petition is dismissed, the defendant or juvenile

is acquitted, or the defendant or juvenile completes service

of his or her sentence.

(b) The request for an ex parte protective order may be

considered without notice to the respondent under Section

112A-17.5 of this Code.

(c) A summons shall be issued and served for a protective

order. The summons may be served by delivery to the respondent

personally in open court in the criminal or juvenile

delinquency proceeding, in the form prescribed by subsection

(d) of Supreme Court Rule 101, except that it shall require the

respondent to answer or appear within 7 days. Attachments to

the summons shall include the petition for protective order,

supporting affidavits, if any, and any ex parte protective

order that has been issued.

(d) The summons shall be served by the sheriff or other law

enforcement officer at the earliest time available and shall

take precedence over any other summons, except those of a

similar emergency nature. Attachments to the summons shall

include the petition for protective order, supporting

affidavits, if any, and any ex parte protective order that has

been issued. Special process servers may be appointed at any

time and their designation shall not affect the

responsibilities and authority of the sheriff or other

official process servers. In a county with a population over

3,000,000, a special process server may not be appointed if

the protective order grants the surrender of a child, the

surrender of a firearm or Firearm Owner's Identification Card,

or the exclusive possession of a shared residence.

(e) If the respondent is not served within 30 days of the

filing of the petition, the court shall schedule a court

proceeding on the issue of service. Either the petitioner, the

petitioner's counsel, or the State's Attorney shall appear and

the court shall either order continued attempts at personal

service or shall order service by publication, in accordance

with Sections 2-203, 2-206, and 2-207 of the Code of Civil

Procedure.

(f) The request for a final protective order can be

considered at any court proceeding in the delinquency or

criminal case after service of the petition. If the petitioner

has not been provided notice of the court proceeding at least

10 days in advance of the proceeding, the court shall schedule

a hearing on the petition and provide notice to the

petitioner.

(f-5) A court in a county with a population above 250,000

shall offer the option of a remote hearing to a petitioner for

a protective order. The court has the discretion to grant or

deny the request for a remote hearing. Each court shall

determine the procedure for a remote hearing. The petitioner

and respondent may appear remotely or in person in-person.

The court shall issue and publish a court order, standing

order, or local rule detailing information about the process

for requesting and participating in a remote court appearance.

The court order, standing order, or local rule shall be

published on the court's website and posted on signs

throughout the courthouse, including in the clerk's office.

The sign shall be written in plain language and include

information about the availability of remote court appearances

and the process for requesting a remote hearing.

(g) Default orders.

(1) A final domestic violence order of protection may

be entered by default:

(A) for any of the remedies sought in the

petition, if the respondent has been served with

documents under subsection (b) or (c) of this Section

and if the respondent fails to appear on the specified

return date or any subsequent hearing date agreed to

by the petitioner and respondent or set by the court;

or

(B) for any of the remedies provided under

paragraph (1), (2), (3), (5), (6), (7), (8), (9),

(10), (11), (14), (15), (17), or (18) of subsection

(b) of Section 112A-14 of this Code, or if the

respondent fails to answer or appear in accordance

with the date set in the publication notice or the

return date indicated on the service of a household

member.

(2) A final civil no contact order may be entered by

default for any of the remedies provided in Section

112A-14.5 of this Code, if the respondent has been served

with documents under subsection (b) or (c) of this

Section, and if the respondent fails to answer or appear

in accordance with the date set in the publication notice

or the return date indicated on the service of a household

member.

(3) A final stalking no contact order may be entered

by default for any of the remedies provided by Section

112A-14.7 of this Code, if the respondent has been served

with documents under subsection (b) or (c) of this Section

and if the respondent fails to answer or appear in

accordance with the date set in the publication notice or

the return date indicated on the service of a household

member.

(Source: P.A. 102-853, eff. 1-1-23; revised 12-12-22.)

(725 ILCS 5/115-11) (from Ch. 38, par. 115-11)

Sec. 115-11. In a prosecution for a criminal offense

defined in Article 11 or in Section 11-1.20, 11-1.30, 11-1.40,

11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

the Criminal Code of 1961 or the Criminal Code of 2012, when

the alleged victim of the offense was a minor under 18 years of

age at the time of the offense, the court may exclude from the

proceedings while the victim is testifying, regardless of the

alleged victim's age at the time of the victim's courtroom

testimony, all persons, who, in the opinion of the court, do

not have a direct interest in the case, except the media. When

the court publishes to the trier of fact videos, photographs,

or any depiction of a minor under 18 years of age engaged in a

sex act, the court may exclude from the proceedings all

persons, who, in the opinion of the court, do not have a direct

interest in the case, except the media. The court shall enter

its finding that particular parties are disinterested and the

basis for that finding into the record.

(Source: P.A. 102-994, eff. 5-27-22; revised 8-19-22.)

Section 695. The Unified Code of Corrections is amended by

changing Sections 3-5-1, 3-6-3, 3-6-7.3, and 3-7-2 as follows:

(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)

Sec. 3-5-1. Master Record File.

(a) The Department of Corrections and the Department of

Juvenile Justice shall maintain a master record file on each

person committed to it, which shall contain the following

information:

(1) all information from the committing court;

(1.5) ethnic and racial background data collected in

accordance with Section 4.5 of the Criminal Identification

Act;

(2) reception summary;

(3) evaluation and assignment reports and

recommendations;

(4) reports as to program assignment and progress;

(5) reports of disciplinary infractions and

disposition, including tickets and Administrative Review

Board action;

(6) any parole or aftercare release plan;

(7) any parole or aftercare release reports;

(8) the date and circumstances of final discharge;

(9) criminal history;

(10) current and past gang affiliations and ranks;

(11) information regarding associations and family

relationships;

(12) any grievances filed and responses to those

grievances; and

(13) other information that the respective Department

determines is relevant to the secure confinement and

rehabilitation of the committed person.

(b) All files shall be confidential and access shall be

limited to authorized personnel of the respective Department

or by disclosure in accordance with a court order or subpoena.

Personnel of other correctional, welfare or law enforcement

agencies may have access to files under rules and regulations

of the respective Department. The respective Department shall

keep a record of all outside personnel who have access to

files, the files reviewed, any file material copied, and the

purpose of access. If the respective Department or the

Prisoner Review Board makes a determination under this Code

which affects the length of the period of confinement or

commitment, the committed person and his counsel shall be

advised of factual information relied upon by the respective

Department or Board to make the determination, provided that

the Department or Board shall not be required to advise a

person committed to the Department of Juvenile Justice any

such information which in the opinion of the Department of

Juvenile Justice or Board would be detrimental to his

treatment or rehabilitation.

(c) The master file shall be maintained at a place

convenient to its use by personnel of the respective

Department in charge of the person. When custody of a person is

transferred from the Department to another department or

agency, a summary of the file shall be forwarded to the

receiving agency with such other information required by law

or requested by the agency under rules and regulations of the

respective Department.

(d) The master file of a person no longer in the custody of

the respective Department shall be placed on inactive status

and its use shall be restricted subject to rules and

regulations of the Department.

(e) All public agencies may make available to the

respective Department on request any factual data not

otherwise privileged as a matter of law in their possession in

respect to individuals committed to the respective Department.

(f) A committed person may request a summary of the

committed person's master record file once per year and the

committed person's attorney may request one summary of the

committed person's master record file once per year. The

Department shall create a form for requesting this summary,

and shall make that form available to committed persons and to

the public on its website. Upon receipt of the request form,

the Department shall provide the summary within 15 days. The

summary must contain, unless otherwise prohibited by law:

(1) the person's name, ethnic, racial, and other

identifying information;

(2) all digitally available information from the

committing court;

(3) all information in the Offender 360 system on the

person's criminal history;

(4) the person's complete assignment history in the

Department of Corrections;

(5) the person's disciplinary card;

(6) additional records about up to 3 specific

disciplinary incidents as identified by the requester;

(7) any available records about up to 5 specific

grievances filed by the person, as identified by the

requester; and

(8) the records of all grievances filed on or after

January 1, 2023.

Notwithstanding any provision of this subsection (f) to

the contrary, a committed person's master record file is not

subject to disclosure and copying under the Freedom of

Information Act.

(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;

revised 12-14-22.)

(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

Sec. 3-6-3. Rules and regulations for sentence credit.

(a)(1) The Department of Corrections shall prescribe rules

and regulations for awarding and revoking sentence credit for

persons committed to the Department of Corrections and the

Department of Juvenile Justice shall prescribe rules and

regulations for awarding and revoking sentence credit for

persons committed to the Department of Juvenile Justice under

Section 5-8-6 of the Unified Code of Corrections, which shall

be subject to review by the Prisoner Review Board.

(1.5) As otherwise provided by law, sentence credit may be

awarded for the following:

(A) successful completion of programming while in

custody of the Department of Corrections or the Department

of Juvenile Justice or while in custody prior to

sentencing;

(B) compliance with the rules and regulations of the

Department; or

(C) service to the institution, service to a

community, or service to the State.

(2) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide, with respect to offenses listed in clause (i),

(ii), or (iii) of this paragraph (2) committed on or after June

19, 1998 or with respect to the offense listed in clause (iv)

of this paragraph (2) committed on or after June 23, 2005 (the

effective date of Public Act 94-71) or with respect to offense

listed in clause (vi) committed on or after June 1, 2008 (the

effective date of Public Act 95-625) or with respect to the

offense of being an armed habitual criminal committed on or

after August 2, 2005 (the effective date of Public Act 94-398)

or with respect to the offenses listed in clause (v) of this

paragraph (2) committed on or after August 13, 2007 (the

effective date of Public Act 95-134) or with respect to the

offense of aggravated domestic battery committed on or after

July 23, 2010 (the effective date of Public Act 96-1224) or

with respect to the offense of attempt to commit terrorism

committed on or after January 1, 2013 (the effective date of

Public Act 97-990), the following:

(i) that a prisoner who is serving a term of

imprisonment for first degree murder or for the offense of

terrorism shall receive no sentence credit and shall serve

the entire sentence imposed by the court;

(ii) that a prisoner serving a sentence for attempt to

commit terrorism, attempt to commit first degree murder,

solicitation of murder, solicitation of murder for hire,

intentional homicide of an unborn child, predatory

criminal sexual assault of a child, aggravated criminal

sexual assault, criminal sexual assault, aggravated

kidnapping, aggravated battery with a firearm as described

in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

or (e)(4) of Section 12-3.05, heinous battery as described

in Section 12-4.1 or subdivision (a)(2) of Section

12-3.05, being an armed habitual criminal, aggravated

battery of a senior citizen as described in Section 12-4.6

or subdivision (a)(4) of Section 12-3.05, or aggravated

battery of a child as described in Section 12-4.3 or

subdivision (b)(1) of Section 12-3.05 shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home

invasion, armed robbery, aggravated vehicular hijacking,

aggravated discharge of a firearm, or armed violence with

a category I weapon or category II weapon, when the court

has made and entered a finding, pursuant to subsection

(c-1) of Section 5-4-1 of this Code, that the conduct

leading to conviction for the enumerated offense resulted

in great bodily harm to a victim, shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment;

(iv) that a prisoner serving a sentence for aggravated

discharge of a firearm, whether or not the conduct leading

to conviction for the offense resulted in great bodily

harm to the victim, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment;

(v) that a person serving a sentence for gunrunning,

narcotics racketeering, controlled substance trafficking,

methamphetamine trafficking, drug-induced homicide,

aggravated methamphetamine-related child endangerment,

money laundering pursuant to clause (c) (4) or (5) of

Section 29B-1 of the Criminal Code of 1961 or the Criminal

Code of 2012, or a Class X felony conviction for delivery

of a controlled substance, possession of a controlled

substance with intent to manufacture or deliver,

calculated criminal drug conspiracy, criminal drug

conspiracy, street gang criminal drug conspiracy,

participation in methamphetamine manufacturing,

aggravated participation in methamphetamine

manufacturing, delivery of methamphetamine, possession

with intent to deliver methamphetamine, aggravated

delivery of methamphetamine, aggravated possession with

intent to deliver methamphetamine, methamphetamine

conspiracy when the substance containing the controlled

substance or methamphetamine is 100 grams or more shall

receive no more than 7.5 days sentence credit for each

month of his or her sentence of imprisonment;

(vi) that a prisoner serving a sentence for a second

or subsequent offense of luring a minor shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment; and

(vii) that a prisoner serving a sentence for

aggravated domestic battery shall receive no more than 4.5

days of sentence credit for each month of his or her

sentence of imprisonment.

(2.1) For all offenses, other than those enumerated in

subdivision (a)(2)(i), (ii), or (iii) committed on or after

June 19, 1998 or subdivision (a)(2)(iv) committed on or after

June 23, 2005 (the effective date of Public Act 94-71) or

subdivision (a)(2)(v) committed on or after August 13, 2007

(the effective date of Public Act 95-134) or subdivision

(a)(2)(vi) committed on or after June 1, 2008 (the effective

date of Public Act 95-625) or subdivision (a)(2)(vii)

committed on or after July 23, 2010 (the effective date of

Public Act 96-1224), and other than the offense of aggravated

driving under the influence of alcohol, other drug or drugs,

or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (F) of paragraph (1) of

subsection (d) of Section 11-501 of the Illinois Vehicle Code,

and other than the offense of aggravated driving under the

influence of alcohol, other drug or drugs, or intoxicating

compound or compounds, or any combination thereof as defined

in subparagraph (C) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code committed on or

after January 1, 2011 (the effective date of Public Act

96-1230), the rules and regulations shall provide that a

prisoner who is serving a term of imprisonment shall receive

one day of sentence credit for each day of his or her sentence

of imprisonment or recommitment under Section 3-3-9. Each day

of sentence credit shall reduce by one day the prisoner's

period of imprisonment or recommitment under Section 3-3-9.

(2.2) A prisoner serving a term of natural life

imprisonment or a prisoner who has been sentenced to death

shall receive no sentence credit.

(2.3) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds, or any

combination thereof as defined in subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment.

(2.4) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide with respect to the offenses of aggravated

battery with a machine gun or a firearm equipped with any

device or attachment designed or used for silencing the report

of a firearm or aggravated discharge of a machine gun or a

firearm equipped with any device or attachment designed or

used for silencing the report of a firearm, committed on or

after July 15, 1999 (the effective date of Public Act 91-121),

that a prisoner serving a sentence for any of these offenses

shall receive no more than 4.5 days of sentence credit for each

month of his or her sentence of imprisonment.

(2.5) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated arson committed on or after July 27, 2001 (the

effective date of Public Act 92-176) shall receive no more

than 4.5 days of sentence credit for each month of his or her

sentence of imprisonment.

(2.6) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds or any

combination thereof as defined in subparagraph (C) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code committed on or after January 1, 2011

(the effective date of Public Act 96-1230) shall receive no

more than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment.

(3) In addition to the sentence credits earned under

paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

subsection (a), the rules and regulations shall also provide

that the Director of Corrections or the Director of Juvenile

Justice may award up to 180 days of earned sentence credit for

prisoners serving a sentence of incarceration of less than 5

years, and up to 365 days of earned sentence credit for

prisoners serving a sentence of 5 years or longer. The

Director may grant this credit for good conduct in specific

instances as either Director deems proper for eligible persons

in the custody of each Director's respective Department. The

good conduct may include, but is not limited to, compliance

with the rules and regulations of the Department, service to

the Department, service to a community, or service to the

State.

Eligible inmates for an award of earned sentence credit

under this paragraph (3) may be selected to receive the credit

at either Director's or his or her designee's sole discretion.

Eligibility for the additional earned sentence credit under

this paragraph (3) may be based on, but is not limited to,

participation in programming offered by the Department as

appropriate for the prisoner based on the results of any

available risk/needs assessment or other relevant assessments

or evaluations administered by the Department using a

validated instrument, the circumstances of the crime,

demonstrated commitment to rehabilitation by a prisoner with a

history of conviction for a forcible felony enumerated in

Section 2-8 of the Criminal Code of 2012, the inmate's

behavior and improvements in disciplinary history while

incarcerated, and the inmate's commitment to rehabilitation,

including participation in programming offered by the

Department.

The Director of Corrections or the Director of Juvenile

Justice shall not award sentence credit under this paragraph

(3) to an inmate unless the inmate has served a minimum of 60

days of the sentence; except nothing in this paragraph shall

be construed to permit either Director to extend an inmate's

sentence beyond that which was imposed by the court. Prior to

awarding credit under this paragraph (3), each Director shall

make a written determination that the inmate:

(A) is eligible for the earned sentence credit;

(B) has served a minimum of 60 days, or as close to 60

days as the sentence will allow;

(B-1) has received a risk/needs assessment or other

relevant evaluation or assessment administered by the

Department using a validated instrument; and

(C) has met the eligibility criteria established by

rule for earned sentence credit.

The Director of Corrections or the Director of Juvenile

Justice shall determine the form and content of the written

determination required in this subsection.

(3.5) The Department shall provide annual written reports

to the Governor and the General Assembly on the award of earned

sentence credit no later than February 1 of each year. The

Department must publish both reports on its website within 48

hours of transmitting the reports to the Governor and the

General Assembly. The reports must include:

(A) the number of inmates awarded earned sentence

credit;

(B) the average amount of earned sentence credit

awarded;

(C) the holding offenses of inmates awarded earned

sentence credit; and

(D) the number of earned sentence credit revocations.

(4)(A) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that any prisoner who is engaged full-time in substance abuse

programs, correctional industry assignments, educational

programs, work-release programs or activities in accordance

with Article 13 of Chapter III of this Code, behavior

modification programs, life skills courses, or re-entry

planning provided by the Department under this paragraph (4)

and satisfactorily completes the assigned program as

determined by the standards of the Department, shall receive

one day of sentence credit for each day in which that prisoner

is engaged in the activities described in this paragraph. The

rules and regulations shall also provide that sentence credit

may be provided to an inmate who was held in pre-trial

detention prior to his or her current commitment to the

Department of Corrections and successfully completed a

full-time, 60-day or longer substance abuse program,

educational program, behavior modification program, life

skills course, or re-entry planning provided by the county

department of corrections or county jail. Calculation of this

county program credit shall be done at sentencing as provided

in Section 5-4.5-100 of this Code and shall be included in the

sentencing order. The rules and regulations shall also provide

that sentence credit may be provided to an inmate who is in

compliance with programming requirements in an adult

transition center.

(B) The Department shall award sentence credit under this

paragraph (4) accumulated prior to January 1, 2020 (the

effective date of Public Act 101-440) in an amount specified

in subparagraph (C) of this paragraph (4) to an inmate serving

a sentence for an offense committed prior to June 19, 1998, if

the Department determines that the inmate is entitled to this

sentence credit, based upon:

(i) documentation provided by the Department that the

inmate engaged in any full-time substance abuse programs,

correctional industry assignments, educational programs,

behavior modification programs, life skills courses, or

re-entry planning provided by the Department under this

paragraph (4) and satisfactorily completed the assigned

program as determined by the standards of the Department

during the inmate's current term of incarceration; or

(ii) the inmate's own testimony in the form of an

affidavit or documentation, or a third party's

documentation or testimony in the form of an affidavit

that the inmate likely engaged in any full-time substance

abuse programs, correctional industry assignments,

educational programs, behavior modification programs, life

skills courses, or re-entry planning provided by the

Department under paragraph (4) and satisfactorily

completed the assigned program as determined by the

standards of the Department during the inmate's current

term of incarceration.

(C) If the inmate can provide documentation that he or she

is entitled to sentence credit under subparagraph (B) in

excess of 45 days of participation in those programs, the

inmate shall receive 90 days of sentence credit. If the inmate

cannot provide documentation of more than 45 days of

participation in those programs, the inmate shall receive 45

days of sentence credit. In the event of a disagreement

between the Department and the inmate as to the amount of

credit accumulated under subparagraph (B), if the Department

provides documented proof of a lesser amount of days of

participation in those programs, that proof shall control. If

the Department provides no documentary proof, the inmate's

proof as set forth in clause (ii) of subparagraph (B) shall

control as to the amount of sentence credit provided.

(D) If the inmate has been convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act,

sentencing credits under subparagraph (B) of this paragraph

(4) shall be awarded by the Department only if the conditions

set forth in paragraph (4.6) of subsection (a) are satisfied.

No inmate serving a term of natural life imprisonment shall

receive sentence credit under subparagraph (B) of this

paragraph (4).

Educational, vocational, substance abuse, behavior

modification programs, life skills courses, re-entry planning,

and correctional industry programs under which sentence credit

may be earned under this paragraph (4) and paragraph (4.1) of

this subsection (a) shall be evaluated by the Department on

the basis of documented standards. The Department shall report

the results of these evaluations to the Governor and the

General Assembly by September 30th of each year. The reports

shall include data relating to the recidivism rate among

program participants.

Availability of these programs shall be subject to the

limits of fiscal resources appropriated by the General

Assembly for these purposes. Eligible inmates who are denied

immediate admission shall be placed on a waiting list under

criteria established by the Department. The rules and

regulations shall provide that a prisoner who has been placed

on a waiting list but is transferred for non-disciplinary

reasons before beginning a program shall receive priority

placement on the waitlist for appropriate programs at the new

facility. The inability of any inmate to become engaged in any

such programs by reason of insufficient program resources or

for any other reason established under the rules and

regulations of the Department shall not be deemed a cause of

action under which the Department or any employee or agent of

the Department shall be liable for damages to the inmate. The

rules and regulations shall provide that a prisoner who begins

an educational, vocational, substance abuse, work-release

programs or activities in accordance with Article 13 of

Chapter III of this Code, behavior modification program, life

skills course, re-entry planning, or correctional industry

programs but is unable to complete the program due to illness,

disability, transfer, lockdown, or another reason outside of

the prisoner's control shall receive prorated sentence credits

for the days in which the prisoner did participate.

(4.1) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that an additional 90 days of sentence credit shall be awarded

to any prisoner who passes high school equivalency testing

while the prisoner is committed to the Department of

Corrections. The sentence credit awarded under this paragraph

(4.1) shall be in addition to, and shall not affect, the award

of sentence credit under any other paragraph of this Section,

but shall also be pursuant to the guidelines and restrictions

set forth in paragraph (4) of subsection (a) of this Section.

The sentence credit provided for in this paragraph shall be

available only to those prisoners who have not previously

earned a high school diploma or a State of Illinois High School

Diploma. If, after an award of the high school equivalency

testing sentence credit has been made, the Department

determines that the prisoner was not eligible, then the award

shall be revoked. The Department may also award 90 days of

sentence credit to any committed person who passed high school

equivalency testing while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections. Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall provide that

an additional 120 days of sentence credit shall be awarded to

any prisoner who obtains an associate degree while the

prisoner is committed to the Department of Corrections,

regardless of the date that the associate degree was obtained,

including if prior to July 1, 2021 (the effective date of

Public Act 101-652). The sentence credit awarded under this

paragraph (4.1) shall be in addition to, and shall not affect,

the award of sentence credit under any other paragraph of this

Section, but shall also be under the guidelines and

restrictions set forth in paragraph (4) of subsection (a) of

this Section. The sentence credit provided for in this

paragraph (4.1) shall be available only to those prisoners who

have not previously earned an associate degree prior to the

current commitment to the Department of Corrections. If, after

an award of the associate degree sentence credit has been made

and the Department determines that the prisoner was not

eligible, then the award shall be revoked. The Department may

also award 120 days of sentence credit to any committed person

who earned an associate degree while he or she was held in

pre-trial detention prior to the current commitment to the

Department of Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a bachelor's degree while the prisoner is

committed to the Department of Corrections. The sentence

credit awarded under this paragraph (4.1) shall be in addition

to, and shall not affect, the award of sentence credit under

any other paragraph of this Section, but shall also be under

the guidelines and restrictions set forth in paragraph (4) of

this subsection (a). The sentence credit provided for in this

paragraph shall be available only to those prisoners who have

not earned a bachelor's degree prior to the current commitment

to the Department of Corrections. If, after an award of the

bachelor's degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

bachelor's degree while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a master's or professional degree while

the prisoner is committed to the Department of Corrections.

The sentence credit awarded under this paragraph (4.1) shall

be in addition to, and shall not affect, the award of sentence

credit under any other paragraph of this Section, but shall

also be under the guidelines and restrictions set forth in

paragraph (4) of this subsection (a). The sentence credit

provided for in this paragraph shall be available only to

those prisoners who have not previously earned a master's or

professional degree prior to the current commitment to the

Department of Corrections. If, after an award of the master's

or professional degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

master's or professional degree while he or she was held in

pre-trial detention prior to the current commitment to the

Department of Corrections.

(4.2) The rules and regulations shall also provide that

any prisoner engaged in self-improvement programs, volunteer

work, or work assignments that are not otherwise eligible

activities under paragraph (4), shall receive up to 0.5 days

of sentence credit for each day in which the prisoner is

engaged in activities described in this paragraph.

(4.5) The rules and regulations on sentence credit shall

also provide that when the court's sentencing order recommends

a prisoner for substance abuse treatment and the crime was

committed on or after September 1, 2003 (the effective date of

Public Act 93-354), the prisoner shall receive no sentence

credit awarded under clause (3) of this subsection (a) unless

he or she participates in and completes a substance abuse

treatment program. The Director of Corrections may waive the

requirement to participate in or complete a substance abuse

treatment program in specific instances if the prisoner is not

a good candidate for a substance abuse treatment program for

medical, programming, or operational reasons. Availability of

substance abuse treatment shall be subject to the limits of

fiscal resources appropriated by the General Assembly for

these purposes. If treatment is not available and the

requirement to participate and complete the treatment has not

been waived by the Director, the prisoner shall be placed on a

waiting list under criteria established by the Department. The

Director may allow a prisoner placed on a waiting list to

participate in and complete a substance abuse education class

or attend substance abuse self-help meetings in lieu of a

substance abuse treatment program. A prisoner on a waiting

list who is not placed in a substance abuse program prior to

release may be eligible for a waiver and receive sentence

credit under clause (3) of this subsection (a) at the

discretion of the Director.

(4.6) The rules and regulations on sentence credit shall

also provide that a prisoner who has been convicted of a sex

offense as defined in Section 2 of the Sex Offender

Registration Act shall receive no sentence credit unless he or

she either has successfully completed or is participating in

sex offender treatment as defined by the Sex Offender

Management Board. However, prisoners who are waiting to

receive treatment, but who are unable to do so due solely to

the lack of resources on the part of the Department, may, at

either Director's sole discretion, be awarded sentence credit

at a rate as the Director shall determine.

(4.7) On or after January 1, 2018 (the effective date of

Public Act 100-3), sentence credit under paragraph (3), (4),

or (4.1) of this subsection (a) may be awarded to a prisoner

who is serving a sentence for an offense described in

paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

on or after January 1, 2018 (the effective date of Public Act

100-3); provided, the award of the credits under this

paragraph (4.7) shall not reduce the sentence of the prisoner

to less than the following amounts:

(i) 85% of his or her sentence if the prisoner is

required to serve 85% of his or her sentence; or

(ii) 60% of his or her sentence if the prisoner is

required to serve 75% of his or her sentence, except if the

prisoner is serving a sentence for gunrunning his or her

sentence shall not be reduced to less than 75%.

(iii) 100% of his or her sentence if the prisoner is

required to serve 100% of his or her sentence.

(5) Whenever the Department is to release any inmate

earlier than it otherwise would because of a grant of earned

sentence credit under paragraph (3) of subsection (a) of this

Section given at any time during the term, the Department

shall give reasonable notice of the impending release not less

than 14 days prior to the date of the release to the State's

Attorney of the county where the prosecution of the inmate

took place, and if applicable, the State's Attorney of the

county into which the inmate will be released. The Department

must also make identification information and a recent photo

of the inmate being released accessible on the Internet by

means of a hyperlink labeled "Community Notification of Inmate

Early Release" on the Department's World Wide Web homepage.

The identification information shall include the inmate's:

name, any known alias, date of birth, physical

characteristics, commitment offense, and county where

conviction was imposed. The identification information shall

be placed on the website within 3 days of the inmate's release

and the information may not be removed until either:

completion of the first year of mandatory supervised release

or return of the inmate to custody of the Department.

(b) Whenever a person is or has been committed under

several convictions, with separate sentences, the sentences

shall be construed under Section 5-8-4 in granting and

forfeiting of sentence credit.

(c) (1) The Department shall prescribe rules and

regulations for revoking sentence credit, including revoking

sentence credit awarded under paragraph (3) of subsection (a)

of this Section. The Department shall prescribe rules and

regulations establishing and requiring the use of a sanctions

matrix for revoking sentence credit. The Department shall

prescribe rules and regulations for suspending or reducing the

rate of accumulation of sentence credit for specific rule

violations, during imprisonment. These rules and regulations

shall provide that no inmate may be penalized more than one

year of sentence credit for any one infraction.

(2) When the Department seeks to revoke, suspend, or

reduce the rate of accumulation of any sentence credits for an

alleged infraction of its rules, it shall bring charges

therefor against the prisoner sought to be so deprived of

sentence credits before the Prisoner Review Board as provided

in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

amount of credit at issue exceeds 30 days, whether from one

infraction or cumulatively from multiple infractions arising

out of a single event, or when, during any 12-month period, the

cumulative amount of credit revoked exceeds 30 days except

where the infraction is committed or discovered within 60 days

of scheduled release. In those cases, the Department of

Corrections may revoke up to 30 days of sentence credit. The

Board may subsequently approve the revocation of additional

sentence credit, if the Department seeks to revoke sentence

credit in excess of 30 days. However, the Board shall not be

empowered to review the Department's decision with respect to

the loss of 30 days of sentence credit within any calendar year

for any prisoner or to increase any penalty beyond the length

requested by the Department.

(3) The Director of Corrections or the Director of

Juvenile Justice, in appropriate cases, may restore sentence

credits which have been revoked, suspended, or reduced. The

Department shall prescribe rules and regulations governing the

restoration of sentence credits. These rules and regulations

shall provide for the automatic restoration of sentence

credits following a period in which the prisoner maintains a

record without a disciplinary violation.

Nothing contained in this Section shall prohibit the

Prisoner Review Board from ordering, pursuant to Section

3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

sentence imposed by the court that was not served due to the

accumulation of sentence credit.

(d) If a lawsuit is filed by a prisoner in an Illinois or

federal court against the State, the Department of

Corrections, or the Prisoner Review Board, or against any of

their officers or employees, and the court makes a specific

finding that a pleading, motion, or other paper filed by the

prisoner is frivolous, the Department of Corrections shall

conduct a hearing to revoke up to 180 days of sentence credit

by bringing charges against the prisoner sought to be deprived

of the sentence credits before the Prisoner Review Board as

provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

If the prisoner has not accumulated 180 days of sentence

credit at the time of the finding, then the Prisoner Review

Board may revoke all sentence credit accumulated by the

prisoner.

For purposes of this subsection (d):

(1) "Frivolous" means that a pleading, motion, or

other filing which purports to be a legal document filed

by a prisoner in his or her lawsuit meets any or all of the

following criteria:

(A) it lacks an arguable basis either in law or in

fact;

(B) it is being presented for any improper

purpose, such as to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(C) the claims, defenses, and other legal

contentions therein are not warranted by existing law

or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the

establishment of new law;

(D) the allegations and other factual contentions

do not have evidentiary support or, if specifically so

identified, are not likely to have evidentiary support

after a reasonable opportunity for further

investigation or discovery; or

(E) the denials of factual contentions are not

warranted on the evidence, or if specifically so

identified, are not reasonably based on a lack of

information or belief.

(2) "Lawsuit" means a motion pursuant to Section 116-3

of the Code of Criminal Procedure of 1963, a habeas corpus

action under Article X of the Code of Civil Procedure or

under federal law (28 U.S.C. 2254), a petition for claim

under the Court of Claims Act, an action under the federal

Civil Rights Act (42 U.S.C. 1983), or a second or

subsequent petition for post-conviction relief under

Article 122 of the Code of Criminal Procedure of 1963

whether filed with or without leave of court or a second or

subsequent petition for relief from judgment under Section

2-1401 of the Code of Civil Procedure.

(e) Nothing in Public Act 90-592 or 90-593 affects the

validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who

has been convicted of a violation of an order of protection

under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

the Criminal Code of 2012, earlier than it otherwise would

because of a grant of sentence credit, the Department, as a

condition of release, shall require that the person, upon

release, be placed under electronic surveillance as provided

in Section 5-8A-7 of this Code.

(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;

102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.

5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)

(730 ILCS 5/3-6-7.3)

Sec. 3-6-7.3. Committed person post-partum recovery

requirements. The Department shall ensure that, for a period

of 72 hours after the birth of an infant by a an committed

person:

(1) the infant is allowed to remain with the committed

person, unless a medical professional determines doing so

would pose a health or safety risk to the committed person

or infant based on information only available to the

Department. The mental health professional shall make any

such determination on an individualized basis and in

consultation with the birthing team of the pregnant person

and the Chief of the Women's Division. The birthing team

shall include the committed person's perinatal care

providers and doula, if available; and

(2) the committed person has access to any nutritional

or hygiene-related products necessary to care for the

infant, including diapers.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

revised 2-28-22.)

(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)

(Text of Section before amendment by P.A. 102-1111)

Sec. 3-7-2. Facilities.

(a) All institutions and facilities of the Department

shall provide every committed person with access to toilet

facilities, barber facilities, bathing facilities at least

once each week, a library of legal materials and published

materials including newspapers and magazines approved by the

Director. A committed person may not receive any materials

that the Director deems pornographic.

(b) (Blank).

(c) All institutions and facilities of the Department

shall provide facilities for every committed person to leave

his cell for at least one hour each day unless the chief

administrative officer determines that it would be harmful or

dangerous to the security or safety of the institution or

facility.

(d) All institutions and facilities of the Department

shall provide every committed person with a wholesome and

nutritional diet at regularly scheduled hours, drinking water,

clothing adequate for the season, bedding, soap and towels and

medical and dental care.

(e) All institutions and facilities of the Department

shall permit every committed person to send and receive an

unlimited number of uncensored letters, provided, however,

that the Director may order that mail be inspected and read for

reasons of the security, safety or morale of the institution

or facility.

(f) All of the institutions and facilities of the

Department shall permit every committed person to receive

in-person visitors and video contact, if available, except in

case of abuse of the visiting privilege or when the chief

administrative officer determines that such visiting would be

harmful or dangerous to the security, safety or morale of the

institution or facility. Each committed person is entitled to

7 visits per month. Every committed person may submit a list of

at least 30 persons to the Department that are authorized to

visit the committed person. The list shall be kept in an

electronic format by the Department beginning on August 1,

2019, as well as available in paper form for Department

employees. The chief administrative officer shall have the

right to restrict visitation to non-contact visits, video, or

other forms of non-contact visits for reasons of safety,

security, and order, including, but not limited to,

restricting contact visits for committed persons engaged in

gang activity. No committed person in a super maximum security

facility or on disciplinary segregation is allowed contact

visits. Any committed person found in possession of illegal

drugs or who fails a drug test shall not be permitted contact

visits for a period of at least 6 months. Any committed person

involved in gang activities or found guilty of assault

committed against a Department employee shall not be permitted

contact visits for a period of at least 6 months. The

Department shall offer every visitor appropriate written

information concerning HIV and AIDS, including information

concerning how to contact the Illinois Department of Public

Health for counseling information. The Department shall

develop the written materials in consultation with the

Department of Public Health. The Department shall ensure that

all such information and materials are culturally sensitive

and reflect cultural diversity as appropriate. Implementation

of the changes made to this Section by Public Act 94-629 is

subject to appropriation. The Department shall seek the lowest

possible cost to provide video calling and shall charge to the

extent of recovering any demonstrated costs of providing video

calling. The Department shall not make a commission or profit

from video calling services. Nothing in this Section shall be

construed to permit video calling instead of in-person

visitation.

(f-5) (Blank).

(f-10) The Department may not restrict or limit in-person

visits to committed persons due to the availability of

interactive video conferences.

(f-15)(1) The Department shall issue a standard written

policy for each institution and facility of the Department

that provides for:

(A) the number of in-person visits each committed

person is entitled to per week and per month including the

requirements of subsection (f) of this Section;

(B) the hours of in-person visits;

(C) the type of identification required for visitors

at least 18 years of age; and

(D) the type of identification, if any, required for

visitors under 18 years of age.

(2) This policy shall be posted on the Department website

and at each facility.

(3) The Department shall post on its website daily any

restrictions or denials of visitation for that day and the

succeeding 5 calendar days, including those based on a

lockdown of the facility, to inform family members and other

visitors.

(g) All institutions and facilities of the Department

shall permit religious ministrations and sacraments to be

available to every committed person, but attendance at

religious services shall not be required.

(h) Within 90 days after December 31, 1996, the Department

shall prohibit the use of curtains, cell-coverings, or any

other matter or object that obstructs or otherwise impairs the

line of vision into a committed person's cell.

(i) A point of contact person appointed under subsection

(u-6) of Section 3-2-2 of this Code shall promptly and

efficiently review suggestions, complaints, and other requests

made by visitors to institutions and facilities of the

Department and by other members of the public. Based on the

nature of the submission, the point of contact person shall

communicate with the appropriate division of the Department,

disseminate the concern or complaint, and act as liaison

between the parties to reach a resolution.

(1) The point of contact person shall maintain

information about the subject matter of each

correspondence, including, but not limited to, information

about the following subjects:

(A) the parties making the submission;

(B) any commissary-related concerns;

(C) any concerns about the institution or

facility's COVID protocols and mitigations;

(D) any concerns about mail, video, or electronic

messages or other communications with incarcerated

persons;

(E) any concerns about the institution or

facility;

(F) any discipline-related concerns;

(G) any concerns about earned sentencing credits;

(H) any concerns about educational opportunities

for incarcerated persons;

(I) any concerns about health-related matters;

(J) any mental health concerns;

(K) any concerns about personal property;

(L) any concerns about the records of the

incarcerated person;

(M) any concerns about recreational opportunities

for incarcerated persons;

(N) any staffing-related concerns;

(O) any concerns about the transfer of individuals

in custody;

(P) any concerns about visitation; and

(Q) any concerns about work opportunities for

incarcerated persons.

The information shall be maintained in accordance with

standards set by the Department of Corrections, and shall

be made available to the Department's Planning and

Research Division. The point of contact person shall

provide a summary of the results of the review, including

any resolution or recommendations made as a result of

correspondence with the Planning and Research Division of

the Department.

(2) The Department shall provide an annual written

report to the General Assembly and the Governor, with the

first report due no later than January 1, 2023, and

publish the report on its website within 48 hours after

the report is transmitted to the Governor and the General

Assembly. The report shall include a summary of activities

undertaken and completed as a result of submissions to the

point of contact person. The Department of Corrections

shall collect and report the following aggregated and

disaggregated data for each institution and facility and

describe:

(A) the work of the point of contact person;

(B) the general nature of suggestions, complaints,

and other requests submitted to the point of contact

person;

(C) the volume of emails, calls, letters, and

other correspondence received by the point of contact

person;

(D) the resolutions reached or recommendations

made as a result of the point of contact person's

review;

(E) whether, if an investigation is recommended, a

report of the complaint was forwarded to the Chief

Inspector of the Department or other Department

employee, and the resolution of the complaint, and if

the investigation has not concluded, a detailed status

report on the complaint; and

(F) any recommendations that the point of contact

person has relating to systemic issues in the

Department of Corrections, and any other matters for

consideration by the General Assembly and the

Governor.

The name, address, or other personally identifiable

information of a person who files a complaint, suggestion,

or other request with the point of contact person, and

confidential records shall be redacted from the annual

report and are not subject to disclosure under the Freedom

of Information Act. The Department shall disclose the

records only if required by a court order on a showing of

good cause.

(3) The Department must post in a conspicuous place in

the waiting area of every facility or institution a sign

that contains in bold, black type the following:

(A) a short statement notifying visitors of the

point of contact person and that person's duty to

receive suggestions, complaints, or other requests;

and

(B) information on how to submit suggestions,

complaints, or other requests to the point of contact

person.

(Source: P.A. 102-1082, eff. 6-10-22.)

(Text of Section after amendment by P.A. 102-1111)

Sec. 3-7-2. Facilities.

(a) All institutions and facilities of the Department

shall provide every committed person with access to toilet

facilities, barber facilities, bathing facilities at least

once each week, a library of legal materials and published

materials including newspapers and magazines approved by the

Director. A committed person may not receive any materials

that the Director deems pornographic.

(b) (Blank).

(c) All institutions and facilities of the Department

shall provide facilities for every committed person to leave

his cell for at least one hour each day unless the chief

administrative officer determines that it would be harmful or

dangerous to the security or safety of the institution or

facility.

(d) All institutions and facilities of the Department

shall provide every committed person with a wholesome and

nutritional diet at regularly scheduled hours, drinking water,

clothing adequate for the season, including underwear,

bedding, soap and towels and medical and dental care.

Underwear provided to each committed person in all

institutions and facilities of the Department shall be free of

charge and shall be provided at any time upon request,

including multiple requests, of the committed person or as

needed by the committed person.

(e) All institutions and facilities of the Department

shall permit every committed person to send and receive an

unlimited number of uncensored letters, provided, however,

that the Director may order that mail be inspected and read for

reasons of the security, safety or morale of the institution

or facility.

(f) All of the institutions and facilities of the

Department shall permit every committed person to receive

in-person visitors and video contact, if available, except in

case of abuse of the visiting privilege or when the chief

administrative officer determines that such visiting would be

harmful or dangerous to the security, safety or morale of the

institution or facility. Each committed person is entitled to

7 visits per month. Every committed person may submit a list of

at least 30 persons to the Department that are authorized to

visit the committed person. The list shall be kept in an

electronic format by the Department beginning on August 1,

2019, as well as available in paper form for Department

employees. The chief administrative officer shall have the

right to restrict visitation to non-contact visits, video, or

other forms of non-contact visits for reasons of safety,

security, and order, including, but not limited to,

restricting contact visits for committed persons engaged in

gang activity. No committed person in a super maximum security

facility or on disciplinary segregation is allowed contact

visits. Any committed person found in possession of illegal

drugs or who fails a drug test shall not be permitted contact

visits for a period of at least 6 months. Any committed person

involved in gang activities or found guilty of assault

committed against a Department employee shall not be permitted

contact visits for a period of at least 6 months. The

Department shall offer every visitor appropriate written

information concerning HIV and AIDS, including information

concerning how to contact the Illinois Department of Public

Health for counseling information. The Department shall

develop the written materials in consultation with the

Department of Public Health. The Department shall ensure that

all such information and materials are culturally sensitive

and reflect cultural diversity as appropriate. Implementation

of the changes made to this Section by Public Act 94-629 is

subject to appropriation. The Department shall seek the lowest

possible cost to provide video calling and shall charge to the

extent of recovering any demonstrated costs of providing video

calling. The Department shall not make a commission or profit

from video calling services. Nothing in this Section shall be

construed to permit video calling instead of in-person

visitation.

(f-5) (Blank).

(f-10) The Department may not restrict or limit in-person

visits to committed persons due to the availability of

interactive video conferences.

(f-15)(1) The Department shall issue a standard written

policy for each institution and facility of the Department

that provides for:

(A) the number of in-person visits each committed

person is entitled to per week and per month including the

requirements of subsection (f) of this Section;

(B) the hours of in-person visits;

(C) the type of identification required for visitors

at least 18 years of age; and

(D) the type of identification, if any, required for

visitors under 18 years of age.

(2) This policy shall be posted on the Department website

and at each facility.

(3) The Department shall post on its website daily any

restrictions or denials of visitation for that day and the

succeeding 5 calendar days, including those based on a

lockdown of the facility, to inform family members and other

visitors.

(g) All institutions and facilities of the Department

shall permit religious ministrations and sacraments to be

available to every committed person, but attendance at

religious services shall not be required.

(h) Within 90 days after December 31, 1996, the Department

shall prohibit the use of curtains, cell-coverings, or any

other matter or object that obstructs or otherwise impairs the

line of vision into a committed person's cell.

(i) A point of contact person appointed under subsection

(u-6) of Section 3-2-2 of this Code shall promptly and

efficiently review suggestions, complaints, and other requests

made by visitors to institutions and facilities of the

Department and by other members of the public. Based on the

nature of the submission, the point of contact person shall

communicate with the appropriate division of the Department,

disseminate the concern or complaint, and act as liaison

between the parties to reach a resolution.

(1) The point of contact person shall maintain

information about the subject matter of each

correspondence, including, but not limited to, information

about the following subjects:

(A) the parties making the submission;

(B) any commissary-related concerns;

(C) any concerns about the institution or

facility's COVID protocols and mitigations;

(D) any concerns about mail, video, or electronic

messages or other communications with incarcerated

persons;

(E) any concerns about the institution or

facility;

(F) any discipline-related concerns;

(G) any concerns about earned sentencing credits;

(H) any concerns about educational opportunities

for incarcerated persons;

(I) any concerns about health-related matters;

(J) any mental health concerns;

(K) any concerns about personal property;

(L) any concerns about the records of the

incarcerated person;

(M) any concerns about recreational opportunities

for incarcerated persons;

(N) any staffing-related concerns;

(O) any concerns about the transfer of individuals

in custody;

(P) any concerns about visitation; and

(Q) any concerns about work opportunities for

incarcerated persons.

The information shall be maintained in accordance with

standards set by the Department of Corrections, and shall

be made available to the Department's Planning and

Research Division. The point of contact person shall

provide a summary of the results of the review, including

any resolution or recommendations made as a result of

correspondence with the Planning and Research Division of

the Department.

(2) The Department shall provide an annual written

report to the General Assembly and the Governor, with the

first report due no later than January 1, 2023, and

publish the report on its website within 48 hours after

the report is transmitted to the Governor and the General

Assembly. The report shall include a summary of activities

undertaken and completed as a result of submissions to the

point of contact person. The Department of Corrections

shall collect and report the following aggregated and

disaggregated data for each institution and facility and

describe:

(A) the work of the point of contact person;

(B) the general nature of suggestions, complaints,

and other requests submitted to the point of contact

person;

(C) the volume of emails, calls, letters, and

other correspondence received by the point of contact

person;

(D) the resolutions reached or recommendations

made as a result of the point of contact person's

review;

(E) whether, if an investigation is recommended, a

report of the complaint was forwarded to the Chief

Inspector of the Department or other Department

employee, and the resolution of the complaint, and if

the investigation has not concluded, a detailed status

report on the complaint; and

(F) any recommendations that the point of contact

person has relating to systemic issues in the

Department of Corrections, and any other matters for

consideration by the General Assembly and the

Governor.

The name, address, or other personally identifiable

information of a person who files a complaint, suggestion,

or other request with the point of contact person, and

confidential records shall be redacted from the annual

report and are not subject to disclosure under the Freedom

of Information Act. The Department shall disclose the

records only if required by a court order on a showing of

good cause.

(3) The Department must post in a conspicuous place in

the waiting area of every facility or institution a sign

that contains in bold, black type the following:

(A) a short statement notifying visitors of the

point of contact person and that person's duty to

receive suggestions, complaints, or other requests;

and

(B) information on how to submit suggestions,

complaints, or other requests to the point of contact

person.

(j) (i) Menstrual hygiene products shall be available, as

needed, free of charge, at all institutions and facilities of

the Department for all committed persons who menstruate. In

this subsection (j) (i), "menstrual hygiene products" means

tampons and sanitary napkins for use in connection with the

menstrual cycle.

(Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23;

revised 1-8-23.)

Section 700. The Illinois Substance Abuse Treatment

Program is amended by changing Section 1 as follows:

(730 ILCS 145/1) (from Ch. 38, par. 1531)

Sec. 1. Short Title. This Act shall be known and may be

cited as the Illinois Substance Abuse Treatment Program Act.

(Source: P.A. 86-1320; revised 2-28-22.)

Section 705. The Veterans and Servicemembers Court

Treatment Act is amended by changing Section 20 as follows:

(730 ILCS 167/20)

Sec. 20. Eligibility. Veterans and servicemembers are

eligible for veterans and servicemembers courts, provided the

following:

(a) A defendant may be admitted into a veterans and

servicemembers court program only upon the consent of the

defendant and with the approval of the court. A defendant

agrees to be admitted when a written consent to

participate is provided to the court in open court and the

defendant acknowledges understanding of its contents.

(a-5) Each veterans and servicemembers court shall

have a target population defined in its written policies

and procedures. The policies and procedures shall define

that court's eligibility and exclusionary criteria.

(b) A defendant shall be excluded from a veterans

Veterans and servicemembers court Servicemembers Court

program if any of one of the following applies:

(1) The crime is a crime of violence as set forth

in paragraph (3) of this subsection (b).

(2) The defendant does not demonstrate a

willingness to participate in a treatment program.

(3) The defendant has been convicted of a crime of

violence within the past 5 years excluding

incarceration time, parole, and periods of mandatory

supervised release. As used in this paragraph, "crime

of violence" means: first degree murder, second degree

murder, predatory criminal sexual assault of a child,

aggravated criminal sexual assault, criminal sexual

assault, armed robbery, aggravated arson, arson,

aggravated kidnapping and kidnapping, aggravated

battery resulting in great bodily harm or permanent

disability, aggravated domestic battery resulting in

great bodily harm or permanent disability, aggravated

criminal sexual abuse by a person in a position of

trust or authority over a child, stalking, aggravated

stalking, home invasion, aggravated vehicular

hijacking, or any offense involving the discharge of a

firearm.

(4) The defendant is charged with a violation of

subparagraph (F) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code in which

an individual is charged with aggravated driving under

the influence that resulted in the death of another

person or when the violation was a proximate cause of

the death, unless, pursuant to subparagraph (G) of

paragraph (1) of subsection (d) of Section 11-501 of

the Illinois Vehicle Code, the court determines that

extraordinary circumstances exist and require

probation.

(5) (Blank).

(6) (Blank).

(c) Notwithstanding subsection (a), the defendant may

be admitted into a veterans and servicemembers court

program only upon the agreement of the prosecutor if the

defendant is charged with a Class 2 or greater felony

violation of:

(1) Section 401, 401.1, 405, or 405.2 of the

Illinois Controlled Substances Act;

(2) Section 5, 5.1, or 5.2 of the Cannabis Control

Act; or

(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,

or 65 of the Methamphetamine Control and Community

Protection Act.

(Source: P.A. 101-652, eff. 7-1-21; 102-1041, eff. 6-2-22;

revised 8-19-22.)

Section 710. The Eminent Domain Act is amended by changing

Sections 15-5-35 and 15-5-48 as follows:

(735 ILCS 30/15-5-35)

Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605

through 630 625. The following provisions of law may include

express grants of the power to acquire property by

condemnation or eminent domain:

(605 ILCS 5/4-501); Illinois Highway Code; Department of

Transportation and counties; for highway purposes.

(605 ILCS 5/4-502); Illinois Highway Code; Department of

Transportation; for ditches and drains.

(605 ILCS 5/4-505); Illinois Highway Code; Department of

Transportation; for replacement of railroad and public

utility property taken for highway purposes.

(605 ILCS 5/4-509); Illinois Highway Code; Department of

Transportation; for replacement of property taken for

highway purposes.

(605 ILCS 5/4-510); Illinois Highway Code; Department of

Transportation; for rights-of-way for future highway

purposes.

(605 ILCS 5/4-511); Illinois Highway Code; Department of

Transportation; for relocation of structures taken for

highway purposes.

(605 ILCS 5/5-107); Illinois Highway Code; counties; for

county highway relocation.

(605 ILCS 5/5-801); Illinois Highway Code; counties; for

highway purposes.

(605 ILCS 5/5-802); Illinois Highway Code; counties; for

ditches and drains.

(605 ILCS 5/6-309); Illinois Highway Code; highway

commissioners or county superintendents; for township or

road district roads.

(605 ILCS 5/6-801); Illinois Highway Code; highway

commissioners; for road district or township roads.

(605 ILCS 5/6-802); Illinois Highway Code; highway

commissioners; for ditches and drains.

(605 ILCS 5/8-102); Illinois Highway Code; Department of

Transportation, counties, and municipalities; for limiting

freeway access.

(605 ILCS 5/8-103); Illinois Highway Code; Department of

Transportation, counties, and municipalities; for freeway

purposes.

(605 ILCS 5/8-106); Illinois Highway Code; Department of

Transportation and counties; for relocation of existing

crossings for freeway purposes.

(605 ILCS 5/9-113); Illinois Highway Code; highway

authorities; for utility and other uses in rights-of-ways.

(605 ILCS 5/10-302); Illinois Highway Code; counties; for

bridge purposes.

(605 ILCS 5/10-602); Illinois Highway Code; municipalities;

for ferry and bridge purposes.

(605 ILCS 5/10-702); Illinois Highway Code; municipalities;

for bridge purposes.

(605 ILCS 5/10-901); Illinois Highway Code; Department of

Transportation; for ferry property.

(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway

Authority; for toll highway purposes.

(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll

Highway Authority; for its authorized purposes.

(605 ILCS 10/10); Toll Highway Act; Illinois State Toll

Highway Authority; for property of a municipality or

political subdivision for toll highway purposes.

(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge

purposes.

(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose

of taking a toll bridge to make it a free bridge.

(605 ILCS 130/80); Public Private Agreements for the Illiana

Expressway Act; Department of Transportation; for the

Illiana Expressway project.

(610 ILCS 5/17); Railroad Incorporation Act; railroad

corporation; for real estate for railroad purposes.

(610 ILCS 5/18); Railroad Incorporation Act; railroad

corporations; for materials for railways.

(610 ILCS 5/19); Railroad Incorporation Act; railways; for

land along highways.

(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees

of railroad companies; for railroad purposes.

(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act;

street railroad companies; for street railroad purposes.

(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of

Natural Resources; for land along public waters for

pleasure, recreation, or sport purposes.

(615 ILCS 10/7.8); Illinois Waterway Act; Department of

Natural Resources; for waterways and appurtenances.

(615 ILCS 15/7); Flood Control Act of 1945; Department of

Natural Resources; for the purposes of the Act.

(615 ILCS 30/9); Illinois and Michigan Canal Management Act;

Department of Natural Resources; for dams, locks, and

improvements.

(615 ILCS 45/10); Illinois and Michigan Canal Development Act;

Department of Natural Resources; for development and

management of the canal.

(620 ILCS 5/72); Illinois Aeronautics Act; Division of

Aeronautics of the Department of Transportation; for

airport purposes.

(620 ILCS 5/73); Illinois Aeronautics Act; Division of

Aeronautics of the Department of Transportation; for

removal of airport hazards.

(620 ILCS 5/74); Illinois Aeronautics Act; Division of

Aeronautics of the Department of Transportation; for

airport purposes.

(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics

of the Department of Transportation; for air rights.

(620 ILCS 40/2 and 40/3); General County Airport and Landing

Field Act; counties; for airport purposes.

(620 ILCS 40/5); General County Airport and Landing Field Act;

counties; for removing hazards.

(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of

directors of airports and landing fields; for airport and

landing field purposes.

(620 ILCS 50/22 and 50/31); County Airports Act; counties; for

airport purposes.

(620 ILCS 50/24); County Airports Act; counties; for removal

of airport hazards.

(620 ILCS 50/26); County Airports Act; counties; for

acquisition of airport protection privileges.

(620 ILCS 52/15); County Air Corridor Protection Act;

counties; for airport zones.

(620 ILCS 55/1); East St. Louis Airport Act; Department of

Transportation; for airport in East St. Louis metropolitan

area.

(620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the

O'Hare modernization program, including quick-take power.

(620 ILCS 75/2-15 and 75/2-90); Public-Private Agreements for

the South Suburban Airport Act; Department of

Transportation; for South Suburban Airport purposes.

(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State;

for general purposes.

(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers;

for railroad purposes, including quick-take power.

(630 ILCS 10/60); Innovations for Transportation

Infrastructure Act; for the purposes of constructing a

transportation facility under the Act.

(Source: P.A. 97-808, eff. 7-13-12; incorporates 98-109, eff.

7-25-13; 98-756, eff. 7-16-14; revised 9-12-22.)

(735 ILCS 30/15-5-48)

Sec. 15-5-48. Eminent domain powers in new Acts. The

following provisions of law may include express grants of the

power to acquire property by condemnation or eminent domain:

(Reserved). The Innovations for Transportation

Infrastructure Act; for the purposes of constructing a

transportation facility under the Act.

(Source: P.A. 102-1094, eff. 6-15-22; revised 9-12-22.)

Section 715. The Stalking No Contact Order Act is amended

by changing Sections 20 and 70 as follows:

(740 ILCS 21/20)

Sec. 20. Commencement of action; filing fees.

(a) An action for a stalking no contact order is

commenced:

(1) independently, by filing a petition for a stalking

no contact order in any civil court, unless specific

courts are designated by local rule or order; or

(2) in conjunction with a delinquency petition or a

criminal prosecution as provided in Article 112A of the

Code of Criminal Procedure of 1963.

(a-1) A petition for a stalking no contact order may be

filed in person in-person or online.

(a-5) When a petition for an emergency stalking no contact

order is filed, the petition and file shall not be public and

shall only be accessible to the court, law enforcement,

petitioner, victim advocate, counsel of record for either

party, and the State's Attorney for the county until the

petition is served on the respondent.

(b) Withdrawal or dismissal of any petition for a stalking

no contact order prior to adjudication where the petitioner is

represented by the State shall operate as a dismissal without

prejudice. No action for a stalking no contact order shall be

dismissed because the respondent is being prosecuted for a

crime against the petitioner. For any action commenced under

item (2) of subsection (a) of this Section, dismissal of the

conjoined case (or a finding of not guilty) shall not require

dismissal of the action for a stalking no contact order;

instead, it may be treated as an independent action and, if

necessary and appropriate, transferred to a different court or

division.

(c) No fee shall be charged by the clerk of the court for

filing petitions or modifying or certifying orders. No fee

shall be charged by the sheriff for service by the sheriff of a

petition, rule, motion, or order in an action commenced under

this Section.

(d) The court shall provide, through the office of the

clerk of the court, simplified forms for filing of a petition

under this Section by any person not represented by counsel.

(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;

102-853, eff. 1-1-23; revised 12-14-22.)

(740 ILCS 21/70)

Sec. 70. Hearings.

(a) A petition for a stalking no contact order shall be

treated as an expedited proceeding, and no court may transfer

or otherwise decline to decide all or part of such petition.

Nothing in this Section shall prevent the court from reserving

issues if jurisdiction or notice requirements are not met.

(b) A court in a county with a population above 250,000

shall offer the option of a remote hearing to a petitioner for

a stalking no contact order. The court has the discretion to

grant or deny the request for a remote hearing. Each court

shall determine the procedure for a remote hearing. The

petitioner and respondent may appear remotely or in person

in-person.

The court shall issue and publish a court order, standing

order, or local rule detailing information about the process

for requesting and participating in a remote court appearance.

The court order, standing order, or local rule shall be

published on the court's website and posted on signs

throughout the courthouse, including in the clerk's office.

The sign shall be written in plain language and include

information about the availability of remote court appearances

and the process for requesting a remote hearing.

(Source: P.A. 102-853, eff. 1-1-23; revised 12-12-22.)

Section 720. The Civil No Contact Order Act is amended by

changing Sections 202 and 210 as follows:

(740 ILCS 22/202)

Sec. 202. Commencement of action; filing fees.

(a) An action for a civil no contact order is commenced:

(1) independently, by filing a petition for a civil no

contact order in any civil court, unless specific courts

are designated by local rule or order; or

(2) in conjunction with a delinquency petition or a

criminal prosecution as provided in Article 112A of the

Code of Criminal Procedure of 1963.

(a-1) A petition for a civil no contact order may be filed

in person in-person or online.

(a-5) When a petition for an emergency civil no contact

order is filed, the petition and file shall not be public and

shall only be accessible to the court, law enforcement,

petitioner, rape crisis advocate, counsel of record for either

party, and the State's Attorney for the county until the

petition is served on the respondent.

(b) Withdrawal or dismissal of any petition for a civil no

contact order prior to adjudication where the petitioner is

represented by the State shall operate as a dismissal without

prejudice. No action for a civil no contact order shall be

dismissed because the respondent is being prosecuted for a

crime against the petitioner. For any action commenced under

item (2) of subsection (a) of this Section, dismissal of the

conjoined case (or a finding of not guilty) shall not require

dismissal of the action for a civil no contact order; instead,

it may be treated as an independent action and, if necessary

and appropriate, transferred to a different court or division.

(c) No fee shall be charged by the clerk of the court for

filing petitions or modifying or certifying orders. No fee

shall be charged by the sheriff for service by the sheriff of a

petition, rule, motion, or order in an action commenced under

this Section.

(d) The court shall provide, through the office of the

clerk of the court, simplified forms for filing of a petition

under this Section by any person not represented by counsel.

(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;

102-853, eff. 1-1-23; revised 12-14-22.)

(740 ILCS 22/210)

Sec. 210. Hearings.

(a) A petition for a civil no contact order shall be

treated as an expedited proceeding, and no court may transfer

or otherwise decline to decide all or part of such petition.

Nothing in this Section shall prevent the court from reserving

issues if jurisdiction or notice requirements are not met.

(b) A court in a county with a population above 250,000

shall offer the option of a remote hearing to a petitioner for

a civil no contact order. The court has the discretion to grant

or deny the request for a remote hearing. Each court shall

determine the procedure for a remote hearing. The petitioner

and respondent may appear remotely or in person in-person.

The court shall issue and publish a court order, standing

order, or local rule detailing information about the process

for requesting and participating in a remote court appearance.

The court order, standing order, or local rule shall be

published on the court's website and posted on signs

throughout the courthouse, including in the clerk's office.

The sign shall be written in plain language and include

information about the availability of remote court appearances

and the process for requesting a remote hearing.

(Source: P.A. 102-853, eff. 1-1-23; revised 12-12-22.)

Section 725. The Crime Victims Compensation Act is amended

by changing Section 2 as follows:

(740 ILCS 45/2)

(Text of Section before amendment by P.A. 102-982)

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Applicant" means any person who applies for

compensation under this Act or any person the Court of Claims

or the Attorney General finds is entitled to compensation,

including the guardian of a minor or of a person under legal

disability. It includes any person who was a dependent of a

deceased victim of a crime of violence for his or her support

at the time of the death of that victim.

The changes made to this subsection by Public Act 101-652

this amendatory Act of the 101st General Assembly apply to

actions commenced or pending on or after January 1, 2022.

(b) "Court of Claims" means the Court of Claims created by

the Court of Claims Act.

(c) "Crime of violence" means and includes any offense

defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,

10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,

12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,

12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,

12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,

or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or

subdivision (a)(4) of Section 11-14.4, of the Criminal Code of

1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of

the Cemetery Protection Act, Section 125 of the Stalking No

Contact Order Act, Section 219 of the Civil No Contact Order

Act, driving under the influence as defined in Section 11-501

of the Illinois Vehicle Code, a violation of Section 11-401 of

the Illinois Vehicle Code, provided the victim was a

pedestrian or was operating a vehicle moved solely by human

power or a mobility device at the time of contact, and a

violation of Section 11-204.1 of the Illinois Vehicle Code; so

long as the offense did not occur during a civil riot,

insurrection or rebellion. "Crime of violence" does not

include any other offense or accident involving a motor

vehicle except those vehicle offenses specifically provided

for in this paragraph. "Crime of violence" does include all of

the offenses specifically provided for in this paragraph that

occur within this State but are subject to federal

jurisdiction and crimes involving terrorism as defined in 18

U.S.C. 2331.

(d) "Victim" means (1) a person killed or injured in this

State as a result of a crime of violence perpetrated or

attempted against him or her, (2) the spouse, parent, or child

of a person killed or injured in this State as a result of a

crime of violence perpetrated or attempted against the person,

or anyone living in the household of a person killed or injured

in a relationship that is substantially similar to that of a

parent, spouse, or child, (3) a person killed or injured in

this State while attempting to assist a person against whom a

crime of violence is being perpetrated or attempted, if that

attempt of assistance would be expected of a reasonable person

under the circumstances, (4) a person killed or injured in

this State while assisting a law enforcement official

apprehend a person who has perpetrated a crime of violence or

prevent the perpetration of any such crime if that assistance

was in response to the express request of the law enforcement

official, (5) a person who personally witnessed a violent

crime, (5.05) a person who will be called as a witness by the

prosecution to establish a necessary nexus between the

offender and the violent crime, (5.1) solely for the purpose

of compensating for pecuniary loss incurred for psychological

treatment of a mental or emotional condition caused or

aggravated by the crime, any other person under the age of 18

who is the brother, sister, half brother, or half sister of a

person killed or injured in this State as a result of a crime

of violence, (6) an Illinois resident who is a victim of a

"crime of violence" as defined in this Act except, if the crime

occurred outside this State, the resident has the same rights

under this Act as if the crime had occurred in this State upon

a showing that the state, territory, country, or political

subdivision of a country in which the crime occurred does not

have a compensation of victims of crimes law for which that

Illinois resident is eligible, (7) a deceased person whose

body is dismembered or whose remains are desecrated as the

result of a crime of violence, or (8) solely for the purpose of

compensating for pecuniary loss incurred for psychological

treatment of a mental or emotional condition caused or

aggravated by the crime, any parent, spouse, or child under

the age of 18 of a deceased person whose body is dismembered or

whose remains are desecrated as the result of a crime of

violence.

(e) "Dependent" means a relative of a deceased victim who

was wholly or partially dependent upon the victim's income at

the time of his or her death and shall include the child of a

victim born after his or her death.

(f) "Relative" means a spouse, parent, grandparent,

stepfather, stepmother, child, grandchild, brother,

brother-in-law, sister, sister-in-law, half brother, half

sister, spouse's parent, nephew, niece, uncle, aunt, or anyone

living in the household of a person killed or injured in a

relationship that is substantially similar to that of a

parent, spouse, or child.

(g) "Child" means a son or daughter and includes a

stepchild, an adopted child or a child born out of wedlock.

(h) "Pecuniary loss" means, in the case of injury,

appropriate medical expenses and hospital expenses including

expenses of medical examinations, rehabilitation, medically

required nursing care expenses, appropriate psychiatric care

or psychiatric counseling expenses, appropriate expenses for

care or counseling by a licensed clinical psychologist,

licensed clinical social worker, licensed professional

counselor, or licensed clinical professional counselor and

expenses for treatment by Christian Science practitioners and

nursing care appropriate thereto; transportation expenses to

and from medical and counseling treatment facilities;

prosthetic appliances, eyeglasses, and hearing aids necessary

or damaged as a result of the crime; expenses incurred for the

towing and storage of a victim's vehicle in connection with a

crime of violence, to a maximum of $1,000; costs associated

with trafficking tattoo removal by a person authorized or

licensed to perform the specific removal procedure;

replacement costs for clothing and bedding used as evidence;

costs associated with temporary lodging or relocation

necessary as a result of the crime, including, but not limited

to, the first month's rent and security deposit of the

dwelling that the claimant relocated to and other reasonable

relocation expenses incurred as a result of the violent crime;

locks or windows necessary or damaged as a result of the crime;

the purchase, lease, or rental of equipment necessary to

create usability of and accessibility to the victim's real and

personal property, or the real and personal property which is

used by the victim, necessary as a result of the crime; the

costs of appropriate crime scene clean-up; replacement

services loss, to a maximum of $1,250 per month; dependents

replacement services loss, to a maximum of $1,250 per month;

loss of tuition paid to attend grammar school or high school

when the victim had been enrolled as a student prior to the

injury, or college or graduate school when the victim had been

enrolled as a day or night student prior to the injury when the

victim becomes unable to continue attendance at school as a

result of the crime of violence perpetrated against him or

her; loss of earnings, loss of future earnings because of

disability resulting from the injury, and, in addition, in the

case of death, expenses for funeral, burial, and travel and

transport for survivors of homicide victims to secure bodies

of deceased victims and to transport bodies for burial all of

which may be awarded up to a maximum of $10,000 and loss of

support of the dependents of the victim; in the case of

dismemberment or desecration of a body, expenses for funeral

and burial, all of which may be awarded up to a maximum of

$10,000. Loss of future earnings shall be reduced by any

income from substitute work actually performed by the victim

or by income he or she would have earned in available

appropriate substitute work he or she was capable of

performing but unreasonably failed to undertake. Loss of

earnings, loss of future earnings and loss of support shall be

determined on the basis of the victim's average net monthly

earnings for the 6 months immediately preceding the date of

the injury or on $2,400 per month, whichever is less or, in

cases where the absences commenced more than 3 years from the

date of the crime, on the basis of the net monthly earnings for

the 6 months immediately preceding the date of the first

absence, not to exceed $2,400 per month. If a divorced or

legally separated applicant is claiming loss of support for a

minor child of the deceased, the amount of support for each

child shall be based either on the amount of support pursuant

to the judgment prior to the date of the deceased victim's

injury or death, or, if the subject of pending litigation

filed by or on behalf of the divorced or legally separated

applicant prior to the injury or death, on the result of that

litigation. Real and personal property includes, but is not

limited to, vehicles, houses, apartments, town houses, or

condominiums. Pecuniary loss does not include pain and

suffering or property loss or damage.

The changes made to this subsection by Public Act 101-652

this amendatory Act of the 101st General Assembly apply to

actions commenced or pending on or after January 1, 2022.

(i) "Replacement services loss" means expenses reasonably

incurred in obtaining ordinary and necessary services in lieu

of those the injured person would have performed, not for

income, but for the benefit of himself or herself or his or her

family, if he or she had not been injured.

(j) "Dependents replacement services loss" means loss

reasonably incurred by dependents or private legal guardians

of minor dependents after a victim's death in obtaining

ordinary and necessary services in lieu of those the victim

would have performed, not for income, but for their benefit,

if he or she had not been fatally injured.

(k) "Survivor" means immediate family including a parent,

stepfather, stepmother, child, brother, sister, or spouse.

(l) "Parent" means a natural parent, adopted parent,

stepparent, or permanent legal guardian of another person.

(m) "Trafficking tattoo" is a tattoo which is applied to a

victim in connection with the commission of a violation of

Section 10-9 of the Criminal Code of 2012.

(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;

102-27, eff. 6-25-21; 102-905, eff. 1-1-23; revised 12-14-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Applicant" means any person who applies for

compensation under this Act or any person the Court of Claims

or the Attorney General finds is entitled to compensation,

including the guardian of a minor or of a person under legal

disability. It includes any person who was a dependent of a

deceased victim of a crime of violence for his or her support

at the time of the death of that victim.

The changes made to this subsection by Public Act 101-652

this amendatory Act of the 101st General Assembly apply to

actions commenced or pending on or after January 1, 2022.

(b) "Court of Claims" means the Court of Claims created by

the Court of Claims Act.

(c) "Crime of violence" means and includes any offense

defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,

10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,

12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,

12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,

12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,

or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or

subdivision (a)(4) of Section 11-14.4, of the Criminal Code of

1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of

the Cemetery Protection Act, Section 125 of the Stalking No

Contact Order Act, Section 219 of the Civil No Contact Order

Act, driving under the influence as defined in Section 11-501

of the Illinois Vehicle Code, a violation of Section 11-401 of

the Illinois Vehicle Code, provided the victim was a

pedestrian or was operating a vehicle moved solely by human

power or a mobility device at the time of contact, and a

violation of Section 11-204.1 of the Illinois Vehicle Code; so

long as the offense did not occur during a civil riot,

insurrection or rebellion. "Crime of violence" does not

include any other offense or crash involving a motor vehicle

except those vehicle offenses specifically provided for in

this paragraph. "Crime of violence" does include all of the

offenses specifically provided for in this paragraph that

occur within this State but are subject to federal

jurisdiction and crimes involving terrorism as defined in 18

U.S.C. 2331.

(d) "Victim" means (1) a person killed or injured in this

State as a result of a crime of violence perpetrated or

attempted against him or her, (2) the spouse, parent, or child

of a person killed or injured in this State as a result of a

crime of violence perpetrated or attempted against the person,

or anyone living in the household of a person killed or injured

in a relationship that is substantially similar to that of a

parent, spouse, or child, (3) a person killed or injured in

this State while attempting to assist a person against whom a

crime of violence is being perpetrated or attempted, if that

attempt of assistance would be expected of a reasonable person

under the circumstances, (4) a person killed or injured in

this State while assisting a law enforcement official

apprehend a person who has perpetrated a crime of violence or

prevent the perpetration of any such crime if that assistance

was in response to the express request of the law enforcement

official, (5) a person who personally witnessed a violent

crime, (5.05) a person who will be called as a witness by the

prosecution to establish a necessary nexus between the

offender and the violent crime, (5.1) solely for the purpose

of compensating for pecuniary loss incurred for psychological

treatment of a mental or emotional condition caused or

aggravated by the crime, any other person under the age of 18

who is the brother, sister, half brother, or half sister of a

person killed or injured in this State as a result of a crime

of violence, (6) an Illinois resident who is a victim of a

"crime of violence" as defined in this Act except, if the crime

occurred outside this State, the resident has the same rights

under this Act as if the crime had occurred in this State upon

a showing that the state, territory, country, or political

subdivision of a country in which the crime occurred does not

have a compensation of victims of crimes law for which that

Illinois resident is eligible, (7) a deceased person whose

body is dismembered or whose remains are desecrated as the

result of a crime of violence, or (8) solely for the purpose of

compensating for pecuniary loss incurred for psychological

treatment of a mental or emotional condition caused or

aggravated by the crime, any parent, spouse, or child under

the age of 18 of a deceased person whose body is dismembered or

whose remains are desecrated as the result of a crime of

violence.

(e) "Dependent" means a relative of a deceased victim who

was wholly or partially dependent upon the victim's income at

the time of his or her death and shall include the child of a

victim born after his or her death.

(f) "Relative" means a spouse, parent, grandparent,

stepfather, stepmother, child, grandchild, brother,

brother-in-law, sister, sister-in-law, half brother, half

sister, spouse's parent, nephew, niece, uncle, aunt, or anyone

living in the household of a person killed or injured in a

relationship that is substantially similar to that of a

parent, spouse, or child.

(g) "Child" means a son or daughter and includes a

stepchild, an adopted child or a child born out of wedlock.

(h) "Pecuniary loss" means, in the case of injury,

appropriate medical expenses and hospital expenses including

expenses of medical examinations, rehabilitation, medically

required nursing care expenses, appropriate psychiatric care

or psychiatric counseling expenses, appropriate expenses for

care or counseling by a licensed clinical psychologist,

licensed clinical social worker, licensed professional

counselor, or licensed clinical professional counselor and

expenses for treatment by Christian Science practitioners and

nursing care appropriate thereto; transportation expenses to

and from medical and counseling treatment facilities;

prosthetic appliances, eyeglasses, and hearing aids necessary

or damaged as a result of the crime; expenses incurred for the

towing and storage of a victim's vehicle in connection with a

crime of violence, to a maximum of $1,000; costs associated

with trafficking tattoo removal by a person authorized or

licensed to perform the specific removal procedure;

replacement costs for clothing and bedding used as evidence;

costs associated with temporary lodging or relocation

necessary as a result of the crime, including, but not limited

to, the first month's rent and security deposit of the

dwelling that the claimant relocated to and other reasonable

relocation expenses incurred as a result of the violent crime;

locks or windows necessary or damaged as a result of the crime;

the purchase, lease, or rental of equipment necessary to

create usability of and accessibility to the victim's real and

personal property, or the real and personal property which is

used by the victim, necessary as a result of the crime; the

costs of appropriate crime scene clean-up; replacement

services loss, to a maximum of $1,250 per month; dependents

replacement services loss, to a maximum of $1,250 per month;

loss of tuition paid to attend grammar school or high school

when the victim had been enrolled as a student prior to the

injury, or college or graduate school when the victim had been

enrolled as a day or night student prior to the injury when the

victim becomes unable to continue attendance at school as a

result of the crime of violence perpetrated against him or

her; loss of earnings, loss of future earnings because of

disability resulting from the injury, and, in addition, in the

case of death, expenses for funeral, burial, and travel and

transport for survivors of homicide victims to secure bodies

of deceased victims and to transport bodies for burial all of

which may be awarded up to a maximum of $10,000 and loss of

support of the dependents of the victim; in the case of

dismemberment or desecration of a body, expenses for funeral

and burial, all of which may be awarded up to a maximum of

$10,000. Loss of future earnings shall be reduced by any

income from substitute work actually performed by the victim

or by income he or she would have earned in available

appropriate substitute work he or she was capable of

performing but unreasonably failed to undertake. Loss of

earnings, loss of future earnings and loss of support shall be

determined on the basis of the victim's average net monthly

earnings for the 6 months immediately preceding the date of

the injury or on $2,400 per month, whichever is less or, in

cases where the absences commenced more than 3 years from the

date of the crime, on the basis of the net monthly earnings for

the 6 months immediately preceding the date of the first

absence, not to exceed $2,400 per month. If a divorced or

legally separated applicant is claiming loss of support for a

minor child of the deceased, the amount of support for each

child shall be based either on the amount of support pursuant

to the judgment prior to the date of the deceased victim's

injury or death, or, if the subject of pending litigation

filed by or on behalf of the divorced or legally separated

applicant prior to the injury or death, on the result of that

litigation. Real and personal property includes, but is not

limited to, vehicles, houses, apartments, town houses, or

condominiums. Pecuniary loss does not include pain and

suffering or property loss or damage.

The changes made to this subsection by Public Act 101-652

this amendatory Act of the 101st General Assembly apply to

actions commenced or pending on or after January 1, 2022.

(i) "Replacement services loss" means expenses reasonably

incurred in obtaining ordinary and necessary services in lieu

of those the injured person would have performed, not for

income, but for the benefit of himself or herself or his or her

family, if he or she had not been injured.

(j) "Dependents replacement services loss" means loss

reasonably incurred by dependents or private legal guardians

of minor dependents after a victim's death in obtaining

ordinary and necessary services in lieu of those the victim

would have performed, not for income, but for their benefit,

if he or she had not been fatally injured.

(k) "Survivor" means immediate family including a parent,

stepfather, stepmother, child, brother, sister, or spouse.

(l) "Parent" means a natural parent, adopted parent,

stepparent, or permanent legal guardian of another person.

(m) "Trafficking tattoo" is a tattoo which is applied to a

victim in connection with the commission of a violation of

Section 10-9 of the Criminal Code of 2012.

(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;

102-27, eff. 6-25-21; 102-905, eff. 1-1-23; 102-982, eff.

7-1-23; revised 12-14-22.)

Section 730. The Illinois Domestic Violence Act of 1986 is

amended by changing Sections 202, 212, and 217 as follows:

(750 ILCS 60/202) (from Ch. 40, par. 2312-2)

Sec. 202. Commencement of action; filing fees; dismissal.

(a) How to commence action. Actions for orders of

protection are commenced:

(1) Independently: By filing a petition for an order

of protection in any civil court, unless specific courts

are designated by local rule or order.

(2) In conjunction with another civil proceeding: By

filing a petition for an order of protection under the

same case number as another civil proceeding involving the

parties, including, but not limited to: (i) any proceeding

under the Illinois Marriage and Dissolution of Marriage

Act, Illinois Parentage Act of 2015, Nonsupport of Spouse

and Children Act, or Revised Uniform Reciprocal

Enforcement of Support Act or an action for nonsupport

brought under Article X of the Illinois Public Aid Code,

provided that a petitioner and the respondent are a party

to or the subject of that proceeding or (ii) a

guardianship proceeding under the Probate Act of 1975, or

a proceeding for involuntary commitment under the Mental

Health and Developmental Disabilities Code, or any

proceeding, other than a delinquency petition, under the

Juvenile Court Act of 1987, provided that a petitioner or

the respondent is a party to or the subject of such

proceeding.

(3) In conjunction with a delinquency petition or a

criminal prosecution as provided in Section 112A-20 of the

Code of Criminal Procedure of 1963.

(a-1) A petition for an order of protection may be filed in

person in-person or online.

(a-5) When a petition for an emergency order of protection

is filed, the petition shall not be publicly available until

the petition is served on the respondent.

(b) Filing, certification, and service fees. No fee shall

be charged by the clerk for filing, amending, vacating,

certifying, or photocopying petitions or orders; or for

issuing alias summons; or for any related filing service. No

fee shall be charged by the sheriff for service by the sheriff

of a petition, rule, motion, or order in an action commenced

under this Section.

(c) Dismissal and consolidation. Withdrawal or dismissal

of any petition for an order of protection prior to

adjudication where the petitioner is represented by the State

shall operate as a dismissal without prejudice. No action for

an order of protection shall be dismissed because the

respondent is being prosecuted for a crime against the

petitioner. An independent action may be consolidated with

another civil proceeding, as provided by paragraph (2) of

subsection (a) of this Section. For any action commenced under

paragraph (2) or (3) of subsection (a) of this Section,

dismissal of the conjoined case (or a finding of not guilty)

shall not require dismissal of the action for the order of

protection; instead, it may be treated as an independent

action and, if necessary and appropriate, transferred to a

different court or division. Dismissal of any conjoined case

shall not affect the validity of any previously issued order

of protection, and thereafter subsections (b)(1) and (b)(2) of

Section 220 shall be inapplicable to such order.

(d) Pro se petitions. The court shall provide, through the

office of the clerk of the court, simplified forms and

clerical assistance to help with the writing and filing of a

petition under this Section by any person not represented by

counsel. In addition, that assistance may be provided by the

State's Attorney state's attorney.

(e) As provided in this subsection, the administrative

director of the Administrative Office of the Illinois Courts,

with the approval of the administrative board of the courts,

may adopt rules to establish and implement a pilot program to

allow the electronic filing of petitions for temporary orders

of protection and the issuance of such orders by audio-visual

means to accommodate litigants for whom attendance in court to

file for and obtain emergency relief would constitute an undue

hardship or would constitute a risk of harm to the litigant.

(1) As used in this subsection:

(A) "Electronic means" means any method of

transmission of information between computers or other

machines designed for the purpose of sending or

receiving electronic transmission and that allows for

the recipient of information to reproduce the

information received in a tangible medium of

expression.

(B) "Independent audio-visual system" means an

electronic system for the transmission and receiving

of audio and visual signals, including those with the

means to preclude the unauthorized reception and

decoding of the signals by commercially available

television receivers, channel converters, or other

available receiving devices.

(C) "Electronic appearance" means an appearance in

which one or more of the parties are not present in the

court, but in which, by means of an independent

audio-visual system, all of the participants are

simultaneously able to see and hear reproductions of

the voices and images of the judge, counsel, parties,

witnesses, and any other participants.

(2) Any pilot program under this subsection (e) shall

be developed by the administrative director or his or her

delegate in consultation with at least one local

organization providing assistance to domestic violence

victims. The program plan shall include, but not be

limited to:

(A) identification of agencies equipped with or

that have access to an independent audio-visual system

and electronic means for filing documents; and

(B) identification of one or more organizations

who are trained and available to assist petitioners in

preparing and filing petitions for temporary orders of

protection and in their electronic appearances before

the court to obtain such orders; and

(C) identification of the existing resources

available in local family courts for the

implementation and oversight of the pilot program; and

(D) procedures for filing petitions and documents

by electronic means, swearing in the petitioners and

witnesses, preparation of a transcript of testimony

and evidence presented, and a prompt transmission of

any orders issued to the parties; and

(E) a timeline for implementation and a plan for

informing the public about the availability of the

program; and

(F) a description of the data to be collected in

order to evaluate and make recommendations for

improvements to the pilot program.

(3) In conjunction with an electronic appearance, any

petitioner for an ex parte temporary order of protection

may, using the assistance of a trained advocate if

necessary, commence the proceedings by filing a petition

by electronic means.

(A) A petitioner who is seeking an ex parte

temporary order of protection using an electronic

appearance must file a petition in advance of the

appearance and may do so electronically.

(B) The petitioner must show that traveling to or

appearing in court would constitute an undue hardship

or create a risk of harm to the petitioner. In granting

or denying any relief sought by the petitioner, the

court shall state the names of all participants and

whether it is granting or denying an appearance by

electronic means and the basis for such a

determination. A party is not required to file a

petition or other document by electronic means or to

testify by means of an electronic appearance.

(C) Nothing in this subsection (e) affects or

changes any existing laws governing the service of

process, including requirements for personal service

or the sealing and confidentiality of court records in

court proceedings or access to court records by the

parties to the proceedings.

(4) Appearances.

(A) All electronic appearances by a petitioner

seeking an ex parte temporary order of protection

under this subsection (e) are strictly voluntary and

the court shall obtain the consent of the petitioner

on the record at the commencement of each appearance.

(B) Electronic appearances under this subsection

(e) shall be recorded and preserved for transcription.

Documentary evidence, if any, referred to by a party

or witness or the court may be transmitted and

submitted and introduced by electronic means.

(Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23;

revised 12-13-22.)

(750 ILCS 60/212) (from Ch. 40, par. 2312-12)

Sec. 212. Hearings.

(a) A petition for an order of protection shall be treated

as an expedited proceeding, and no court shall transfer or

otherwise decline to decide all or part of such petition

except as otherwise provided herein. Nothing in this Section

shall prevent the court from reserving issues when

jurisdiction or notice requirements are not met.

(b) Any court or a division thereof which ordinarily does

not decide matters of child custody and family support may

decline to decide contested issues of physical care, custody,

visitation, or family support unless a decision on one or more

of those contested issues is necessary to avoid the risk of

abuse, neglect, removal from the State state or concealment

within the State state of the child or of separation of the

child from the primary caretaker. If the court or division

thereof has declined to decide any or all of these issues, then

it shall transfer all undecided issues to the appropriate

court or division. In the event of such a transfer, a

government attorney involved in the criminal prosecution may,

but need not, continue to offer counsel to the petitioner on

transferred matters.

(c) If the court transfers or otherwise declines to decide

any issue, judgment on that issue shall be expressly reserved

and ruling on other issues shall not be delayed or declined.

(d) A court in a county with a population above 250,000

shall offer the option of a remote hearing to a petitioner for

an order of protection. The court has the discretion to grant

or deny the request for a remote hearing. Each court shall

determine the procedure for a remote hearing. The petitioner

and respondent may appear remotely or in person in-person.

The court shall issue and publish a court order, standing

order, or local rule detailing information about the process

for requesting and participating in a remote court appearance.

The court order, standing order, or local rule shall be

published on the court's website and posted on signs

throughout the courthouse, including in the clerk's office.

The sign shall be written in plain language and include

information about the availability of remote court appearances

and the process for requesting a remote hearing.

(Source: P.A. 102-853, eff. 1-1-23; revised 12-13-22.)

(750 ILCS 60/217) (from Ch. 40, par. 2312-17)

Sec. 217. Emergency order of protection.

(a) Prerequisites. An emergency order of protection shall

issue if petitioner satisfies the requirements of this

subsection for one or more of the requested remedies. For each

remedy requested, the petitioner shall establish that:

(1) The court has jurisdiction under Section 208;

(2) The requirements of Section 214 are satisfied; and

(3) There is good cause to grant the remedy,

regardless of prior service of process or of notice upon

the respondent, because:

(i) For the remedies of "prohibition of abuse"

described in Section 214(b)(1), "stay away order and

additional prohibitions" described in Section

214(b)(3), "removal or concealment of minor child"

described in Section 214(b)(8), "order to appear"

described in Section 214(b)(9), "physical care and

possession of the minor child" described in Section

214(b)(5), "protection of property" described in

Section 214(b)(11), "prohibition of entry" described

in Section 214(b)(14), "prohibition of firearm

possession" described in Section 214(b)(14.5),

"prohibition of access to records" described in

Section 214(b)(15), and "injunctive relief" described

in Section 214(b)(16), the harm which that remedy is

intended to prevent would be likely to occur if the

respondent were given any prior notice, or greater

notice than was actually given, of the petitioner's

efforts to obtain judicial relief;

(ii) For the remedy of "grant of exclusive

possession of residence" described in Section

214(b)(2), the immediate danger of further abuse of

the petitioner by the respondent, if the petitioner

chooses or had chosen to remain in the residence or

household while the respondent was given any prior

notice or greater notice than was actually given of

the petitioner's efforts to obtain judicial relief,

outweighs the hardships to the respondent of an

emergency order granting the petitioner exclusive

possession of the residence or household. This remedy

shall not be denied because the petitioner has or

could obtain temporary shelter elsewhere while prior

notice is given to the respondent, unless the

hardships to respondent from exclusion from the home

substantially outweigh those to the petitioner;

(iii) For the remedy of "possession of personal

property" described in Section 214(b)(10), improper

disposition of the personal property would be likely

to occur if the respondent were given any prior

notice, or greater notice than was actually given, of

the petitioner's efforts to obtain judicial relief, or

the petitioner has an immediate and pressing need for

possession of that property.

An emergency order may not include the counseling, legal

custody, payment of support, or monetary compensation

remedies.

(a-5) When a petition for an emergency order of protection

is granted, the order and file shall not be public and shall

only be accessible to the court, the petitioner, law

enforcement, a domestic violence advocate or counselor, the

counsel of record for either party, and the State's Attorney

for the county until the order is served on the respondent.

(b) Appearance by respondent. If the respondent appears in

court for this hearing for an emergency order, he or she may

elect to file a general appearance and testify. Any resulting

order may be an emergency order, governed by this Section.

Notwithstanding the requirements of this Section, if all

requirements of Section 218 have been met, the court may issue

a 30-day interim order.

(c) Emergency orders: court holidays and evenings.

(1) Prerequisites. When the court is unavailable at

the close of business, the petitioner may file a petition

for a 21-day emergency order before any available circuit

judge or associate judge who may grant relief under this

Act. If the judge finds that there is an immediate and

present danger of abuse to the petitioner and that the

petitioner has satisfied the prerequisites set forth in

subsection (a) of Section 217, that judge may issue an

emergency order of protection.

(1.5) Issuance of order. The chief judge of the

circuit court may designate for each county in the circuit

at least one judge to be reasonably available to issue

orally, by telephone, by facsimile, or otherwise, an

emergency order of protection at all times, whether or not

the court is in session.

(2) Certification and transfer. The judge who issued

the order under this Section shall promptly communicate or

convey the order to the sheriff to facilitate the entry of

the order into the Law Enforcement Agencies Data System by

the Illinois State Police pursuant to Section 302. Any

order issued under this Section and any documentation in

support thereof shall be certified on the next court day

to the appropriate court. The clerk of that court shall

immediately assign a case number, file the petition, order

and other documents with the court, and enter the order of

record and file it with the sheriff for service, in

accordance with Section 222. Filing the petition shall

commence proceedings for further relief under Section 202.

Failure to comply with the requirements of this subsection

shall not affect the validity of the order.

(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21;

102-831, eff. 5-13-22; revised 7-29-22.)

Section 735. The Trusts for Employees Act is amended by

changing the title of the Act and Sections 1 and 2 as follows:

(760 ILCS 40/Act title)

An Act concerning trusts for employees employes, including

their beneficiaries.

(760 ILCS 40/1) (from Ch. 48, par. 39t)

Sec. 1. A trust created as a part of a plan for the benefit

of some or all of the employees employes of one or more

employers, including, but without limitation, a stock bonus,

pension, disability, death benefit, profit sharing,

unemployment benefit or other plan, for the purpose of

distributing for the benefit of the employees employes,

including their beneficiaries, the earnings or the principal,

or both earnings and principal, of the fund held in trust, may

continue in perpetuity or for such time as may be necessary to

accomplish the purpose for which it is created, and shall not

be invalid as violating any rule of law against perpetuities

or suspension of the power of alienation of the title to

property.

(Source: Laws 1957, p. 305; revised 8-23-22.)

(760 ILCS 40/2) (from Ch. 48, par. 39u)

Sec. 2. No rule of law against perpetuities or suspension

of the power of alienation of the title to property shall

operate to invalidate any trust heretofore created or

attempted to be created by an employer as part of a stock

bonus, pension, disability, death benefit, or profit sharing

plan for the benefit of some or all of his employees employes

to which contributions are made by the employer or employees

employes or both, for the purpose of distributing to the

employees employes earnings or principal or both earnings and

principal of the fund held in trust, unless the trust is

terminated by a court of competent jurisdiction in a suit

instituted within three years after the effective date of this

Act.

(Source: Laws 1945, p. 761; revised 8-23-22.)

Section 740. The Property Owned By Noncitizens Act is

amended by changing Section 8 as follows:

(765 ILCS 60/8) (from Ch. 6, par. 8)

Sec. 8. An act in regard to aliens noncitizens and to

restrict their right to acquire and hold real and personal

estate and to provide for the disposition of the lands now

owned by non-resident aliens noncitizens, approved June 16,

1887, and in force July 1, 1887, and all other acts and parts

of acts in conflict with this act, are hereby repealed.

(Source: P.A. 102-1030, eff. 5-27-22; revised 8-23-22.)

Section 745. The Illinois Human Rights Act is amended by

changing Section 1-103 as follows:

(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)

Sec. 1-103. General definitions. When used in this Act,

unless the context requires otherwise, the term:

(A) Age. "Age" means the chronological age of a person who

is at least 40 years old, except with regard to any practice

described in Section 2-102, insofar as that practice concerns

training or apprenticeship programs. In the case of training

or apprenticeship programs, for the purposes of Section 2-102,

"age" means the chronological age of a person who is 18 but not

yet 40 years old.

(B) Aggrieved party. "Aggrieved party" means a person who

is alleged or proved to have been injured by a civil rights

violation or believes he or she will be injured by a civil

rights violation under Article 3 that is about to occur.

(B-5) Arrest record. "Arrest record" means:

(1) an arrest not leading to a conviction;

(2) a juvenile record; or

(3) criminal history record information ordered

expunged, sealed, or impounded under Section 5.2 of the

Criminal Identification Act.

(C) Charge. "Charge" means an allegation filed with the

Department by an aggrieved party or initiated by the

Department under its authority.

(D) Civil rights violation. "Civil rights violation"

includes and shall be limited to only those specific acts set

forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,

3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,

5A-102, 6-101, 6-101.5, and 6-102 of this Act.

(E) Commission. "Commission" means the Human Rights

Commission created by this Act.

(F) Complaint. "Complaint" means the formal pleading filed

by the Department with the Commission following an

investigation and finding of substantial evidence of a civil

rights violation.

(G) Complainant. "Complainant" means a person including

the Department who files a charge of civil rights violation

with the Department or the Commission.

(G-5) Conviction record. "Conviction record" means

information indicating that a person has been convicted of a

felony, misdemeanor or other criminal offense, placed on

probation, fined, imprisoned, or paroled pursuant to any law

enforcement or military authority.

(H) Department. "Department" means the Department of Human

Rights created by this Act.

(I) Disability.

(1) "Disability" means a determinable physical or mental

characteristic of a person, including, but not limited to, a

determinable physical characteristic which necessitates the

person's use of a guide, hearing or support dog, the history of

such characteristic, or the perception of such characteristic

by the person complained against, which may result from

disease, injury, congenital condition of birth or functional

disorder and which characteristic:

(a) For purposes of Article 2, is unrelated to the

person's ability to perform the duties of a particular job

or position and, pursuant to Section 2-104 of this Act, a

person's illegal use of drugs or alcohol is not a

disability;

(b) For purposes of Article 3, is unrelated to the

person's ability to acquire, rent, or maintain a housing

accommodation;

(c) For purposes of Article 4, is unrelated to a

person's ability to repay;

(d) For purposes of Article 5, is unrelated to a

person's ability to utilize and benefit from a place of

public accommodation;

(e) For purposes of Article 5, also includes any

mental, psychological, or developmental disability,

including autism spectrum disorders.

(2) Discrimination based on disability includes unlawful

discrimination against an individual because of the

individual's association with a person with a disability.

(J) Marital status. "Marital status" means the legal

status of being married, single, separated, divorced, or

widowed.

(J-1) Military status. "Military status" means a person's

status on active duty in or status as a veteran of the armed

forces of the United States, status as a current member or

veteran of any reserve component of the armed forces of the

United States, including the United States Army Reserve,

United States Marine Corps Reserve, United States Navy

Reserve, United States Air Force Reserve, and United States

Coast Guard Reserve, or status as a current member or veteran

of the Illinois Army National Guard or Illinois Air National

Guard.

(K) National origin. "National origin" means the place in

which a person or one of his or her ancestors was born.

(K-5) "Order of protection status" means a person's status

as being a person protected under an order of protection

issued pursuant to the Illinois Domestic Violence Act of 1986,

Article 112A of the Code of Criminal Procedure of 1963, the

Stalking No Contact Order Act, or the Civil No Contact Order

Act, or an order of protection issued by a court of another

state.

(L) Person. "Person" includes one or more individuals,

partnerships, associations or organizations, labor

organizations, labor unions, joint apprenticeship committees,

or union labor associations, corporations, the State of

Illinois and its instrumentalities, political subdivisions,

units of local government, legal representatives, trustees in

bankruptcy or receivers.

(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,

or medical or common conditions related to pregnancy or

childbirth.

(M) Public contract. "Public contract" includes every

contract to which the State, any of its political

subdivisions, or any municipal corporation is a party.

(M-5) Race. "Race" includes traits associated with race,

including, but not limited to, hair texture and protective

hairstyles such as braids, locks, and twists.

(N) Religion. "Religion" includes all aspects of religious

observance and practice, as well as belief, except that with

respect to employers, for the purposes of Article 2,

"religion" has the meaning ascribed to it in paragraph (F) of

Section 2-101.

(O) Sex. "Sex" means the status of being male or female.

(O-1) Sexual orientation. "Sexual orientation" means

actual or perceived heterosexuality, homosexuality,

bisexuality, or gender-related identity, whether or not

traditionally associated with the person's designated sex at

birth. "Sexual orientation" does not include a physical or

sexual attraction to a minor by an adult.

(O-5) Source of income. "Source of income" means the

lawful manner by which an individual supports himself or

herself and his or her dependents.

(P) Unfavorable military discharge. "Unfavorable military

discharge" includes discharges from the Armed Forces of the

United States, their Reserve components, or any National Guard

or Naval Militia which are classified as RE-3 or the

equivalent thereof, but does not include those characterized

as RE-4 or "Dishonorable".

(Q) Unlawful discrimination. "Unlawful discrimination"

means discrimination against a person because of his or her

actual or perceived: race, color, religion, national origin,

ancestry, age, sex, marital status, order of protection

status, disability, military status, sexual orientation,

pregnancy, or unfavorable discharge from military service as

those terms are defined in this Section.

(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;

101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.

1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813,

eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23;

revised 12-14-22.)

Section 750. The Illinois Integrity, Notification, and

Fairness in Online Retail Marketplaces for Consumers (INFORM

Consumers) Act is amended by changing Section 1-10 as follows:

(815 ILCS 356/1-10)

Sec. 1-10. Online marketplace verification.

(a) Online marketplaces shall require that any high-volume

third-party seller on the online marketplace's platform

provide the online marketplace with the following information

no later than 10 days after qualifying as a high-volume

third-party seller on the platform:

(1) A bank account number, or, if the high-volume

third-party seller does not have a bank account, the name

of the payee for payments issued by the online marketplace

to the high-volume third-party seller. The bank account or

payee information required may be provided by the seller

to the online marketplace or other third parties

contracted by the online marketplace to maintain the

information, so long as the online marketplace ensures

that it can obtain the information on demand from the

other third parties.

(2) The contact information for the high-volume

third-party seller. If the high-volume third-party seller

is an individual, the individual's name shall be provided.

If the high-volume third-party seller is not an

individual, a copy of a valid government-issued

identification for an individual acting on behalf of the

seller that includes the individual's name or a copy of a

valid government-issued record or tax document that

includes the business name and physical address of the

seller shall be provided.

(3) A business tax identification number or, if the

high-volume third-party seller does not have a business

tax identification number, a taxpayer identification

number.

(4) A current working email address and phone number

for the high-volume third-party seller.

(b) An online marketplace shall periodically, but not less

than annually, notify any high-volume third-party seller on

the online marketplace's platform of the requirement to keep

any information collected under subsection (a) current and

require any high-volume third-party seller on the online

marketplace's platform to, not later than 10 days after

receiving the notice, electronically certify that:

(1) the high-volume third-party seller has provided

any changes to the information to the online marketplace,

if such changes have occurred;

(2) there have been no changes to the high-volume

third-party seller's information; or

(3) the high-volume third-party seller has provided

any changes to such information to the online marketplace.

(c) If a high-volume third-party seller does not provide

the information or certification required under this Section,

the online marketplace, after providing the seller with

written or electronic notice and an opportunity to provide the

information or certification not later than 10 days after the

issuance of the notice, shall suspend any future sales

activity of the seller until the seller provides the

information or certification.

(d) An online marketplace shall verify the information

collected under subsection (a) no later than 10 days after the

collection and shall verify any change to the information not

later than 10 days after being notified of the change by a

high-volume third-party seller under subsection (b). If a

high-volume third-party seller provides a copy of a valid

government-issued tax document, any information contained in

the document shall be presumed to be verified as of the date of

issuance of the document.

(e) An online marketplace shall require any high-volume

third-party seller with an aggregate total of $20,000 or more

in annual gross revenues on the online marketplace, and that

uses the online marketplace's platform, to provide information

to the online marketplace that includes the identity of the

high-volume third-party seller, including:

(1) the full name of the seller or seller's company

name, or the name by which the seller or company operates

on the online marketplace;

(2) the physical address of the seller;

(3) the contact information of the seller including a

current working phone number; a current working email

address for the seller; or other means of direct

electronic messaging that may be provided to the

high-volume third-party seller by the online marketplace

to allow for the direct, unhindered communication with

high-volume third-party sellers by users of the online

marketplace; and

(4) whether the high-volume third-party seller used a

different seller to supply consumer products to consumers

upon purchase, and, upon the request of a consumer, the

information described in paragraph (1) of this subsection

(e) relating to any such seller that supplied the consumer

product to the consumer, if the seller is different from

the high-volume third-party seller listed on the product

listing prior to purchase.

(f) An online marketplace shall provide to consumers the

information in subsection (e) in a conspicuous manner: (i) in

the order confirmation message or other document or

communication made to a consumer after a purchase is

finalized; and (ii) in the consumer's account transaction

history.

(g) Upon the request of a high-volume third-party seller,

an online marketplace may provide for partial disclosure of

the identity information required under subsection (e) as

follows:

(1) If the high-volume third-party seller certifies to

the online marketplace that the seller does not have a

business address and only has a residential street

address, or has a combined business and residential

address, the online marketplace may disclose only the

country and, if applicable, the state in which the

high-volume third-party seller resides; and inform

consumers that there is no business address available for

the seller and that consumer inquiries should be submitted

to the seller by phone, email, or other means of

electronic messaging provided to the seller by the online

marketplace.

(2) If the high-volume third-party seller certifies to

the online marketplace that the seller is a business that

has a physical address for product returns, the online

marketplace may disclose the seller's physical address for

product returns.

(3) If a high-volume third-party seller certifies to

the online marketplace that the seller does not have a

phone number other than a personal phone number, the

online marketplace shall inform consumers that there is no

phone number available for the seller and that consumer

inquiries should be submitted to the seller's email

address or other means of electronic messaging provided to

the seller by the online marketplace.

(h) If an online marketplace becomes aware that a

high-volume third-party seller has made a false representation

to the online marketplace in order to justify the provision of

a partial disclosure under subsection (g) or that a

high-volume third-party seller who has requested and received

a provision for a partial disclosure under subsection (g) has

not provided responsive answers within a reasonable time to

consumer inquiries submitted to the seller by phone, email, or

other means of electronic messaging provided to the seller by

the online marketplace, the online marketplace shall, after

providing the seller with written or electronic notice and an

opportunity to respond not later than 10 days after the

issuance of the notice, suspend any future sales activity of

the seller unless the seller consents to the disclosure of the

identity information required under subsection (e).

(i) If a high-volume third-party seller does not comply

with the requirements to provide and disclose information

under this Section, the online marketplace, after providing

the seller with written or electronic notice and an

opportunity to provide or disclose the information not later

than 10 days after the issuance of the notice, shall suspend

any future sales activity of the seller until the seller

complies with the requirements.

(j) An online marketplace shall disclose to consumers in a

clear and conspicuous manner on the product listing of any

high-volume third-party seller a reporting mechanism that

allows for electronic and telephonic reporting of suspicious

marketplace activity to the online marketplace.

(k) Information collected solely to comply with the

requirements of this Section may not be used for any other

purpose unless required by law. An online marketplace shall

implement and maintain reasonable security procedures and

practices, including administrative, physical, and technical

safeguards, appropriate to the nature of the data and the

purposes for which the data will be used, to protect the data

collected under this Section from unauthorized use,

disclosure, access, destruction, or modification.

Notwithstanding anything to the contrary in this subsection,

the Attorney General may request, by subpoena or otherwise,

and use any information collected to comply with the

requirements of this Section to enforce the provisions of this

Act as set forth in subsection (l).

(l) If the Attorney General has reason to believe that any

person has violated this Act, the Attorney General may bring

an action in the name of the People of the State against the

person to restrain by preliminary or permanent injunction the

use of such a method, act, or practice. The court, in its

discretion, may exercise all powers necessary, including, but

not limited to: injunction; revocation, forfeiture, or

suspension of any license, charter, franchise, certificate, or

other evidence of authority of any person to do business in

this State; appointment of a receiver; dissolution of domestic

corporations or associations or suspension or termination of

the right of foreign corporations or associations to do

business in this State; and restitution. In the administration

of this Section, the Attorney General may accept an Assurance

of Voluntary Compliance with respect to any method, act, or

practice deemed to be violative of this Act from any person who

has engaged in, is engaging in, or was about ab to engage in

such a method, act, or practice. Evidence of a violation of an

Assurance of Voluntary Compliance shall be prima facie

evidence of a violation of this Act in any subsequent

proceeding brought by the Attorney General against the alleged

violator. The Attorney General shall be empowered to issue

subpoenas to or examine under oath any person alleged to have

participated in or to have knowledge of the alleged method,

act, or practice in violation of this Act. Nothing in this Act

creates or is intended to create a private right of action

against any high-volume third-party seller, online marketplace

seller, or third-party seller based upon compliance or

noncompliance with its provisions.

(m) To the extent that a substantially similar federal law

or regulation conflicts with this Act, the federal law or

regulation controls.

(Source: P.A. 102-757, eff. 1-1-23; revised 12-19-22.)

Section 755. The Animal Parts and Products Ban Act is

amended by changing the title of the Act as follows:

(815 ILCS 357/Act title)

An Act concerning animal parts and products ivory.

Section 760. The Consumer Fraud and Deceptive Business

Practices Act is amended by changing Sections 2AA and 2EE as

follows:

(815 ILCS 505/2AA)

Sec. 2AA. Immigration services.

(a) "Immigration matter" means any proceeding, filing, or

action affecting the nonimmigrant, immigrant or citizenship

status of any person that arises under immigration and

naturalization law, executive order or presidential

proclamation of the United States or any foreign country, or

that arises under action of the United States Citizenship and

Immigration Services, the United States Department of Labor,

or the United States Department of State.

"Immigration assistance service" means any information or

action provided or offered to customers or prospective

customers related to immigration matters, excluding legal

advice, recommending a specific course of legal action, or

providing any other assistance that requires legal analysis,

legal judgment, or interpretation of the law.

"Compensation" means money, property, services, promise of

payment, or anything else of value.

"Employed by" means that a person is on the payroll of the

employer and the employer deducts from the employee's paycheck

social security and withholding taxes, or receives

compensation from the employer on a commission basis or as an

independent contractor.

"Reasonable costs" means actual costs or, if actual costs

cannot be calculated, reasonably estimated costs of such

things as photocopying, telephone calls, document requests,

and filing fees for immigration forms, and other nominal costs

incidental to assistance in an immigration matter.

(a-1) The General Assembly finds and declares that private

individuals who assist persons with immigration matters have a

significant impact on the ability of their clients to reside

and work within the United States and to establish and

maintain stable families and business relationships. The

General Assembly further finds that that assistance and its

impact also have a significant effect on the cultural, social,

and economic life of the State of Illinois and thereby

substantially affect the public interest. It is the intent of

the General Assembly to establish rules of practice and

conduct for those individuals to promote honesty and fair

dealing with residents and to preserve public confidence.

(a-5) The following persons are exempt from this Section,

provided they prove the exemption by a preponderance of the

evidence:

(1) An attorney licensed to practice law in any state

or territory of the United States, or of any foreign

country when authorized by the Illinois Supreme Court, to

the extent the attorney renders immigration assistance

service in the course of his or her practice as an

attorney.

(2) A legal intern, as described by the rules of the

Illinois Supreme Court, employed by and under the direct

supervision of a licensed attorney and rendering

immigration assistance service in the course of the

intern's employment.

(3) A not-for-profit organization recognized by the

Board of Immigration Appeals under 8 CFR 292.2(a) and

employees of those organizations accredited under 8 CFR

292.2(d).

(4) Any organization employing or desiring to employ a

documented or undocumented immigrant or nonimmigrant,

where the organization, its employees or its agents

provide advice or assistance in immigration matters to

documented or undocumented immigrant or nonimmigrant

employees or potential employees without compensation from

the individuals to whom such advice or assistance is

provided.

Nothing in this Section shall regulate any business to the

extent that such regulation is prohibited or preempted by

State or federal law.

All other persons providing or offering to provide

immigration assistance service shall be subject to this

Section.

(b) Any person who provides or offers to provide

immigration assistance service may perform only the following

services:

(1) Completing a government agency form, requested by

the customer and appropriate to the customer's needs, only

if the completion of that form does not involve a legal

judgment for that particular matter.

(2) Transcribing responses to a government agency form

which is related to an immigration matter, but not

advising a customer as to his or her answers on those

forms.

(3) Translating information on forms to a customer and

translating the customer's answers to questions posed on

those forms.

(4) Securing for the customer supporting documents

currently in existence, such as birth and marriage

certificates, which may be needed to be submitted with

government agency forms.

(5) Translating documents from a foreign language into

English.

(6) Notarizing signatures on government agency forms,

if the person performing the service is a notary public of

the State of Illinois.

(7) Making referrals, without fee, to attorneys who

could undertake legal representation for a person in an

immigration matter.

(8) Preparing or arranging for the preparation of

photographs and fingerprints.

(9) Arranging for the performance of medical testing

(including X-rays and AIDS tests) and the obtaining of

reports of such test results.

(10) Conducting English language and civics courses.

(11) Other services that the Attorney General

determines by rule may be appropriately performed by such

persons in light of the purposes of this Section.

Fees for a notary public, agency, or any other person who

is not an attorney or an accredited representative filling out

immigration forms shall be limited to the maximum fees set

forth in subsections (a) and (b) of Section 3-104 of the

Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee

schedule set forth in subsections (a) and (b) of Section 3-104

of the Illinois Notary Public Act shall apply to any person

that provides or offers to provide immigration assistance

service performing the services described therein. The

Attorney General may promulgate rules establishing maximum

fees that may be charged for any services not described in that

subsection. The maximum fees must be reasonable in light of

the costs of providing those services and the degree of

professional skill required to provide the services.

No person subject to this Act shall charge fees directly

or indirectly for referring an individual to an attorney or

for any immigration matter not authorized by this Article,

provided that a person may charge a fee for notarizing

documents as permitted by the Illinois Notary Public Act.

(c) Any person performing such services shall register

with the Illinois Attorney General and submit verification of

malpractice insurance or of a surety bond.

(d) Except as provided otherwise in this subsection,

before providing any assistance in an immigration matter a

person shall provide the customer with a written contract that

includes the following:

(1) An explanation of the services to be performed.

(2) Identification of all compensation and costs to be

charged to the customer for the services to be performed.

(3) A statement that documents submitted in support of

an application for nonimmigrant, immigrant, or

naturalization status may not be retained by the person

for any purpose, including payment of compensation or

costs.

This subsection does not apply to a not-for-profit

organization that provides advice or assistance in immigration

matters to clients without charge beyond a reasonable fee to

reimburse the organization's or clinic's reasonable costs

relating to providing immigration services to that client.

(e) Any person who provides or offers immigration

assistance service and is not exempted from this Section,

shall post signs at his or her place of business, setting forth

information in English and in every other language in which

the person provides or offers to provide immigration

assistance service. Each language shall be on a separate sign.

Signs shall be posted in a location where the signs will be

visible to customers. Each sign shall be at least 11 inches by

17 inches, and shall contain the following:

(1) The statement "I AM NOT AN ATTORNEY LICENSED TO

PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES

FOR LEGAL ADVICE.".

(2) The statement "I AM NOT ACCREDITED TO REPRESENT

YOU BEFORE THE UNITED STATES IMMIGRATION AND

NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF

APPEALS.".

(3) The fee schedule.

(4) The statement that "You may cancel any contract

within 3 working days and get your money back for services

not performed.".

(5) Additional information the Attorney General may

require by rule.

Every person engaged in immigration assistance service who

is not an attorney who advertises immigration assistance

service in a language other than English, whether by radio,

television, signs, pamphlets, newspapers, or other written

communication, with the exception of a single desk plaque,

shall include in the document, advertisement, stationery,

letterhead, business card, or other comparable written

material the following notice in English and the language in

which the written communication appears. This notice shall be

of a conspicuous size, if in writing, and shall state: "I AM

NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY

NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.". If

such advertisement is by radio or television, the statement

may be modified but must include substantially the same

message.

Any person who provides or offers immigration assistance

service and is not exempted from this Section shall not, in any

document, advertisement, stationery, letterhead, business

card, or other comparable written material, literally

translate from English into another language terms or titles

including, but not limited to, notary public, notary,

licensed, attorney, lawyer, or any other term that implies the

person is an attorney. To illustrate, the words "notario" and

"poder notarial" are prohibited under this provision.

If not subject to penalties under subsection (a) of

Section 3-103 of the Illinois Notary Public Act (5 ILCS

312/3-103), violations of this subsection shall result in a

fine of $1,000. Violations shall not preempt or preclude

additional appropriate civil or criminal penalties.

(f) The written contract shall be in both English and in

the language of the customer.

(g) A copy of the contract shall be provided to the

customer upon the customer's execution of the contract.

(h) A customer has the right to rescind a contract within

72 hours after his or her signing of the contract.

(i) Any documents identified in paragraph (3) of

subsection (c) shall be returned upon demand of the customer.

(j) No person engaged in providing immigration services

who is not exempted under this Section shall do any of the

following:

(1) Make any statement that the person can or will

obtain special favors from or has special influence with

the United States Immigration and Naturalization Service

or any other government agency.

(2) Retain any compensation for service not performed.

(2.5) Accept payment in exchange for providing legal

advice or any other assistance that requires legal

analysis, legal judgment, or interpretation of the law.

(3) Refuse to return documents supplied by, prepared

on behalf of, or paid for by the customer upon the request

of the customer. These documents must be returned upon

request even if there is a fee dispute between the

immigration assistant and the customer.

(4) Represent or advertise, in connection with the

provision of assistance in immigration matters, other

titles of credentials, including, but not limited to

"notary public" or "immigration consultant,", that could

cause a customer to believe that the person possesses

special professional skills or is authorized to provide

advice on an immigration matter; provided that a notary

public appointed by the Illinois Secretary of State may

use the term "notary public" if the use is accompanied by

the statement that the person is not an attorney; the term

"notary public" may not be translated to another language;

for example "notario" is prohibited.

(5) Provide legal advice, recommend a specific course

of legal action, or provide any other assistance that

requires legal analysis, legal judgment, or interpretation

of the law.

(6) Make any misrepresentation or of false statement,

directly or indirectly, to influence, persuade, or induce

patronage.

(k) (Blank).

(l) (Blank).

(m) Any person who violates any provision of this Section,

or the rules and regulations issued under this Section, shall

be guilty of a Class A misdemeanor for a first offense and a

Class 3 felony for a second or subsequent offense committed

within 5 years of a previous conviction for the same offense.

Upon his own information or upon the complaint of any

person, the Attorney General or any State's Attorney, or a

municipality with a population of more than 1,000,000, may

maintain an action for injunctive relief and also seek a civil

penalty not exceeding $50,000 in the circuit court against any

person who violates any provision of this Section. These

remedies are in addition to, and not in substitution for,

other available remedies.

If the Attorney General or any State's Attorney or a

municipality with a population of more than 1,000,000 fails to

bring an action as provided under this Section any person may

file a civil action to enforce the provisions of this Article

and maintain an action for injunctive relief, for compensatory

damages to recover prohibited fees, or for such additional

relief as may be appropriate to deter, prevent, or compensate

for the violation. In order to deter violations of this

Section, courts shall not require a showing of the traditional

elements for equitable relief. A prevailing plaintiff may be

awarded 3 times the prohibited fees or a minimum of $1,000 in

punitive damages, attorney's fees, and costs of bringing an

action under this Section. It is the express intention of the

General Assembly that remedies for violation of this Section

be cumulative.

(n) No unit of local government, including any home rule

unit, shall have the authority to regulate immigration

assistance services unless such regulations are at least as

stringent as those contained in Public Act 87-1211. It is

declared to be the law of this State, pursuant to paragraph (i)

of Section 6 of Article VII of the Illinois Constitution of

1970, that Public Act 87-1211 is a limitation on the authority

of a home rule unit to exercise powers concurrently with the

State. The limitations of this Section do not apply to a home

rule unit that has, prior to January 1, 1993 (the effective

date of Public Act 87-1211), adopted an ordinance regulating

immigration assistance services.

(o) This Section is severable under Section 1.31 of the

Statute on Statutes.

(p) The Attorney General shall issue rules not

inconsistent with this Section for the implementation,

administration, and enforcement of this Section. The rules may

provide for the following:

(1) The content, print size, and print style of the

signs required under subsection (e). Print sizes and

styles may vary from language to language.

(2) Standard forms for use in the administration of

this Section.

(3) Any additional requirements deemed necessary.

(Source: P.A. 102-1030, eff. 5-27-22; revised 8-19-22.)

(815 ILCS 505/2EE)

Sec. 2EE. Alternative retail electric supplier selection.

(a) An alternative retail electric supplier shall not

submit or execute a change in a consumer's selection of a

provider of electric service unless and until:

(i) the alternative retail electric supplier first

discloses all material terms and conditions of the offer

to the consumer;

(ii) if the consumer is a small commercial retail

customer as that term is defined in subsection (c) of this

Section or a residential consumer, the alternative retail

electric supplier discloses the utility electric supply

price to compare, which shall be the sum of the electric

supply charge and the transmission services charge, and

shall not include the purchased electricity adjustment,

applicable at the time the offer is made to the consumer;

(iii) if the consumer is a small commercial retail

customer as that term is defined in subsection (c) of this

Section or a residential consumer, the alternative retail

electric provider discloses the following statement:

"(Name of the alternative retail electric

supplier) is not the same entity as your electric

delivery company. You are not required to enroll with

(name of alternative retail electric supplier). As of

(effective date), the electric supply price to compare

is currently (price in cents per kilowatt hour). The

electric utility electric supply price will expire on

(expiration date). The utility electric supply price

to compare does not include the purchased electricity

adjustment factor. For more information go to the

Illinois Commerce Commission's free website at

www.pluginillinois.org.".

If applicable, the statement shall include the

following statement:

"The purchased electricity adjustment factor may

range between +.5 cents and -.5 cents per kilowatt

hour.";

(iv) the alternative retail electric supplier has

obtained the consumer's express agreement to accept the

offer after the disclosure of all material terms and

conditions of the offer; and

(v) the alternative retail electric supplier has

confirmed the request for a change in accordance with one

of the following procedures:

(A) The new alternative retail electric supplier

has obtained the consumer's written or electronically

signed authorization in a form that meets the

following requirements:

(1) An alternative retail electric supplier

shall obtain any necessary written or

electronically signed authorization from a

consumer for a change in electric service by using

a letter of agency as specified in this Section.

Any letter of agency that does not conform with

this Section is invalid.

(2) The letter of agency shall be a separate

document (an easily separable document containing

only the authorization language described in

subparagraph (5)) whose sole purpose is to

authorize an electric service provider change. The

letter of agency must be signed and dated by the

consumer requesting the electric service provider

change.

(3) The letter of agency shall not be combined

with inducements of any kind on the same document.

(4) Notwithstanding subparagraphs (1) and (2),

the letter of agency may be combined with checks

that contain only the required letter of agency

language prescribed in subparagraph (5) and the

necessary information to make the check a

negotiable instrument. The letter of agency check

shall not contain any promotional language or

material. The letter of agency check shall contain

in easily readable, bold-face type on the face of

the check, a notice that the consumer is

authorizing an electric service provider change by

signing the check. The letter of agency language

also shall be placed near the signature line on

the back of the check.

(5) At a minimum, the letter of agency must be

printed with a print of sufficient size to be

clearly legible, and must contain clear and

unambiguous language that confirms:

(i) The consumer's billing name and

address;

(ii) The decision to change the electric

service provider from the current provider to

the prospective provider;

(iii) The terms, conditions, and nature of

the service to be provided to the consumer

must be clearly and conspicuously disclosed,

in writing, and an alternative retail electric

supplier must directly establish the rates for

the service contracted for by the consumer;

and

(iv) That the consumer understand that any

alternative retail electric supplier selection

the consumer chooses may involve a charge to

the consumer for changing the consumer's

electric service provider.

(6) Letters of agency shall not suggest or

require that a consumer take some action in order

to retain the consumer's current electric service

provider.

(7) If any portion of a letter of agency is

translated into another language, then all

portions of the letter of agency must be

translated into that language.

(B) An appropriately qualified independent third

party has obtained, in accordance with the procedures

set forth in this subsection (b), the consumer's oral

authorization to change electric suppliers that

confirms and includes appropriate verification data.

The independent third party (i) must not be owned,

managed, controlled, or directed by the supplier or

the supplier's marketing agent; (ii) must not have any

financial incentive to confirm supplier change

requests for the supplier or the supplier's marketing

agent; and (iii) must operate in a location physically

separate from the supplier or the supplier's marketing

agent.

Automated third-party verification systems and

3-way conference calls may be used for verification

purposes so long as the other requirements of this

subsection (b) are satisfied.

A supplier or supplier's sales representative

initiating a 3-way conference call or a call through

an automated verification system must drop off the

call once the 3-way connection has been established.

All third-party verification methods shall elicit,

at a minimum, the following information: (i) the

identity of the consumer; (ii) confirmation that the

person on the call is the account holder, has been

specifically and explicitly authorized by the account

holder, or possesses lawful authority to make the

supplier change; (iii) confirmation that the person on

the call wants to make the supplier change; (iv) the

names of the suppliers affected by the change; (v) the

service address of the supply to be switched; and (vi)

the price of the service to be supplied and the

material terms and conditions of the service being

offered, including whether any early termination fees

apply. Third-party verifiers may not market the

supplier's services by providing additional

information, including information regarding

procedures to block or otherwise freeze an account

against further changes.

All third-party verifications shall be conducted

in the same language that was used in the underlying

sales transaction and shall be recorded in their

entirety. Submitting suppliers shall maintain and

preserve audio records of verification of subscriber

authorization for a minimum period of 2 years after

obtaining the verification. Automated systems must

provide consumers with an option to speak with a live

person at any time during the call. Each disclosure

made during the third-party verification must be made

individually to obtain clear acknowledgment of each

disclosure. The alternative retail electric supplier

must be in a location where he or she cannot hear the

customer while the third-party verification is

conducted. The alternative retail electric supplier

shall not contact the customer after the third-party

verification for a period of 24 hours unless the

customer initiates the contact.

(C) When a consumer initiates the call to the

prospective alternative retail electric supplier, in

order to enroll the consumer as a customer, the

prospective alternative retail electric supplier must,

with the consent of the customer, make a date-stamped,

time-stamped audio recording that elicits, at a

minimum, the following information:

(1) the identity of the customer;

(2) confirmation that the person on the call

is authorized to make the supplier change;

(3) confirmation that the person on the call

wants to make the supplier change;

(4) the names of the suppliers affected by the

change;

(5) the service address of the supply to be

switched; and

(6) the price of the service to be supplied

and the material terms and conditions of the

service being offered, including whether any early

termination fees apply.

Submitting suppliers shall maintain and preserve

the audio records containing the information set forth

above for a minimum period of 2 years.

(b)(1) An alternative retail electric supplier shall not

utilize the name of a public utility in any manner that is

deceptive or misleading, including, but not limited to,

implying or otherwise leading a consumer to believe that an

alternative retail electric supplier is soliciting on behalf

of or is an agent of a utility. An alternative retail electric

supplier shall not utilize the name, or any other identifying

insignia, graphics, or wording that has been used at any time

to represent a public utility company or its services, to

identify, label, or define any of its electric power and

energy service offers. An alternative retail electric supplier

may state the name of a public electric utility in order to

accurately describe the electric utility service territories

in which the supplier is currently offering an electric power

and energy service. An alternative retail electric supplier

that is the affiliate of an Illinois public utility and that

was doing business in Illinois providing alternative retail

electric service on January 1, 2016 may continue to use that

public utility's name, logo, identifying insignia, graphics,

or wording in its business operations occurring outside the

service territory of the public utility with which it is

affiliated.

(2) An alternative retail electric supplier shall not

state or otherwise imply that the alternative retail electric

supplier is employed by, representing, endorsed by, or acting

on behalf of a utility or utility program, a consumer group or

consumer group program, or a governmental body, unless the

alternative retail electric supplier has entered into a

contractual arrangement with the governmental body and has

been authorized by the governmental body to make the

statements.

(c) An alternative retail electric supplier shall not

submit or execute a change in a consumer's selection of a

provider of electric service unless the alternative retail

electric supplier complies with the following requirements of

this subsection (c). It is a violation of this Section for an

alternative retail electric supplier to fail to comply with

this subsection (c). The requirements of this subsection (c)

shall only apply to residential and small commercial retail

customers. For purposes of this subsection (c) only, "small

commercial retail customer" has the meaning given to that term

in Section 16-102 of the Public Utilities Act.

(1) During a solicitation an alternative retail

electric supplier shall state that he or represents an

independent seller of electric power and energy service

certified by the Illinois Commerce Commission and that he

or she is not employed by, representing, endorsed by, or

acting on behalf of, a utility, or a utility program, a

consumer group or consumer group program, or a

governmental body, unless the alternative retail electric

supplier has entered into a contractual arrangement with

the governmental body and has been authorized with the

governmental body to make the statements.

(2) Alternative retail electric suppliers who engage

in in-person solicitation for the purpose of selling

electric power and energy service offered by the

alternative retail electric supplier shall display

identification on an outer garment. This identification

shall be visible at all times and prominently display the

following: (i) the alternative retail electric supplier

agent's full name in reasonable size font; (ii) an agent

identification number; (iii) a photograph of the

alternative retail electric supplier agent; and (iv) the

trade name and logo of the alternative retail electric

supplier the agent is representing. If the agent is

selling electric power and energy services from multiple

alternative retail electric suppliers to the consumer, the

identification shall display the trade name and logo of

the agent, broker, or consultant entity as that entity is

defined in Section 16-115C of the Public Utilities Act. An

alternative retail electric supplier shall leave the

premises at the consumer's, owner's, or occupant's

request. A copy of the Uniform Disclosure Statement

described in 83 Ill. Adm. Code 412.115 and 412.Appendix A

is to be left with the consumer, at the conclusion of the

visit unless the consumer refuses to accept a copy. An

alternative retail electric supplier may provide the

Uniform Disclosure Statement electronically instead of in

paper form to a consumer upon that customer's request. The

alternative retail electric supplier shall also offer to

the consumer, at the time of the initiation of the

solicitation, a business card or other material that lists

the agent's name, identification number and title, and the

alternative retail electric supplier's name and contact

information, including phone number. The alternative

retail electric supplier shall not conduct any in-person

solicitations of consumers at any building or premises

where any sign, notice, or declaration of any description

whatsoever is posted that prohibits sales, marketing, or

solicitations. The alternative retail electric supplier

shall obtain consent to enter multi-unit residential

dwellings. Consent obtained to enter a multi-unit dwelling

from one prospective customer or occupant of the dwelling

shall not constitute consent to market to any other

prospective consumers without separate consent.

(3) An alternative retail electric supplier who

contacts consumers by telephone for the purpose of selling

electric power and energy service shall provide the

agent's name and identification number. Any telemarketing

solicitations that lead to a telephone enrollment of a

consumer must be recorded and retained for a minimum of 2

years. All telemarketing calls of consumers that do not

lead to a telephone enrollment, but last at least 2

minutes, shall be recorded and retained for a minimum of 6

months.

(4) During an inbound enrollment call, an alternative

retail electric supplier shall state that he or she

represents an independent seller of electric power and

energy service certified by the Illinois Commerce

Commission. All inbound enrollment calls that lead to an

enrollment shall be recorded, and the recordings shall be

retained for a minimum of 2 years. An inbound enrollment

call that does not lead to an enrollment, but lasts at

least 2 minutes, shall be retained for a minimum of 6

months. The alternative retail electric supplier shall

send the Uniform Disclosure Statement and contract to the

customer within 3 business days after the electric

utility's confirmation to the alternative retail electric

supplier of an accepted enrollment.

(5) If a direct mail solicitation to a consumer

includes a written letter of agency, it shall include the

Uniform Disclosure Statement described in 83 Ill. Adm.

Code 412.115 and 412.Appendix A. The Uniform Disclosure

Statement shall be provided on a separate page from the

other marketing materials included in the direct mail

solicitation. If a written letter of agency is being used

to authorize a consumer's enrollment, the written letter

of agency shall comply with this Section. A copy of the

contract must be sent to the consumer within 3 business

days after the electric utility's confirmation to the

alternative retail electric supplier of an accepted

enrollment.

(6) Online Solicitation.

(A) Each alternative retail electric supplier

offering electric power and energy service to

consumers online shall clearly and conspicuously make

all disclosures for any services offered through

online enrollment before requiring the consumer to

enter any personal information other than zip code,

electric utility service territory, or type of service

sought.

(B) Notwithstanding any requirements in this

Section to the contrary, an alternative retail

electric supplier may secure consent from the consumer

to obtain customer-specific billing and usage

information for the sole purpose of determining and

pricing a product through a letter of agency or method

approved through an Illinois Commerce Commission

docket before making all disclosure for services

offered through online enrollment. It is a violation

of this Act for an alternative retail electric

supplier to use a consumer's utility account number to

execute or change a consumer's enrollment unless the

consumer expressly consents to that enrollment as

required by law.

(C) The enrollment website of the alternative

retail electric supplier shall, at a minimum, include:

(i) disclosure of all material terms and conditions of

the offer; (ii) a statement that electronic acceptance

of the terms and conditions is an agreement to

initiate service and begin enrollment; (iii) a

statement that the consumer shall review the contract

or contact the current supplier to learn if any early

termination fees are applicable; and (iv) an email

address and toll-free phone number of the alternative

retail electric supplier where the customer can

express a decision to rescind the contract.

(7)(A) Beginning January 1, 2020, an alternative

retail electric supplier shall not sell or offer to sell

any products or services to a consumer pursuant to a

contract in which the contract automatically renews,

unless an alternative retail electric supplier provides to

the consumer at the outset of the offer, in addition to

other disclosures required by law, a separate written

statement titled "Automatic Contract Renewal" that clearly

and conspicuously discloses in bold lettering in at least

12-point font the terms and conditions of the automatic

contract renewal provision, including: (i) the estimated

bill cycle on which the initial contract term expires and

a statement that it could be later based on when the

utility accepts the initial enrollment; (ii) the estimated

bill cycle on which the new contract term begins and a

statement that it will immediately follow the last billing

cycle of the current term; (iii) the procedure to

terminate the contract before the new contract term

applies; and (iv) the cancellation procedure. If the

alternative retail electric supplier sells or offers to

sell the products or services to a consumer during an

in-person solicitation or telemarketing solicitation, the

disclosures described in this subparagraph (A) shall also

be made to the consumer verbally during the solicitation.

Nothing in this subparagraph (A) shall be construed to

apply to contracts entered into before January 1, 2020.

(B) At least 30 days before, but not more than 60

days prior, to the end of the initial contract term, in

any and all contracts that automatically renew after

the initial term, the alternative retail electric

supplier shall send, in addition to other disclosures

required by law, a separate written notice of the

contract renewal to the consumer that clearly and

conspicuously discloses the following:

(i) a statement printed or visible from the

outside of the envelope or in the subject line of

the email, if the customer has agreed to receive

official documents by email, that states "Contract

Renewal Notice";

(ii) a statement in bold lettering, in at

least 12-point font, that the contract will

automatically renew unless the customer cancels

it;

(iii) the billing cycle in which service under

the current term will expire;

(iv) the billing cycle in which service under

the new term will begin;

(v) the process and options available to the

consumer to reject the new contract terms;

(vi) the cancellation process if the

consumer's contract automatically renews before

the consumer rejects the new contract terms;

(vii) the terms and conditions of the new

contract term;

(viii) for a fixed rate contract, a

side-by-side comparison of the current price and

the new price; for a variable rate contract or

time-of-use product in which the first month's

renewal price can be determined, a side-by-side

comparison of the current price and the price for

the first month of the new variable or time-of-use

price; or for a variable or time-of-use contract

based on a publicly available index, a

side-by-side comparison of the current formula and

the new formula; and

(ix) the phone number and Internet address to

submit a consumer inquiry or complaint to the

Illinois Commerce Commission and the Office of the

Attorney General.

(C) An alternative retail electric supplier shall

not automatically renew a consumer's enrollment after

the current term of the contract expires when the

current term of the contract provides that the

consumer will be charged a fixed rate and the renewed

contract provides that the consumer will be charged a

variable rate, unless: (i) the alternative retail

electric supplier complies with subparagraphs (A) and

(B); and (ii) the customer expressly consents to the

contract renewal in writing or by electronic signature

at least 30 days, but no more than 60 days, before the

contract expires.

(D) This paragraph (7) does not apply to customers

enrolled in a municipal aggregation program pursuant

to Section 1-92 of the Illinois Power Agency Act.

(8) All in-person and telephone solicitations shall be

conducted in, translated into, and provided in a language

in which the consumer subject to the marketing or

solicitation is able to understand and communicate. An

alternative retail electric supplier shall terminate a

solicitation if the consumer subject to the marketing or

communication is unable to understand and communicate in

the language in which the marketing or solicitation is

being conducted. An alternative retail electric supplier

shall comply with Section 2N of this Act.

(9) Beginning January 1, 2020, consumers shall have

the right to terminate their contract with the alternative

retail electric supplier at any time without any

termination fees or penalties.

(10) An alternative retail electric supplier shall not

submit a change to a customer's electric service provider

in violation of Section 16-115E of the Public Utilities

Act.

(d) Complaints may be filed with the Illinois Commerce

Commission under this Section by a consumer whose electric

service has been provided by an alternative retail electric

supplier in a manner not in compliance with this Section or by

the Illinois Commerce Commission on its own motion when it

appears to the Commission that an alternative retail electric

supplier has provided service in a manner not in compliance

with this Section. If, after notice and hearing, the

Commission finds that an alternative retail electric supplier

has violated this Section, the Commission may in its

discretion do any one or more of the following:

(1) Require the violating alternative retail electric

supplier to refund to the consumer charges collected in

excess of those that would have been charged by the

consumer's authorized electric service provider.

(2) Require the violating alternative retail electric

supplier to pay to the consumer's authorized electric

service provider the amount the authorized electric

service provider would have collected for the electric

service. The Commission is authorized to reduce this

payment by any amount already paid by the violating

alternative retail electric supplier to the consumer's

authorized provider for electric service.

(3) Require the violating alternative retail electric

supplier to pay a fine of up to $10,000 into the Public

Utility Fund for each violation of this Section.

(4) Issue a cease and desist order.

(5) For a pattern of violation of this Section or for

violations that continue after a cease and desist order,

revoke the violating alternative retail electric

supplier's certificate of service authority.

(e) For purposes of this Section:

"Electric service provider" shall have the meaning given

that phrase in Section 6.5 of the Attorney General Act.

"Alternative retail electric supplier" has the meaning

given to that term in Section 16-102 of the Public Utilities

Act.

(Source: P.A. 101-590, eff. 1-1-20; 102-958, eff. 1-1-23;

revised 12-13-22.)

Section 765. The Employee Arbitration Act is amended by

changing Sections 2, 3, 5, 5a, 5b, 6, and 6a as follows:

(820 ILCS 35/2) (from Ch. 10, par. 20)

Sec. 2. When any controversy or difference not involving

questions which may be the subject of a civil action, exists

between an employer, whether an individual, copartnership or

corporation, employing not less than 25 persons, and his

employees employes in this State, the Department of Labor

shall upon application as herein provided, and as soon as

practicable thereafter, visit the locality of the dispute and

make a careful inquiry into the cause thereof, hear all

persons interested therein who may come before it, advise the

respective parties what, if anything ought to be done or

submitted to by both to adjust the dispute, and make a written

decision thereof. This decision shall at once be made public,

shall be recorded upon proper books of record kept by the

Department of Labor, and a short statement thereof published

in the annual report hereinafter provided for, and the

Department shall cause a copy thereof to be filed with the

clerk of the city, town or village where said business is

carried on.

(Source: P.A. 76-1403; revised 8-19-22.)

(820 ILCS 35/3) (from Ch. 10, par. 21)

Sec. 3. The application shall be signed by the employer or

by a majority of his or her employees employes in the

department of the business in which the controversy or

difference exists, or by both parties, and shall contain a

concise statement of the grievances complained of, and a

promise to continue on in business or at work without any

lockout or strike until the decision of said Department, if it

shall be made within 3 weeks of the date of filing said

application. As soon as may be after the receipt of the

application the Department shall cause public notice to be

given of the time and place of the hearing thereon; but public

notice need not be given when both parties to the controversy

join in the application and present therewith a written

request that no public notice be given. When such request is

made, notice shall be given to the parties interested in such

manner as the Department may order, and the Department may, at

any stage of the proceedings, cause public notice to be given,

notwithstanding such request. The Department may in all cases

summon as witnesses any operative or expert in the department

of business affected, and any person who keeps the records of

wages earned in those departments, or any other person, and

examine them under oath, and require the production of books

containing the records of wages paid, and such other books and

papers as may be deemed necessary to a full and fair

investigation of the matter in controversy. The Department may

issue subpoenas, and oath may be administered by the Director

of the Department or by any authorized officer or employee

thereof. If any person, having been served with a subpoena or

other process issued by the Department, shall willfully fail

or refuse to obey the same, or to answer such questions as may

be propounded touching the subject-matter of the inquiry or

investigation, the circuit court of the county in which the

hearing is being conducted, upon application by the

Department, duly attested by the Director thereof, shall issue

an attachment for such witness and compel him to appear before

the Department and give his or her testimony, or to produce

such books and papers as may be lawfully required by the

Department; and the court may punish for contempt, as in other

cases of refusal to obey the process and order of such court.

(Source: P.A. 83-334; revised 8-19-22.)

(820 ILCS 35/5) (from Ch. 10, par. 23)

Sec. 5. Said decision shall be binding upon the parties

who join in said application for six months or until either

party has given the other notice in writing of his or their

intention not to be bound by the same at the expiration of

sixty days therefrom. Said notice may be given to said

employees employes by posting in three conspicuous places in

the shop or factory where they work.

(Source: Laws 1895, p. 5; revised 8-19-22.)

(820 ILCS 35/5a) (from Ch. 10, par. 24)

Sec. 5a. In the event of a failure to abide by the

decisions of the Department of Labor in any case in which both

employer and employees employes shall have joined in the

application, any person or persons aggrieved thereby may file

with the clerk of the circuit court of the county in which the

offending party resides, or in the case of an employer in the

county in which the place of employment is located, a duly

authenticated copy of such decision, accompanied by a verified

petition reciting the fact that such decision has not been

complied with and stating by whom and in what respects it has

been disregarded. Thereupon the circuit court shall grant a

rule against the party or parties so charged to show cause

within 10 days why such decision has not been complied with,

which shall be served by the sheriff as other process. Upon

return made to the rule, the court shall hear and determine the

questions presented, and to secure a compliance with such

decision, may punish the offending party or parties for

contempt, but such punishment shall in no case extend to

imprisonment.

(Source: P.A. 83-334; revised 8-19-22.)

(820 ILCS 35/5b) (from Ch. 10, par. 25)

Sec. 5b. Whenever two or more employers engaged in the

same general line of business, employing in the aggregate not

less than twenty-five persons, and having a common difference

with their employees employes, shall, co-operating together,

make application for arbitration, or whenever such application

shall be made by the employees employes of two or more

employers engaged in the same general line of business, such

employees employes being not less than twenty-five in number,

and having a common difference with their employers, or

whenever the application shall be made jointly by the

employers and employees employes in such case, the Department

of Labor shall have the same powers and proceed in the same

manner as if the application had been made by one employer, or

by the employees employes of one employer, or by both.

(Source: Laws 1943, vol. 1, p. 207; revised 8-19-22.)

(820 ILCS 35/6) (from Ch. 10, par. 26)

Sec. 6. Whenever it shall come to the knowledge of the

Department of Labor that a strike or lockout is seriously

threatened in the State involving an employer and his

employees employes, if he is employing not less than

twenty-five persons, the Department shall communicate as soon

as may be with such employer or employees employes, and

endeavor by mediation to effect an amicable settlement, or

persuade them to submit the matters in dispute to the

Department.

(Source: Laws 1943, vol. 1, p. 207; revised 8-19-22.)

(820 ILCS 35/6a) (from Ch. 10, par. 27)

Sec. 6a. The Mayor of every City, and the President of

every incorporated town or village, whenever a strike or

lockout involving more than twenty-five employees employes

shall be threatened or has actually occurred within or near

such City, incorporated town or village shall immediately

communicate the fact to the Department of Labor, stating the

name or names of the employer or employers and of one or more

employees employes, with their post-office addresses, the

nature of the controversy or difference existing, the number

of employees employes involved and such other information as

may be required by the Department. The president or chief

executive officer of every labor organization, in case of a

strike or lockout, actual or threatened, involving the members

of the organization of which he is an officer, shall

immediately communicate the fact of such strike or lockout to

the Department, with such information as he may possess,

touching the difference or controversy, and the number of

employees employes involved.

(Source: Laws 1943, vol. 1, p. 207; revised 8-19-22.)

Section 770. The Equal Pay Act of 2003 is amended by

changing Section 90 as follows:

(820 ILCS 112/90)

Sec. 90. Severability. The provisions of this Act are

severable under Section 1.31 of the of the Statute on

Statutes.

(Source: P.A. 93-6, eff. 1-1-04; revised 2-28-22.)

Section 775. The One Day Rest In Seven Act is amended by

changing Section 2 as follows:

(820 ILCS 140/2) (from Ch. 48, par. 8b)

Sec. 2. Hours and days of rest in every consecutive

seven-day period calendar week.

(a) Every employer shall allow every employee except those

specified in this Section at least twenty-four consecutive

hours of rest in every consecutive seven-day period in

addition to the regular period of rest allowed at the close of

each working day.

A person employed as a domestic worker, as defined in

Section 10 of the Domestic Workers' Bill of Rights Act, shall

be allowed at least 24 consecutive hours of rest in every

consecutive seven-day period. This subsection (a) does not

prohibit a domestic worker from voluntarily agreeing to work

on such day of rest required by this subsection (a) if the

worker is compensated at the overtime rate for all hours

worked on such day of rest. The day of rest authorized under

this subsection (a) should, whenever possible, coincide with

the traditional day reserved by the domestic worker for

religious worship.

(b) Subsection (a) does not apply to the following:

(1) Part-time employees whose total work hours for one

employer during a calendar week do not exceed 20; and

(2) Employees needed in case of breakdown of machinery

or equipment or other emergency requiring the immediate

services of experienced and competent labor to prevent

injury to person, damage to property, or suspension of

necessary operation; and

(3) Employees employed in agriculture or coal mining;

and

(4) Employees engaged in the occupation of canning and

processing perishable agricultural products, if such

employees are employed by an employer in such occupation

on a seasonal basis and for not more than 20 weeks during

any calendar year or 12 month period; and

(5) Employees employed as watchmen or security guards;

and

(6) Employees who are employed in a bonafide

executive, administrative, or professional capacity or in

the capacity of an outside salesman, as defined in Section

12(a)(1) of the federal Fair Labor Standards Act, as

amended, and those employed as supervisors as defined in

Section 2(11) of the National Labor Relations Act, as

amended; and

(7) Employees who are employed as crew members of any

uninspected towing vessel, as defined by Section 2101(40)

of Title 46 of the United States Code, operating in any

navigable waters in or along the boundaries of the State

of Illinois; and

(8) Employees for whom work hours, days of work, and

rest periods are established through the collective

bargaining process.

(Source: P.A. 102-828, eff. 1-1-23; 102-1012, eff. 1-1-23;

revised 12-14-22.)

Section 780. The Occupational Safety and Health Act is

amended by changing Section 100 as follows:

(820 ILCS 219/100)

Sec. 100. Hearing.

(a) If a public employer or the employer's representative

notifies the Director that the employer intends to contest a

citation and notice of penalty or if, within 15 business days

after the issuance of the citation, an employee or

representative of employees files a notice with the Director

alleging that the period of time fixed in the citation for the

abatement of the violation is unreasonable, the Director shall

afford an opportunity for a hearing before an Administrative

Law Judge designated by the Director.

(b) At the hearing, the employer or employee shall state

his or her objections to the citation and provide evidence why

the citation should not stand as issued. The Director or his or

her representative shall be given the opportunity to state his

or her reasons for issuing the citation. Affected employees

shall be provided an opportunity to participate as parties to

hearings under the rules of procedure prescribed by the

Director (56 Ill. Adm. Admin. Code, Part 120).

(c) The Director, or the Administrative Law Judge on

behalf of the Director, has the power to do the following:

(1) Issue subpoenas for and compel the attendance of

witnesses.

(2) Hear testimony and receive evidence.

(3) Order testimony of a witness residing within or

without this State to be taken by deposition in the manner

prescribed by law for depositions in civil cases in the

circuit court in any proceeding pending before him or her

at any stage of such proceeding.

(d) Subpoenas and commissions to take testimony shall be

issued by the Director. Service of subpoenas may be made by a

sheriff or any other person.

(e) The circuit court for the county where any hearing is

pending may compel the attendance of witnesses, the production

of pertinent books, papers, records, or documents, and the

giving of testimony before the Director or an Administrative

Law Judge by an attachment proceeding, as for contempt, in the

same manner as the production of evidence may be compelled

before the court.

(f) The Administrative Law Judge on behalf of the

Director, after considering the evidence presented at the

formal hearing, in accordance with the Director's rules, shall

enter a final decision and order within a reasonable time

affirming, modifying, or vacating the citation or proposed

assessment of a civil penalty, or directing other appropriate

relief.

(Source: P.A. 102-705, eff. 1-1-23; revised 12-13-22.)

Section 785. The Employee Washroom Act is amended by

changing the title of the Act as follows:

(820 ILCS 230/Act title)

An Act to provide for washrooms with toilet facilities in

certain employments to protect the health of employees

employes and secure public comfort.

Section 995. No acceleration or delay. Where this Act

makes changes in a statute that is represented in this Act by

text that is not yet or no longer in effect (for example, a

Section represented by multiple versions), the use of that

text does not accelerate or delay the taking effect of (i) the

changes made by this Act or (ii) provisions derived from any

other Public Act.

Section 996. No revival or extension. This Act does not

revive or extend any Section or Act otherwise repealed.

Section 999. Effective date. This Act takes effect upon

becoming law.

INDEX Statutes amended in order of appearance