Bill Text: IL SB2347 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the State Officials and Employees Ethics Act, the Election Code, the Children and Family Services Act, the Illinois Health Facilities Planning Act, the Township Code, the Illinois Municipal Code, the Public Library District Act of 1991, the School Code, the Home Medical Equipment and Services Provider License Act, the Illinois Horse Racing Act of 1975, the Illinois Gambling Act, the Liquor Control Act of 1934, and the Criminal Code of 2012. Makes changes in these Acts to provisions concerning whether a conviction for certain criminal offenses disqualifies an individual from serving in one of the specified public offices or on one of the specified boards and commissions. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-02-23 - Added as Co-Sponsor Sen. Celina Villanueva [SB2347 Detail]

Download: Illinois-2023-SB2347-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2347 Introduced 2/10/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
5 ILCS 430/20-5
10 ILCS 5/29-15 from Ch. 46, par. 29-15
20 ILCS 505/5d
20 ILCS 3960/4 from Ch. 111 1/2, par. 1154
60 ILCS 1/55-6
65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5
65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9
65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1
75 ILCS 16/30-20
105 ILCS 5/10-3 from Ch. 122, par. 10-3
105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1
225 ILCS 51/25
230 ILCS 5/6 from Ch. 8, par. 37-6
230 ILCS 10/5 from Ch. 120, par. 2405
235 ILCS 5/3-6 from Ch. 43, par. 102
720 ILCS 5/11-9.3
720 ILCS 5/33-7
Amends the State Officials and Employees Ethics Act, the Election Code, the Children and Family Services Act, the Illinois Health Facilities Planning Act, the Township Code, the Illinois Municipal Code, the Public Library District Act of 1991, the School Code, the Home Medical Equipment and Services Provider License Act, the Illinois Horse Racing Act of 1975, the Illinois Gambling Act, the Liquor Control Act of 1934, and the Criminal Code of 2012. Makes changes in these Acts to provisions concerning whether a conviction for certain criminal offenses disqualifies an individual from serving in one of the specified public offices or on one of the specified boards and commissions. Makes conforming changes.
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A BILL FOR
SB2347 LRB103 29484 DTM 55879 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by changing Section 20-5 as follows:
(5 ILCS 430/20-5)
Sec. 20-5. Executive Ethics Commission.
(a) The Executive Ethics Commission is created.
(b) The Executive Ethics Commission shall consist of 9
commissioners. The Governor shall appoint 5 commissioners, and
the Attorney General, Secretary of State, Comptroller, and
Treasurer shall each appoint one commissioner. Appointments
shall be made by and with the advice and consent of the Senate
by three-fifths of the elected members concurring by record
vote. Any nomination not acted upon by the Senate within 60
session days of the receipt thereof shall be deemed to have
received the advice and consent of the Senate. If, during a
recess of the Senate, there is a vacancy in an office of
commissioner, the appointing authority shall make a temporary
appointment until the next meeting of the Senate when the
appointing authority shall make a nomination to fill that
office. No person rejected for an office of commissioner
shall, except by the Senate's request, be nominated again for

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that office at the same session of the Senate or be appointed
to that office during a recess of that Senate. No more than 5
commissioners may be of the same political party.
The terms of the initial commissioners shall commence upon
qualification. Four initial appointees of the Governor, as
designated by the Governor, shall serve terms running through
June 30, 2007. One initial appointee of the Governor, as
designated by the Governor, and the initial appointees of the
Attorney General, Secretary of State, Comptroller, and
Treasurer shall serve terms running through June 30, 2008. The
initial appointments shall be made within 60 days after the
effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and shall appoint commissioners from the general public. A
person is not eligible to serve as a commissioner if that

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person (i) has been convicted of a felony or a crime of
dishonesty or moral turpitude, (ii) is, or was within the
preceding 12 months, engaged in activities that require
registration under the Lobbyist Registration Act, (ii) (iii)
is related to the appointing authority, or (iii) (iv) is a
State officer or employee. Appointing authorities shall
require potential nominees to disclose any convictions under
Article 33 of the Criminal Code of 2012 in the preceding 5
years, and any such disclosure shall be shared with members of
the Senate upon nomination.
(d) The Executive Ethics Commission shall have
jurisdiction over all officers and employees of State agencies
other than the General Assembly, the Senate, the House of
Representatives, the President and Minority Leader of the
Senate, the Speaker and Minority Leader of the House of
Representatives, the Senate Operations Commission, the
legislative support services agencies, and the Office of the
Auditor General. The Executive Ethics Commission shall have
jurisdiction over all board members and employees of Regional
Transit Boards. The jurisdiction of the Commission is limited
to matters arising under this Act, except as provided in
subsection (d-5).
A member or legislative branch State employee serving on
an executive branch board or commission remains subject to the
jurisdiction of the Legislative Ethics Commission and is not
subject to the jurisdiction of the Executive Ethics

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Commission.
(d-5) The Executive Ethics Commission shall have
jurisdiction over all chief procurement officers and
procurement compliance monitors and their respective staffs.
The Executive Ethics Commission shall have jurisdiction over
any matters arising under the Illinois Procurement Code if the
Commission is given explicit authority in that Code.
(d-6) (1) The Executive Ethics Commission shall have
jurisdiction over the Illinois Power Agency and its staff. The
Director of the Agency shall be appointed by a majority of the
commissioners of the Executive Ethics Commission, subject to
Senate confirmation, for a term of 2 years. The Director is
removable for cause by a majority of the Commission upon a
finding of neglect, malfeasance, absence, or incompetence.
(2) In case of a vacancy in the office of Director of the
Illinois Power Agency during a recess of the Senate, the
Executive Ethics Commission may make a temporary appointment
until the next meeting of the Senate, at which time the
Executive Ethics Commission shall nominate some person to fill
the office, and any person so nominated who is confirmed by the
Senate shall hold office during the remainder of the term and
until his or her successor is appointed and qualified. Nothing
in this subsection shall prohibit the Executive Ethics
Commission from removing a temporary appointee or from
appointing a temporary appointee as the Director of the
Illinois Power Agency.

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(3) Prior to June 1, 2012, the Executive Ethics Commission
may, until the Director of the Illinois Power Agency is
appointed and qualified or a temporary appointment is made
pursuant to paragraph (2) of this subsection, designate some
person as an acting Director to execute the powers and
discharge the duties vested by law in that Director. An acting
Director shall serve no later than 60 calendar days, or upon
the making of an appointment pursuant to paragraph (1) or (2)
of this subsection, whichever is earlier. Nothing in this
subsection shall prohibit the Executive Ethics Commission from
removing an acting Director or from appointing an acting
Director as the Director of the Illinois Power Agency.
(4) No person rejected by the Senate for the office of
Director of the Illinois Power Agency shall, except at the
Senate's request, be nominated again for that office at the
same session or be appointed to that office during a recess of
that Senate.
(d-7) The Executive Ethics Commission shall have
jurisdiction over complainants and respondents in violation of
subsection (d) of Section 20-90.
(e) The Executive Ethics Commission must meet, either in
person or by other technological means, at least monthly and
as often as necessary. At the first meeting of the Executive
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem
appropriate. The terms of officers shall be for 2 years

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commencing July 1 and running through June 30 of the second
following year. Meetings shall be held at the call of the
chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5
commissioners, and a quorum shall consist of 5 commissioners.
Commissioners shall receive compensation in an amount equal to
the compensation of members of the State Board of Elections
and may be reimbursed for their reasonable expenses actually
incurred in the performance of their duties.
(f) No commissioner or employee of the Executive Ethics
Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(g) An appointing authority may remove a commissioner only
for cause.
(h) The Executive Ethics Commission shall appoint an
Executive Director. The compensation of the Executive Director

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shall be as determined by the Commission. The Executive
Director of the Executive Ethics Commission may employ and
determine the compensation of staff, as appropriations permit.
(i) The Executive Ethics Commission shall appoint, by a
majority of the members appointed to the Commission, chief
procurement officers and may appoint procurement compliance
monitors in accordance with the provisions of the Illinois
Procurement Code. The compensation of a chief procurement
officer and procurement compliance monitor shall be determined
by the Commission.
(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19;
101-617, eff. 12-20-19.)
Section 10. The Election Code is amended by changing
Section 29-15 as follows:
(10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
Sec. 29-15. Official Misconduct and Election Code
Convictions Conviction deemed infamous. Any person convicted
of an offense under this Code or Article 33 of the Criminal
Code of 2012 an infamous crime as such term is defined in
Section 124-1 of the Code of Criminal Procedure of 1963, as
amended, shall thereafter be prohibited from holding any
office of honor, trust, or profit, for a period of 5 years
after the date of such conviction unless such person is again
restored to such rights by the terms of a pardon for the

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offense, has received a restoration of rights by the Governor,
or otherwise according to law. Any time after a judgment of
conviction is rendered, a person convicted of an infamous
crime may petition the Governor for a restoration of rights.
The changes made to this Section by this amendatory Act of
the 102nd General Assembly are declarative of existing law.
(Source: P.A. 102-15, eff. 6-17-21.)
Section 15. The Children and Family Services Act is
amended by changing Section 5d as follows:
(20 ILCS 505/5d)
Sec. 5d. The Direct Child Welfare Service Employee License
Board.
(a) For purposes of this Section:
(1) "Board" means the Direct Child Welfare Service
Employee License Board.
(2) "Director" means the Director of Children and
Family Services.
(b) The Direct Child Welfare Service Employee License
Board is created within the Department of Children and Family
Services and shall consist of 9 members appointed by the
Director. The Director shall annually designate a chairperson
and vice-chairperson of the Board. The membership of the Board
must be composed as follows: (i) 5 licensed professionals from
the field of human services with a human services, juris

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doctor, medical, public administration, or other relevant
human services degree and who are in good standing within
their profession, at least 2 of which must be employed in the
private not-for-profit sector and at least one of which in the
public sector; (ii) 2 faculty members of an accredited
university who have child welfare experience and are in good
standing within their profession and (iii) 2 members of the
general public who are not licensed under this Act or a similar
rule and will represent consumer interests.
In making the first appointments, the Director shall
appoint 3 members to serve for a term of one year, 3 members to
serve for a term of 2 years, and 3 members to serve for a term
of 3 years, or until their successors are appointed and
qualified. Their successors shall be appointed to serve 3-year
terms, or until their successors are appointed and qualified.
Appointments to fill unexpired vacancies shall be made in the
same manner as original appointments. No member may be
reappointed if a reappointment would cause that member to
serve on the Board for longer than 6 consecutive years. Board
membership must have reasonable representation from different
geographic areas of Illinois, and all members must be
residents of this State.
The Director may terminate the appointment of any member
for good cause, including but not limited to (i) unjustified
absences from Board meetings or other failure to meet Board
responsibilities, (ii) failure to recuse himself or herself

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when required by subsection (c) of this Section or Department
rule, or (iii) failure to maintain the professional position
required by Department rule. No member of the Board may have a
pending or indicated report of child abuse or neglect. The
Director shall require any potential member to disclose or a
pending complaint or criminal conviction of any of the
offenses set forth in paragraph (b) of Section 4.2 of the Child
Care Act of 1969 within the preceding 5 years.
The members of the Board shall receive no compensation for
the performance of their duties as members, but each member
shall be reimbursed for his or her reasonable and necessary
expenses incurred in attending the meetings of the Board.
(c) The Board shall make recommendations to the Director
regarding licensure rules. Board members must recuse
themselves from sitting on any matter involving an employee of
a child welfare agency at which the Board member is an employee
or contractual employee. The Board shall make a final
determination concerning revocation, suspension, or
reinstatement of an employee's direct child welfare service
license after a hearing conducted under the Department's
rules. Upon notification of the manner of the vote to all the
members, votes on a final determination may be cast in person,
by telephonic or electronic means, or by mail at the
discretion of the chairperson. A simple majority of the
members appointed and serving is required when Board members
vote by mail or by telephonic or electronic means. A majority

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of the currently appointed and serving Board members
constitutes a quorum. A majority of a quorum is required when a
recommendation is voted on during a Board meeting. A vacancy
in the membership of the Board shall not impair the right of a
quorum to perform all the duties of the Board. Board members
are not personally liable in any action based upon a
disciplinary proceeding or otherwise for any action taken in
good faith as a member of the Board.
(d) The Director may assign Department employees to
provide staffing services to the Board. The Department must
promulgate any rules necessary to implement and administer the
requirements of this Section.
(Source: P.A. 102-45, eff. 1-1-22.)
Section 20. The Illinois Health Facilities Planning Act is
amended by changing Section 4 as follows:
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
(Section scheduled to be repealed on December 31, 2029)
Sec. 4. Health Facilities and Services Review Board;
membership; appointment; term; compensation; quorum.
(a) There is created the Health Facilities and Services
Review Board, which shall perform the functions described in
this Act. The Department shall provide operational support to
the Board as necessary, including the provision of office
space, supplies, and clerical, financial, and accounting

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services. The Board may contract for functions or operational
support as needed. The Board may also contract with experts
related to specific health services or facilities and create
technical advisory panels to assist in the development of
criteria, standards, and procedures used in the evaluation of
applications for permit and exemption.
(b) The State Board shall consist of 11 voting members.
All members shall be residents of Illinois and at least 4 shall
reside outside the Chicago Metropolitan Statistical Area.
Consideration shall be given to potential appointees who
reflect the ethnic and cultural diversity of the State.
Neither Board members nor Board staff shall be convicted
felons or have pled guilty to a felony.
Each member shall have a reasonable knowledge of the
practice, procedures and principles of the health care
delivery system in Illinois, including at least 5 members who
shall be knowledgeable about health care delivery systems,
health systems planning, finance, or the management of health
care facilities currently regulated under the Act. One member
shall be a representative of a non-profit health care consumer
advocacy organization. One member shall be a representative
from the community with experience on the effects of
discontinuing health care services or the closure of health
care facilities on the surrounding community; provided,
however, that all other members of the Board shall be
appointed before this member shall be appointed. A spouse,

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parent, sibling, or child of a Board member cannot be an
employee, agent, or under contract with services or facilities
subject to the Act. Prior to appointment and in the course of
service on the Board, members of the Board shall disclose the
employment or other financial interest of any other relative
of the member, if known, in service or facilities subject to
the Act. Members of the Board shall declare any conflict of
interest that may exist with respect to the status of those
relatives and recuse themselves from voting on any issue for
which a conflict of interest is declared. No person shall be
appointed or continue to serve as a member of the State Board
who is, or whose spouse, parent, sibling, or child is, a member
of the Board of Directors of, has a financial interest in, or
has a business relationship with a health care facility.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the State Board
serving on the day before the effective date of this
amendatory Act of the 96th General Assembly is abolished on
the date upon which members of the Board, as established by
this amendatory Act of the 96th General Assembly, have been
appointed and can begin to take action as a Board.
(c) The State Board shall be appointed by the Governor,
with the advice and consent of the Senate. Not more than 6 of
the appointments shall be of the same political party at the
time of the appointment.
The Secretary of Human Services, the Director of

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Healthcare and Family Services, and the Director of Public
Health, or their designated representatives, shall serve as
ex-officio, non-voting members of the State Board.
(d) Of those members initially appointed by the Governor
following the effective date of this amendatory Act of the
96th General Assembly, 3 shall serve for terms expiring July
1, 2011, 3 shall serve for terms expiring July 1, 2012, and 3
shall serve for terms expiring July 1, 2013. Thereafter, each
appointed member shall hold office for a term of 3 years,
provided that any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder
of such term and the term of office of each successor shall
commence on July 1 of the year in which his predecessor's term
expires. Each member shall hold office until his or her
successor is appointed and qualified. The Governor may
reappoint a member for additional terms, but no member shall
serve more than 3 terms, subject to review and re-approval
every 3 years.
(e) State Board members, while serving on business of the
State Board, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places
of residence. Until March 1, 2010, a member of the State Board
who experiences a significant financial hardship due to the
loss of income on days of attendance at meetings or while
otherwise engaged in the business of the State Board may be

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paid a hardship allowance, as determined by and subject to the
approval of the Governor's Travel Control Board.
(f) The Governor shall designate one of the members to
serve as the Chairman of the Board, who shall be a person with
expertise in health care delivery system planning, finance or
management of health care facilities that are regulated under
the Act. The Chairman shall annually review Board member
performance and shall report the attendance record of each
Board member to the General Assembly.
(g) The State Board, through the Chairman, shall prepare a
separate and distinct budget approved by the General Assembly
and shall hire and supervise its own professional staff
responsible for carrying out the responsibilities of the
Board.
(h) The State Board shall meet at least every 45 days, or
as often as the Chairman of the State Board deems necessary, or
upon the request of a majority of the members.
(i) Six members of the State Board shall constitute a
quorum. The affirmative vote of 6 of the members of the State
Board shall be necessary for any action requiring a vote to be
taken by the State Board. A vacancy in the membership of the
State Board shall not impair the right of a quorum to exercise
all the rights and perform all the duties of the State Board as
provided by this Act.
(j) A State Board member shall disqualify himself or
herself from the consideration of any application for a permit

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or exemption in which the State Board member or the State Board
member's spouse, parent, sibling, or child: (i) has an
economic interest in the matter; or (ii) is employed by,
serves as a consultant for, or is a member of the governing
board of the applicant or a party opposing the application.
(k) The Chairman, Board members, and Board staff must
comply with the Illinois Governmental Ethics Act.
(Source: P.A. 102-4, eff. 4-27-21.)
Section 25. The Township Code is amended by changing
Section 55-6 as follows:
(60 ILCS 1/55-6)
Sec. 55-6. Criminal conviction. A person is not eligible
to hold any office if that person, at the time required for
taking the oath of office, has been convicted of an offense
under Article 33 of the Criminal Code of 2012 within the
preceding 5 years in any court located in the United States of
any infamous crime, bribery, perjury, or other felony.
(Source: P.A. 99-546, eff. 7-15-16.)
Section 30. The Illinois Municipal Code is amended by
changing Sections 3.1-10-5, 6-3-9, and 10-1-1 as follows:
(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
Sec. 3.1-10-5. Qualifications; elective office.

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(a) A person is not eligible for an elective municipal
office unless that person is a qualified elector of the
municipality and has resided in the municipality at least one
year next preceding the election or appointment, except as
provided in Section 3.1-20-25, subsection (b) of Section
3.1-25-75, Section 5-2-2, or Section 5-2-11.
(b) A person is not eligible to take the oath of office for
a municipal office if that person is, at the time required for
taking the oath of office, in arrears in the payment of a tax
or other indebtedness due to the municipality or has been
convicted of an offense under Article 33 of the Criminal Code
of 2012 in the preceding 5 years in any court located in the
United States of any infamous crime, bribery, perjury, or
other felony, unless such person is again restored to his or
her rights of citizenship that may have been forfeited under
Illinois law as a result of a conviction, which includes
eligibility to hold elected municipal office, by the terms of
a pardon for the offense, has received a restoration of rights
by the Governor, or otherwise according to law. Any time after
a judgment of conviction is rendered, a person convicted of an
infamous crime, bribery, perjury, or other felony may petition
the Governor for a restoration of rights.
The changes made to this subsection by this amendatory Act
of the 102nd General Assembly are declarative of existing law
and apply to all persons elected at the April 4, 2017
consolidated election and to persons elected or appointed

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thereafter.
(b-5) (Blank).
(c) A person is not eligible for the office of alderperson
of a ward unless that person has resided in the ward that the
person seeks to represent, and a person is not eligible for the
office of trustee of a district unless that person has resided
in the municipality, at least one year next preceding the
election or appointment, except as provided in Section
3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
or Section 5-2-11.
(d) If a person (i) is a resident of a municipality
immediately prior to the active duty military service of that
person or that person's spouse, (ii) resides anywhere outside
of the municipality during that active duty military service,
and (iii) immediately upon completion of that active duty
military service is again a resident of the municipality, then
the time during which the person resides outside the
municipality during the active duty military service is deemed
to be time during which the person is a resident of the
municipality for purposes of determining the residency
requirement under subsection (a).
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/6-3-9) (from Ch. 24, par. 6-3-9)
Sec. 6-3-9. Qualifications of mayor, city clerk, city
treasurer and alderpersons - eligibility for other office. No

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person shall be eligible to the office of mayor, city clerk,
city treasurer or alderperson:
(1) Unless he is a qualified elector of the
municipality and has resided therein at least one year
next preceding his election or appointment; or
(2) Unless, in the case of alderpersons, he resides
within the ward for which he is elected; or
(3) If he is in arrears in the payment of any tax or
other indebtedness due to the city; or
(4) If he has been convicted of an offense under
Article 33 of the Criminal Code of 2012 in the preceding 5
years in Illinois state courts or in courts of the United
States of malfeasance in office, bribery, or other
infamous crime.
No alderperson shall be eligible to any office, except
that of acting mayor or mayor pro tem, the salary of which is
payable out of the city treasury, if at the time of his
appointment he is a member of the city council.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/10-1-1) (from Ch. 24, par. 10-1-1)
Sec. 10-1-1. The mayor of each municipality which adopts
this Division 1 as hereinafter provided shall, not less than
40 nor more than 90 days after the taking effect of this
Division 1 in such municipality, appoint 3 persons, who shall
constitute and be known as the civil service commissioners of

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such municipality, one for 3 years, one for 2 years and one for
one year from the time of appointment and until their
respective successors are appointed and qualified. In every
year thereafter the mayor shall, in like manner, appoint one
person as the successor of the commissioner whose term shall
expire in that year to serve as such commissioner for 3 years
and until his successor is appointed and qualified. Two
commissioners shall constitute a quorum. All appointments to
the commission, both original and to fill vacancies, shall be
so made that not more than 2 members shall, at the time of
appointment, be members of the same political party. The
commissioners shall hold no other lucrative office or
employment under the United States, the State of Illinois, or
any municipal corporation or political division thereof. No
person shall be appointed a commissioner who has been
convicted of a felony under the laws of this State or
comparable laws of any other state or the United States. Each
commissioner, before entering upon the duties of his office,
shall take the oath prescribed by the constitution of this
state.
However, in any municipality having the commission form of
municipal government, the appointment of civil service
commissioners shall be made by the corporate authorities, and
the corporate authorities may, by ordinance, provide that 5
commissioners shall be so appointed, one for one year, 2 for 2
years and 2 for 3 years. The corporate authorities shall

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appoint, in a like manner, the successors of the commissioners
whose terms expire in that year to serve as commissioners for 3
years and until their successors are appointed and qualified.
Three members shall constitute a quorum, and no more than 3 of
the commissioners shall be of the same political party. If
such municipality has adopted this Division 1 prior to the
effective date of this amendatory Act of 1965, and
subsequently provides, by ordinance, for 5 commissioners, 2
additional commissioners shall be so appointed, one for 2
years and one for 3 years, and successors shall be appointed in
a like manner as commissions established after such effective
date.
(Source: P.A. 87-423.)
Section 35. The Public Library District Act of 1991 is
amended by changing Section 30-20 as follows:
(75 ILCS 16/30-20)
Sec. 30-20. Nomination of candidates; ballot.
(a) Nomination of candidates for election as trustees
shall be by petition, signed by a number of qualified voters
equivalent to at least 2% of the votes cast at the last
election for library trustees, or 50, whichever is less,
residing within the district, and filed with the secretary of
the district within the time provided by the Election Code. No
party name or affiliation may appear on the petition.

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(b) The names of all candidates for the office of trustee
shall be certified by the secretary to the proper election
authority, who shall conduct the election in accordance with
the Election Code.
(c) The ballot for election of trustees shall not
designate any political party, platform, or political
principle.
(d) A person is not eligible to serve as a library trustee
unless he or she is a qualified elector of the library district
and has resided in the library district at least one year at
the time he or she files nomination papers or a declaration of
intent to become a write-in candidate or is presented for
appointment.
(e) A person is not eligible to serve as a library trustee
who, at the time of his or her appointment or filing of
nomination papers or a declaration of intent to become a
write-in candidate, is in arrears in the payment of a tax or
other indebtedness due to the library district or has been
convicted of an offense under Article 33 of the Criminal Code
of 2012 in the preceding 5 years in any court in the United
States of any infamous crime, bribery, perjury, or other
felony.
(f) The changes made by this amendatory Act of the 100th
General Assembly apply only to candidates by petition or
write-in candidates in the consolidated election of 2019 and
thereafter and to all appointees appointed after the effective

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date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-746, eff. 8-10-18.)
Section 40. The School Code is amended by changing
Sections 10-3 and 34-2.1 as follows:
(105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
Sec. 10-3. Eligibility of directors. Any person who, on
the date of his or her election, is a citizen of the United
States, of the age of 18 years or over, is a resident of the
State and of the territory of the district for at least one
year immediately preceding his or her election, is a
registered voter as provided in the general election law, is
not a school trustee or a school treasurer, and has not been
convicted of a "sex offense" as set forth in paragraph (2) of
subsection (d) of is not a child sex offender as defined in
Section 11-9.3 of the Criminal Code of 2012 within the
preceding 10 years shall be eligible to the office of school
director.
(Source: P.A. 97-1150, eff. 1-25-13.)
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local school councils; composition; voter
eligibility; elections; terms.
(a) Beginning with the first local school council election
that occurs after December 3, 2021 (the effective date of

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Public Act 102-677), a local school council shall be
established for each attendance center within the school
district, including public small schools within the district.
Each local school council shall consist of the following 12
voting members: the principal of the attendance center, 2
teachers employed and assigned to perform the majority of
their employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center, one
employee of the school district employed and assigned to
perform the majority of his or her employment duties at the
attendance center who is not a teacher, and 2 community
residents. Neither the parents nor the community residents who
serve as members of the local school council shall be
employees of the Board of Education. In each secondary
attendance center, the local school council shall consist of
13 voting members through the 2020-2021 school year, the 12
voting members described above and one full-time student
member, and 15 voting members beginning with the 2021-2022
school year, the 12 voting members described above and 3
full-time student members, appointed as provided in subsection
(m) below. In each attendance center enrolling students in 7th
and 8th grade, one full-time student member shall be appointed
as provided in subsection (m) of this Section. In the event
that the chief executive officer of the Chicago School Reform
Board of Trustees determines that a local school council is
not carrying out its financial duties effectively, the chief

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executive officer is authorized to appoint a representative of
the business community with experience in finance and
management to serve as an advisor to the local school council
for the purpose of providing advice and assistance to the
local school council on fiscal matters. The advisor shall have
access to relevant financial records of the local school
council. The advisor may attend executive sessions. The chief
executive officer shall issue a written policy defining the
circumstances under which a local school council is not
carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be a
parent member and a Secretary) of each local school council
who shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all the
powers and duties of local school councils as set forth in
Public Act 86-1477. The Mayor's appointments shall not require
approval by the City Council.
The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance center
served by the local school council.
(c) Beginning with the 1995-1996 school year and in every
even-numbered year thereafter, the Board shall set second
semester Parent Report Card Pick-up Day for Local School
Council elections and may schedule elections at year-round

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schools for the same dates as the remainder of the school
system. Elections shall be conducted as provided herein by the
Board of Education in consultation with the local school
council at each attendance center.
(c-5) Notwithstanding subsection (c), for the local school
council election set for the 2019-2020 school year, the Board
may hold the election on the first semester Parent Report Card
Pick-up Day of the 2020-2021 school year, making any necessary
modifications to the election process or date to comply with
guidance from the Department of Public Health and the federal
Centers for Disease Control and Prevention. The terms of
office of all local school council members eligible to serve
and seated on or after March 23, 2020 through January 10, 2021
are extended through January 10, 2021, provided that the
members continue to meet eligibility requirements for local
school council membership.
(d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council
members at each attendance center:
(i) The elected members of each local school council
shall consist of the 6 parent members and the 2 community
resident members.
(ii) Each elected member shall be elected by the
eligible voters of that attendance center to serve for a
two-year term commencing on July 1 immediately following
the election described in subsection (c), except that the

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terms of members elected to a local school council under
subsection (c-5) shall commence on January 11, 2021 and
end on July 1, 2022. Eligible voters for each attendance
center shall consist of the parents and community
residents for that attendance center.
(iii) Each eligible voter shall be entitled to cast
one vote for up to a total of 5 candidates, irrespective of
whether such candidates are parent or community resident
candidates.
(iv) Each parent voter shall be entitled to vote in
the local school council election at each attendance
center in which he or she has a child currently enrolled.
Each community resident voter shall be entitled to vote in
the local school council election at each attendance
center for which he or she resides in the applicable
attendance area or voting district, as the case may be.
(v) Each eligible voter shall be entitled to vote
once, but not more than once, in the local school council
election at each attendance center at which the voter is
eligible to vote.
(vi) The 2 teacher members and the non-teacher
employee member of each local school council shall be
appointed as provided in subsection (l) below each to
serve for a two-year term coinciding with that of the
elected parent and community resident members. From March
23, 2020 through January 10, 2021, the chief executive

SB2347 - 28 - LRB103 29484 DTM 55879 b
officer or his or her designee may make accommodations to
fill the vacancy of a teacher or non-teacher employee
member of a local school council.
(vii) At secondary attendance centers and attendance
centers enrolling students in 7th and 8th grade, the
voting student members shall be appointed as provided in
subsection (m) below to serve for a one-year term
coinciding with the beginning of the terms of the elected
parent and community members of the local school council.
For the 2020-2021 school year, the chief executive officer
or his or her designee may make accommodations to fill the
vacancy of a student member of a local school council.
(e) The Council shall publicize the date and place of the
election by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils at
the attendance center, and shall utilize such other means as
it deems necessary to maximize the involvement of all eligible
voters.
(f) Nomination. The Council shall publicize the opening of
nominations by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils at
the attendance center, and shall utilize such other means as
it deems necessary to maximize the involvement of all eligible
voters. Not less than 2 weeks before the election date,

SB2347 - 29 - LRB103 29484 DTM 55879 b
persons eligible to run for the Council shall submit their
name, date of birth, social security number, if available, and
some evidence of eligibility to the Council. The Council shall
encourage nomination of candidates reflecting the
racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall
disclose, in a manner determined by the Board, any economic
interest held by such person, by such person's spouse or
children, or by each business entity in which such person has
an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district. Each person nominated who runs as a candidate shall
also disclose, in a manner determined by the Board, if he or
she ever has been convicted of any of the offenses specified in
subsection (c) of Section 34-18.5 within the preceding 5
years; provided that neither this provision nor any other
provision of this Section shall be deemed to require the
disclosure of any information that is contained in any law
enforcement record or juvenile court record that is
confidential or whose accessibility or disclosure is
restricted or prohibited under Section 5-901 or 5-905 of the
Juvenile Court Act of 1987. Failure to make such disclosure
shall render a person ineligible for election or to serve on
the local school council. The same disclosure shall be
required of persons under consideration for appointment to the
Council pursuant to subsections (l) and (m) of this Section.

SB2347 - 30 - LRB103 29484 DTM 55879 b
(f-5) Notwithstanding disclosure, a person who has been
convicted of those offenses defined as a "sex offense" under
paragraph 2 of subsection (d) of Section 11-9.3 of the
Criminal Code of 2012 any of the following offenses at any time
shall be ineligible for election or appointment to a local
school council and ineligible for appointment to a local
school council pursuant to subsections (l) and (m) of this
Section: (i) those defined in Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16,
11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
12-13, 12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2)
of Section 11-14.3, of the Criminal Code of 1961 or the
Criminal Code of 2012, or (ii) any offense committed or
attempted in any other state or against the laws of the United
States, which, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses.
Notwithstanding disclosure, a person who has been convicted of
any of the following offenses within the 10 years previous to
the date of nomination or appointment shall be ineligible for
election or appointment to a local school council: (i) those
defined in Section 401.1, 405.1, or 405.2 of the Illinois
Controlled Substances Act or (ii) any offense committed or
attempted in any other state or against the laws of the United
States, which, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses.
Immediately upon election or appointment, incoming local

SB2347 - 31 - LRB103 29484 DTM 55879 b
school council members shall be required to undergo a criminal
background investigation, to be completed prior to the member
taking office, in order to identify any criminal convictions
under the offenses enumerated in Section 34-18.5. The
investigation shall be conducted by the Illinois State Police
in the same manner as provided for in Section 34-18.5.
However, notwithstanding Section 34-18.5, the social security
number shall be provided only if available. If it is
determined at any time that a local school council member or
member-elect has been convicted of any of the offenses
enumerated in this Section in the preceding 10 years or failed
to disclose a conviction in the preceding 5 years of any of the
offenses enumerated in Section 34-18.5, the general
superintendent shall notify the local school council member or
member-elect of such determination and the local school
council member or member-elect shall be removed from the local
school council by the Board, subject to a hearing, convened
pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the
Council shall publicize, in the manner provided in subsection
(e), the names of persons nominated for election.
(h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00 p.m.
(i) Candidates receiving the highest number of votes shall
be declared elected by the Council. In cases of a tie, the
Council shall determine the winner by lottery.

SB2347 - 32 - LRB103 29484 DTM 55879 b
(j) The Council shall certify the results of the election
and shall publish the results in the minutes of the Council.
(k) The general superintendent shall resolve any disputes
concerning election procedure or results and shall ensure
that, except as provided in subsections (e) and (g), no
resources of any attendance center shall be used to endorse or
promote any candidate.
(l) Beginning with the first local school council election
that occurs after December 3, 2021 (the effective date of
Public Act 102-677), in every even numbered year, the Board
shall appoint 2 teacher members to each local school council.
These appointments shall be made in the following manner:
(i) The Board shall appoint 2 teachers who are
employed and assigned to perform the majority of their
employment duties at the attendance center to serve on the
local school council of the attendance center for a
two-year term coinciding with the terms of the elected
parent and community members of that local school council.
These appointments shall be made from among those teachers
who are nominated in accordance with subsection (f).
(ii) A non-binding, advisory poll to ascertain the
preferences of the school staff regarding appointments of
teachers to the local school council for that attendance
center shall be conducted in accordance with the
procedures used to elect parent and community Council
representatives. At such poll, each member of the school

SB2347 - 33 - LRB103 29484 DTM 55879 b
staff shall be entitled to indicate his or her preference
for up to 2 candidates from among those who submitted
statements of candidacy as described above. These
preferences shall be advisory only and the Board shall
maintain absolute discretion to appoint teacher members to
local school councils, irrespective of the preferences
expressed in any such poll. Prior to the appointment of
staff members to local school councils, the Board shall
make public the vetting process of staff member
candidates. Any staff member seeking candidacy shall be
allowed to make an inquiry to the Board to determine if the
Board may deny the appointment of the staff member. An
inquiry made to the Board shall be made in writing in
accordance with Board procedure.
(iii) In the event that a teacher representative is
unable to perform his or her employment duties at the
school due to illness, disability, leave of absence,
disciplinary action, or any other reason, the Board shall
declare a temporary vacancy and appoint a replacement
teacher representative to serve on the local school
council until such time as the teacher member originally
appointed pursuant to this subsection (l) resumes service
at the attendance center or for the remainder of the term.
The replacement teacher representative shall be appointed
in the same manner and by the same procedures as teacher
representatives are appointed in subdivisions (i) and (ii)

SB2347 - 34 - LRB103 29484 DTM 55879 b
of this subsection (l).
(m) Beginning with the 1995-1996 school year through the
2020-2021 school year, the Board shall appoint one student
member to each secondary attendance center. Beginning with the
2021-2022 school year and for every school year thereafter,
the Board shall appoint 3 student members to the local school
council of each secondary attendance center and one student
member to the local school council of each attendance center
enrolling students in 7th and 8th grade. Students enrolled in
grade 6 or above are eligible to be candidates for a local
school council. No attendance center enrolling students in 7th
and 8th grade may have more than one student member, unless the
attendance center enrolls students in grades 7 through 12, in
which case the attendance center may have a total of 3 student
members on the local school council. The Board may establish
criteria for students to be considered eligible to serve as a
student member. These appointments shall be made in the
following manner:
(i) Appointments shall be made from among those
students who submit statements of candidacy to the
principal of the attendance center, such statements to be
submitted commencing on the first day of the twentieth
week of school and continuing for 2 weeks thereafter. The
form and manner of such candidacy statements shall be
determined by the Board.
(ii) During the twenty-second week of school in every

SB2347 - 35 - LRB103 29484 DTM 55879 b
year, the principal of each attendance center shall
conduct a binding election to ascertain the preferences of
the school students regarding the appointment of students
to the local school council for that attendance center. At
such election, each student shall be entitled to indicate
his or her preference for up to one candidate from among
those who submitted statements of candidacy as described
above. The Board shall promulgate rules to ensure that
these elections are conducted in a fair and equitable
manner and maximize the involvement of all school
students. In the case of a tie vote, the local school
council shall determine the winner by lottery. The
preferences expressed in these elections shall be
transmitted by the principal to the Board. These
preferences shall be binding on the Board.
(iii) (Blank).
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed necessary
to ensure fair elections.
(o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council to fill the unexpired term created by the vacancy,
except that any teacher or non-teacher staff vacancy shall be
filled by the Board after considering the preferences of the
school staff as ascertained through a non-binding advisory
poll of school staff. In the case of a student vacancy, the

SB2347 - 36 - LRB103 29484 DTM 55879 b
vacancy shall be filled by the preferences of an election poll
of students.
(p) If less than the specified number of persons is
elected within each candidate category, the newly elected
local school council shall appoint eligible persons to serve
as members of the Council for 2-year terms, as provided in
subsection (c-5) of Section 34-2.2 of this Code.
(q) The Board shall promulgate rules regarding conflicts
of interest and disclosure of economic interests which shall
apply to local school council members and which shall require
reports or statements to be filed by Council members at
regular intervals with the Secretary of the Board. Failure to
comply with such rules or intentionally falsifying such
reports shall be grounds for disqualification from local
school council membership. A vacancy on the Council for
disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure of
economic interests promulgated by the Board shall apply to
local school council members. No less than 45 days prior to the
deadline, the general superintendent shall provide notice, by
mail, to each local school council member of all requirements
and forms for compliance with economic interest statements.
(r) (1) If a parent member of a local school council ceases
to have any child enrolled in the attendance center governed
by the Local School Council due to the graduation or voluntary
transfer of a child or children from the attendance center,

SB2347 - 37 - LRB103 29484 DTM 55879 b
the parent's membership on the Local School Council and all
voting rights are terminated immediately as of the date of the
child's graduation or voluntary transfer. If the child of a
parent member of a local school council dies during the
member's term in office, the member may continue to serve on
the local school council for the balance of his or her term.
Further, a local school council member may be removed from the
Council by a majority vote of the Council as provided in
subsection (c) of Section 34-2.2 if the Council member has
missed 3 consecutive regular meetings, not including committee
meetings, or 5 regular meetings in a 12-month period, not
including committee meetings. If a parent member of a local
school council ceases to be eligible to serve on the Council
for any other reason, he or she shall be removed by the Board
subject to a hearing, convened pursuant to Board rule, prior
to removal. A vote to remove a Council member by the local
school council shall only be valid if the Council member has
been notified personally or by certified mail, mailed to the
person's last known address, of the Council's intent to vote
on the Council member's removal at least 7 days prior to the
vote. The Council member in question shall have the right to
explain his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The
provisions of this subsection shall be contained within the
petitions used to nominate Council candidates.
(2) A person may continue to serve as a community resident

SB2347 - 38 - LRB103 29484 DTM 55879 b
member of a local school council as long as he or she resides
in the attendance area served by the school and is not employed
by the Board nor is a parent of a student enrolled at the
school. If a community resident member ceases to be eligible
to serve on the Council, he or she shall be removed by the
Board subject to a hearing, convened pursuant to Board rule,
prior to removal.
(3) A person may continue to serve as a staff member of a
local school council as long as he or she is employed and
assigned to perform a majority of his or her duties at the
school, provided that if the staff representative resigns from
employment with the Board or voluntarily transfers to another
school, the staff member's membership on the local school
council and all voting rights are terminated immediately as of
the date of the staff member's resignation or upon the date of
the staff member's voluntary transfer to another school. If a
staff member of a local school council ceases to be eligible to
serve on a local school council for any other reason, that
member shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal.
(s) As used in this Section only, "community resident"
means a person, 17 years of age or older, residing within an
attendance area served by a school, excluding any person who
is a parent of a student enrolled in that school; provided that
with respect to any multi-area school, community resident
means any person, 17 years of age or older, residing within the

SB2347 - 39 - LRB103 29484 DTM 55879 b
voting district established for that school pursuant to
Section 34-2.1c, excluding any person who is a parent of a
student enrolled in that school. This definition does not
apply to any provisions concerning school boards.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
102-538, eff. 8-20-21; 102-677, eff. 12-3-21; 102-813, eff.
5-13-22.)
Section 45. The Home Medical Equipment and Services
Provider License Act is amended by changing Section 25 as
follows:
(225 ILCS 51/25)
(Section scheduled to be repealed on January 1, 2028)
Sec. 25. Home Medical Equipment and Services Board. The
Secretary shall appoint a Home Medical Equipment and Services
Board, in consultation with a state association representing
the home medical equipment and services industry, to serve in
an advisory capacity to the Secretary. The Board shall consist
of 7 members. Four members shall be home medical equipment and
services provider representatives, at least one of whom shall
be a pharmacy-based provider. The 3 remaining members shall
include one home care clinical specialist, one respiratory
care practitioner, and one public member. The public member
shall not be engaged in any way, directly or indirectly, as a
provider of health care.

SB2347 - 40 - LRB103 29484 DTM 55879 b
Members shall serve 4-year terms and until their
successors are appointed and qualified. No member shall be
reappointed to the Board for a term that would cause
continuous service on the Board to exceed 8 years.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term.
The home medical equipment and services provider
representatives appointed to the Board shall have engaged in
the provision of home medical equipment and services or
related home care services for at least 3 years prior to their
appointment, shall be currently engaged in providing home
medical equipment and services in the State of Illinois.
Prospective appointees shall disclose to the Secretary any ,
and must have no record of convictions directly related to
home medical equipment and services or related home care
services within the preceding 5 years fraud or abuse under
either State or federal law.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
The Board shall annually elect one of its members as
chairperson and vice chairperson.
Each Board member shall be paid his or her necessary
expenses while engaged in the performance of his or her
duties.
The Secretary may terminate the appointment of any member

SB2347 - 41 - LRB103 29484 DTM 55879 b
for cause which in the opinion of the Secretary reasonably
justifies the termination. The Secretary shall be the sole
arbiter of whether the cause reasonably justifies termination.
Members of the Board shall be immune from suit in an action
based upon any disciplinary proceedings or other activities
performed in good faith as members of the Board.
A majority of Board members currently appointed shall
constitute a quorum. A vacancy in the membership of the Board
shall not impair the rights of a quorum to exercise the rights
and perform all of the duties of the Board.
(Source: P.A. 100-525, eff. 9-22-17.)
Section 50. The Illinois Horse Racing Act of 1975 is
amended by changing Section 6 as follows:
(230 ILCS 5/6) (from Ch. 8, par. 37-6)
Sec. 6. Restrictions on Board members.
(a) No person shall be appointed a member of the Board or
continue to be a member of the Board if the person or any
member of their immediate family is a member of the Board of
Directors, employee, or financially interested in any of the
following: (i) any licensee or other person who has applied
for racing dates to the Board, or the operations thereof
including, but not limited to, concessions, data processing,
track maintenance, track security, and pari-mutuel operations,
located, scheduled or doing business within the State of

SB2347 - 42 - LRB103 29484 DTM 55879 b
Illinois, (ii) any race horse competing at a meeting under the
Board's jurisdiction, or (iii) any licensee under the Illinois
Gambling Act.
(b) No person shall be a member of the Board who is not of
good moral character or who has been convicted of, or is under
indictment for, a felony under the laws of Illinois or any
other state, or the United States.
(c) No member of the Board or employee shall engage in any
political activity.
For the purposes of this subsection (c):
"Political" means any activity in support of or in
connection with any campaign for State or local elective
office or any political organization, but does not include
activities (i) relating to the support or opposition of any
executive, legislative, or administrative action (as those
terms are defined in Section 2 of the Lobbyist Registration
Act), (ii) relating to collective bargaining, or (iii) that
are otherwise in furtherance of the person's official State
duties or governmental and public service functions.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) that is required to file a statement of
organization with the State Board of Elections or county clerk
under Section 9-3 of the Election Code, but only with regard to
those activities that require filing with the State Board of
Elections or county clerk.

SB2347 - 43 - LRB103 29484 DTM 55879 b
(d) Board members and employees may not engage in
communications or any activity that may cause or have the
appearance of causing a conflict of interest. A conflict of
interest exists if a situation influences or creates the
appearance that it may influence judgment or performance of
regulatory duties and responsibilities. This prohibition shall
extend to any act identified by Board action that, in the
judgment of the Board, could represent the potential for or
the appearance of a conflict of interest.
(e) Board members and employees may not accept any gift,
gratuity, service, compensation, travel, lodging, or thing of
value, with the exception of unsolicited items of an
incidental nature, from any person, corporation, limited
liability company, or entity doing business with the Board.
(f) A Board member or employee shall not use or attempt to
use his or her official position to secure, or attempt to
secure, any privilege, advantage, favor, or influence for
himself or herself or others. No Board member or employee,
within a period of one year immediately preceding nomination
by the Governor or employment, shall have been employed or
received compensation or fees for services from a person or
entity, or its parent or affiliate, that has engaged in
business with the Board, a licensee or a licensee under the
Illinois Gambling Act. In addition, all Board members and
employees are subject to the restrictions set forth in Section
5-45 of the State Officials and Employees Ethics Act.

SB2347 - 44 - LRB103 29484 DTM 55879 b
(Source: P.A. 101-31, eff. 6-28-19.)
Section 55. The Illinois Gambling Act is amended by
changing Section 5 as follows:
(230 ILCS 10/5) (from Ch. 120, par. 2405)
Sec. 5. Gaming Board.
(a) (1) There is hereby established the Illinois Gaming
Board, which shall have the powers and duties specified in
this Act, and all other powers necessary and proper to fully
and effectively execute this Act for the purpose of
administering, regulating, and enforcing the system of
riverboat and casino gambling established by this Act and
gaming pursuant to an organization gaming license issued under
this Act. Its jurisdiction shall extend under this Act to
every person, association, corporation, partnership and trust
involved in riverboat and casino gambling operations and
gaming pursuant to an organization gaming license issued under
this Act in the State of Illinois.
(2) The Board shall consist of 5 members to be appointed by
the Governor with the advice and consent of the Senate, one of
whom shall be designated by the Governor to be chairperson.
Each member shall have a reasonable knowledge of the practice,
procedure and principles of gambling operations. Each member
shall either be a resident of Illinois or shall certify that he
or she will become a resident of Illinois before taking

SB2347 - 45 - LRB103 29484 DTM 55879 b
office.
On and after the effective date of this amendatory Act of
the 101st General Assembly, new appointees to the Board must
include the following:
(A) One member who has received, at a minimum, a
bachelor's degree from an accredited school and at least
10 years of verifiable experience in the fields of
investigation and law enforcement.
(B) One member who is a certified public accountant
with experience in auditing and with knowledge of complex
corporate structures and transactions.
(C) One member who has 5 years' experience as a
principal, senior officer, or director of a company or
business with either material responsibility for the daily
operations and management of the overall company or
business or material responsibility for the policy making
of the company or business.
(D) One member who is an attorney licensed to practice
law in Illinois for at least 5 years.
Notwithstanding any provision of this subsection (a), the
requirements of subparagraphs (A) through (D) of this
paragraph (2) shall not apply to any person reappointed
pursuant to paragraph (3).
No more than 3 members of the Board may be from the same
political party. No Board member shall, within a period of one
year immediately preceding nomination, have been employed or

SB2347 - 46 - LRB103 29484 DTM 55879 b
received compensation or fees for services from a person or
entity, or its parent or affiliate, that has engaged in
business with the Board, a licensee, or a licensee under the
Illinois Horse Racing Act of 1975. Board members must publicly
disclose all prior affiliations with gaming interests,
including any compensation, fees, bonuses, salaries, and other
reimbursement received from a person or entity, or its parent
or affiliate, that has engaged in business with the Board, a
licensee, or a licensee under the Illinois Horse Racing Act of
1975. This disclosure must be made within 30 days after
nomination but prior to confirmation by the Senate and must be
made available to the members of the Senate.
(3) The terms of office of the Board members shall be 3
years, except that the terms of office of the initial Board
members appointed pursuant to this Act will commence from the
effective date of this Act and run as follows: one for a term
ending July 1, 1991, 2 for a term ending July 1, 1992, and 2
for a term ending July 1, 1993. Upon the expiration of the
foregoing terms, the successors of such members shall serve a
term for 3 years and until their successors are appointed and
qualified for like terms. Vacancies in the Board shall be
filled for the unexpired term in like manner as original
appointments. Each member of the Board shall be eligible for
reappointment at the discretion of the Governor with the
advice and consent of the Senate.
(4) Each member of the Board shall receive $300 for each

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day the Board meets and for each day the member conducts any
hearing pursuant to this Act. Each member of the Board shall
also be reimbursed for all actual and necessary expenses and
disbursements incurred in the execution of official duties.
(5) No person shall be appointed a member of the Board or
continue to be a member of the Board who is, or whose spouse,
child or parent is, a member of the board of directors of, or a
person financially interested in, any gambling operation
subject to the jurisdiction of this Board, or any race track,
race meeting, racing association or the operations thereof
subject to the jurisdiction of the Illinois Racing Board. No
Board member shall hold any other public office. No person
shall be a member of the Board who is not of good moral
character or who has been convicted of, or is under indictment
for, a felony under the laws of Illinois or any other state, or
the United States.
(5.5) No member of the Board shall engage in any political
activity. For the purposes of this Section, "political" means
any activity in support of or in connection with any campaign
for federal, State, or local elective office or any political
organization, but does not include activities (i) relating to
the support or opposition of any executive, legislative, or
administrative action (as those terms are defined in Section 2
of the Lobbyist Registration Act), (ii) relating to collective
bargaining, or (iii) that are otherwise in furtherance of the
person's official State duties or governmental and public

SB2347 - 48 - LRB103 29484 DTM 55879 b
service functions.
(6) Any member of the Board may be removed by the Governor
for neglect of duty, misfeasance, malfeasance, or nonfeasance
in office or for engaging in any political activity.
(7) Before entering upon the discharge of the duties of
his office, each member of the Board shall take an oath that he
will faithfully execute the duties of his office according to
the laws of the State and the rules and regulations adopted
therewith and shall give bond to the State of Illinois,
approved by the Governor, in the sum of $25,000. Every such
bond, when duly executed and approved, shall be recorded in
the office of the Secretary of State. Whenever the Governor
determines that the bond of any member of the Board has become
or is likely to become invalid or insufficient, he shall
require such member forthwith to renew his bond, which is to be
approved by the Governor. Any member of the Board who fails to
take oath and give bond within 30 days from the date of his
appointment, or who fails to renew his bond within 30 days
after it is demanded by the Governor, shall be guilty of
neglect of duty and may be removed by the Governor. The cost of
any bond given by any member of the Board under this Section
shall be taken to be a part of the necessary expenses of the
Board.
(7.5) For the examination of all mechanical,
electromechanical, or electronic table games, slot machines,
slot accounting systems, sports wagering systems, and other

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electronic gaming equipment, and the field inspection of such
systems, games, and machines, for compliance with this Act,
the Board shall utilize the services of independent outside
testing laboratories that have been accredited in accordance
with ISO/IEC 17025 by an accreditation body that is a
signatory to the International Laboratory Accreditation
Cooperation Mutual Recognition Agreement signifying they are
qualified to perform such examinations. Notwithstanding any
law to the contrary, the Board shall consider the licensing of
independent outside testing laboratory applicants in
accordance with procedures established by the Board by rule.
The Board shall not withhold its approval of an independent
outside testing laboratory license applicant that has been
accredited as required under this paragraph (7.5) and is
licensed in gaming jurisdictions comparable to Illinois. Upon
the finalization of required rules, the Board shall license
independent testing laboratories and accept the test reports
of any licensed testing laboratory of the system's, game's, or
machine manufacturer's choice, notwithstanding the existence
of contracts between the Board and any independent testing
laboratory.
(8) The Board shall employ such personnel as may be
necessary to carry out its functions and shall determine the
salaries of all personnel, except those personnel whose
salaries are determined under the terms of a collective
bargaining agreement. No person shall be employed to serve the

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Board who is, or whose spouse, parent or child is, an official
of, or has a financial interest in or financial relation with,
any operator engaged in gambling operations within this State
or any organization engaged in conducting horse racing within
this State. For the one year immediately preceding employment,
an employee shall not have been employed or received
compensation or fees for services from a person or entity, or
its parent or affiliate, that has engaged in business with the
Board, a licensee, or a licensee under the Illinois Horse
Racing Act of 1975. Any employee violating these prohibitions
shall be subject to termination of employment.
(9) An Administrator shall perform any and all duties that
the Board shall assign him. The salary of the Administrator
shall be determined by the Board and, in addition, he shall be
reimbursed for all actual and necessary expenses incurred by
him in discharge of his official duties. The Administrator
shall keep records of all proceedings of the Board and shall
preserve all records, books, documents and other papers
belonging to the Board or entrusted to its care. The
Administrator shall devote his full time to the duties of the
office and shall not hold any other office or employment.
(b) The Board shall have general responsibility for the
implementation of this Act. Its duties include, without
limitation, the following:
(1) To decide promptly and in reasonable order all
license applications. Any party aggrieved by an action of

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the Board denying, suspending, revoking, restricting or
refusing to renew a license may request a hearing before
the Board. A request for a hearing must be made to the
Board in writing within 5 days after service of notice of
the action of the Board. Notice of the action of the Board
shall be served either by personal delivery or by
certified mail, postage prepaid, to the aggrieved party.
Notice served by certified mail shall be deemed complete
on the business day following the date of such mailing.
The Board shall conduct any such hearings promptly and in
reasonable order;
(2) To conduct all hearings pertaining to civil
violations of this Act or rules and regulations
promulgated hereunder;
(3) To promulgate such rules and regulations as in its
judgment may be necessary to protect or enhance the
credibility and integrity of gambling operations
authorized by this Act and the regulatory process
hereunder;
(4) To provide for the establishment and collection of
all license and registration fees and taxes imposed by
this Act and the rules and regulations issued pursuant
hereto. All such fees and taxes shall be deposited into
the State Gaming Fund;
(5) To provide for the levy and collection of
penalties and fines for the violation of provisions of

SB2347 - 52 - LRB103 29484 DTM 55879 b
this Act and the rules and regulations promulgated
hereunder. All such fines and penalties shall be deposited
into the Education Assistance Fund, created by Public Act
86-0018, of the State of Illinois;
(6) To be present through its inspectors and agents
any time gambling operations are conducted on any
riverboat, in any casino, or at any organization gaming
facility for the purpose of certifying the revenue
thereof, receiving complaints from the public, and
conducting such other investigations into the conduct of
the gambling games and the maintenance of the equipment as
from time to time the Board may deem necessary and proper;
(7) To review and rule upon any complaint by a
licensee regarding any investigative procedures of the
State which are unnecessarily disruptive of gambling
operations. The need to inspect and investigate shall be
presumed at all times. The disruption of a licensee's
operations shall be proved by clear and convincing
evidence, and establish that: (A) the procedures had no
reasonable law enforcement purposes, and (B) the
procedures were so disruptive as to unreasonably inhibit
gambling operations;
(8) To hold at least one meeting each quarter of the
fiscal year. In addition, special meetings may be called
by the Chairman or any 2 Board members upon 72 hours
written notice to each member. All Board meetings shall be

SB2347 - 53 - LRB103 29484 DTM 55879 b
subject to the Open Meetings Act. Three members of the
Board shall constitute a quorum, and 3 votes shall be
required for any final determination by the Board. The
Board shall keep a complete and accurate record of all its
meetings. A majority of the members of the Board shall
constitute a quorum for the transaction of any business,
for the performance of any duty, or for the exercise of any
power which this Act requires the Board members to
transact, perform or exercise en banc, except that, upon
order of the Board, one of the Board members or an
administrative law judge designated by the Board may
conduct any hearing provided for under this Act or by
Board rule and may recommend findings and decisions to the
Board. The Board member or administrative law judge
conducting such hearing shall have all powers and rights
granted to the Board in this Act. The record made at the
time of the hearing shall be reviewed by the Board, or a
majority thereof, and the findings and decision of the
majority of the Board shall constitute the order of the
Board in such case;
(9) To maintain records which are separate and
distinct from the records of any other State board or
commission. Such records shall be available for public
inspection and shall accurately reflect all Board
proceedings;
(10) To file a written annual report with the Governor

SB2347 - 54 - LRB103 29484 DTM 55879 b
on or before July 1 each year and such additional reports
as the Governor may request. The annual report shall
include a statement of receipts and disbursements by the
Board, actions taken by the Board, and any additional
information and recommendations which the Board may deem
valuable or which the Governor may request;
(11) (Blank);
(12) (Blank);
(13) To assume responsibility for administration and
enforcement of the Video Gaming Act;
(13.1) To assume responsibility for the administration
and enforcement of operations at organization gaming
facilities pursuant to this Act and the Illinois Horse
Racing Act of 1975;
(13.2) To assume responsibility for the administration
and enforcement of the Sports Wagering Act; and
(14) To adopt, by rule, a code of conduct governing
Board members and employees that ensure, to the maximum
extent possible, that persons subject to this Code avoid
situations, relationships, or associations that may
represent or lead to a conflict of interest.
Internal controls and changes submitted by licensees must
be reviewed and either approved or denied with cause within 90
days after receipt of submission is deemed final by the
Illinois Gaming Board. In the event an internal control
submission or change does not meet the standards set by the

SB2347 - 55 - LRB103 29484 DTM 55879 b
Board, staff of the Board must provide technical assistance to
the licensee to rectify such deficiencies within 90 days after
the initial submission and the revised submission must be
reviewed and approved or denied with cause within 90 days
after the date the revised submission is deemed final by the
Board. For the purposes of this paragraph, "with cause" means
that the approval of the submission would jeopardize the
integrity of gaming. In the event the Board staff has not acted
within the timeframe, the submission shall be deemed approved.
(c) The Board shall have jurisdiction over and shall
supervise all gambling operations governed by this Act. The
Board shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including, but
not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select among
competing applicants the applicants which best serve the
interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all
riverboat gambling operations authorized under this Act
and all persons in places where gambling operations are
conducted.
(3) To promulgate rules and regulations for the
purpose of administering the provisions of this Act and to
prescribe rules, regulations and conditions under which
all gambling operations subject to this Act shall be

SB2347 - 56 - LRB103 29484 DTM 55879 b
conducted. Such rules and regulations are to provide for
the prevention of practices detrimental to the public
interest and for the best interests of riverboat gambling,
including rules and regulations regarding the inspection
of organization gaming facilities, casinos, and
riverboats, and the review of any permits or licenses
necessary to operate a riverboat, casino, or organization
gaming facility under any laws or regulations applicable
to riverboats, casinos, or organization gaming facilities
and to impose penalties for violations thereof.
(4) To enter the office, riverboats, casinos,
organization gaming facilities, and other facilities, or
other places of business of a licensee, where evidence of
the compliance or noncompliance with the provisions of
this Act is likely to be found.
(5) To investigate alleged violations of this Act or
the rules of the Board and to take appropriate
disciplinary action against a licensee or a holder of an
occupational license for a violation, or institute
appropriate legal action for enforcement, or both.
(6) To adopt standards for the licensing of all
persons and entities under this Act, as well as for
electronic or mechanical gambling games, and to establish
fees for such licenses.
(7) To adopt appropriate standards for all
organization gaming facilities, riverboats, casinos, and

SB2347 - 57 - LRB103 29484 DTM 55879 b
other facilities authorized under this Act.
(8) To require that the records, including financial
or other statements of any licensee under this Act, shall
be kept in such manner as prescribed by the Board and that
any such licensee involved in the ownership or management
of gambling operations submit to the Board an annual
balance sheet and profit and loss statement, list of the
stockholders or other persons having a 1% or greater
beneficial interest in the gambling activities of each
licensee, and any other information the Board deems
necessary in order to effectively administer this Act and
all rules, regulations, orders and final decisions
promulgated under this Act.
(9) To conduct hearings, issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the
production of books, records and other pertinent documents
in accordance with the Illinois Administrative Procedure
Act, and to administer oaths and affirmations to the
witnesses, when, in the judgment of the Board, it is
necessary to administer or enforce this Act or the Board
rules.
(10) To prescribe a form to be used by any licensee
involved in the ownership or management of gambling
operations as an application for employment for their
employees.
(11) To revoke or suspend licenses, as the Board may

SB2347 - 58 - LRB103 29484 DTM 55879 b
see fit and in compliance with applicable laws of the
State regarding administrative procedures, and to review
applications for the renewal of licenses. The Board may
suspend an owners license or an organization gaming
license without notice or hearing upon a determination
that the safety or health of patrons or employees is
jeopardized by continuing a gambling operation conducted
under that license. The suspension may remain in effect
until the Board determines that the cause for suspension
has been abated. The Board may revoke an owners license or
organization gaming license upon a determination that the
licensee has not made satisfactory progress toward abating
the hazard.
(12) To eject or exclude or authorize the ejection or
exclusion of, any person from gambling facilities where
that person is in violation of this Act, rules and
regulations thereunder, or final orders of the Board, or
where such person's conduct or reputation is such that his
or her presence within the gambling facilities may, in the
opinion of the Board, call into question the honesty and
integrity of the gambling operations or interfere with the
orderly conduct thereof; provided that the propriety of
such ejection or exclusion is subject to subsequent
hearing by the Board.
(13) To require all licensees of gambling operations
to utilize a cashless wagering system whereby all players'

SB2347 - 59 - LRB103 29484 DTM 55879 b
money is converted to tokens, electronic cards, or chips
which shall be used only for wagering in the gambling
establishment.
(14) (Blank).
(15) To suspend, revoke or restrict licenses, to
require the removal of a licensee or an employee of a
licensee for a violation of this Act or a Board rule or for
engaging in a fraudulent practice, and to impose civil
penalties of up to $5,000 against individuals and up to
$10,000 or an amount equal to the daily gross receipts,
whichever is larger, against licensees for each violation
of any provision of the Act, any rules adopted by the
Board, any order of the Board or any other action which, in
the Board's discretion, is a detriment or impediment to
gambling operations.
(16) To hire employees to gather information, conduct
investigations and carry out any other tasks contemplated
under this Act.
(17) To establish minimum levels of insurance to be
maintained by licensees.
(18) To authorize a licensee to sell or serve
alcoholic liquors, wine or beer as defined in the Liquor
Control Act of 1934 on board a riverboat or in a casino and
to have exclusive authority to establish the hours for
sale and consumption of alcoholic liquor on board a
riverboat or in a casino, notwithstanding any provision of

SB2347 - 60 - LRB103 29484 DTM 55879 b
the Liquor Control Act of 1934 or any local ordinance, and
regardless of whether the riverboat makes excursions. The
establishment of the hours for sale and consumption of
alcoholic liquor on board a riverboat or in a casino is an
exclusive power and function of the State. A home rule
unit may not establish the hours for sale and consumption
of alcoholic liquor on board a riverboat or in a casino.
This subdivision (18) is a denial and limitation of home
rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.
(19) After consultation with the U.S. Army Corps of
Engineers, to establish binding emergency orders upon the
concurrence of a majority of the members of the Board
regarding the navigability of water, relative to
excursions, in the event of extreme weather conditions,
acts of God or other extreme circumstances.
(20) To delegate the execution of any of its powers
under this Act for the purpose of administering and
enforcing this Act and the rules adopted by the Board.
(20.5) To approve any contract entered into on its
behalf.
(20.6) To appoint investigators to conduct
investigations, searches, seizures, arrests, and other
duties imposed under this Act, as deemed necessary by the
Board. These investigators have and may exercise all of
the rights and powers of peace officers, provided that

SB2347 - 61 - LRB103 29484 DTM 55879 b
these powers shall be limited to offenses or violations
occurring or committed in a casino, in an organization
gaming facility, or on a riverboat or dock, as defined in
subsections (d) and (f) of Section 4, or as otherwise
provided by this Act or any other law.
(20.7) To contract with the Illinois State Police for
the use of trained and qualified State police officers and
with the Department of Revenue for the use of trained and
qualified Department of Revenue investigators to conduct
investigations, searches, seizures, arrests, and other
duties imposed under this Act and to exercise all of the
rights and powers of peace officers, provided that the
powers of Department of Revenue investigators under this
subdivision (20.7) shall be limited to offenses or
violations occurring or committed in a casino, in an
organization gaming facility, or on a riverboat or dock,
as defined in subsections (d) and (f) of Section 4, or as
otherwise provided by this Act or any other law. In the
event the Illinois State Police or the Department of
Revenue is unable to fill contracted police or
investigative positions, the Board may appoint
investigators to fill those positions pursuant to
subdivision (20.6).
(21) To adopt rules concerning the conduct of gaming
pursuant to an organization gaming license issued under
this Act.

SB2347 - 62 - LRB103 29484 DTM 55879 b
(22) To have the same jurisdiction and supervision
over casinos and organization gaming facilities as the
Board has over riverboats, including, but not limited to,
the power to (i) investigate, review, and approve
contracts as that power is applied to riverboats, (ii)
adopt rules for administering the provisions of this Act,
(iii) adopt standards for the licensing of all persons
involved with a casino or organization gaming facility,
(iv) investigate alleged violations of this Act by any
person involved with a casino or organization gaming
facility, and (v) require that records, including
financial or other statements of any casino or
organization gaming facility, shall be kept in such manner
as prescribed by the Board.
(23) To take any other action as may be reasonable or
appropriate to enforce this Act and the rules adopted by
the Board.
(d) The Board may seek and shall receive the cooperation
of the Illinois State Police in conducting background
investigations of applicants and in fulfilling its
responsibilities under this Section. Costs incurred by the
Illinois State Police as a result of such cooperation shall be
paid by the Board in conformance with the requirements of
Section 2605-400 of the Illinois State Police Law.
(e) The Board must authorize to each investigator and to
any other employee of the Board exercising the powers of a

SB2347 - 63 - LRB103 29484 DTM 55879 b
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Board and (ii)
contains a unique identifying number. No other badge shall be
authorized by the Board.
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
Section 60. The Liquor Control Act of 1934 is amended by
changing Section 3-6 as follows:
(235 ILCS 5/3-6) (from Ch. 43, par. 102)
Sec. 3-6. No person shall be appointed a commissioner,
secretary, Executive Director, or inspector for the commission
who is not a citizen of the United States. Unless they have
disclosed to the appointing authority such conviction or
violation, no No commissioner, secretary, Executive Director,
inspector, or other employee shall be appointed who has been
convicted within the preceding 5 years of any violation of any
Federal or State law concerning the manufacture or sale of
alcoholic liquor prior or subsequent to the passage of this
Act or who has paid a fine or penalty in settlement of any
prosecution against him or her for any violation of such laws
within the preceding 5 years or shall have forfeited his or her
bond to appear in court to answer charges for any such
violation within the preceding 5 years , nor shall any person
be appointed who has been convicted of a felony. No
commissioner, Executive Director, inspector, or other

SB2347 - 64 - LRB103 29484 DTM 55879 b
employee, may, directly or indirectly, individually or as a
member of a partnership, or as a shareholder of a corporation,
have any interest whatsoever in the manufacture, sale or
distribution of alcoholic liquor, nor receive any compensation
or profit therefrom, nor have any interest whatsoever in the
purchases or sales made by the persons authorized by this Act,
or to purchase or to sell alcoholic liquor. No provision of
this section shall prevent any such commissioner, secretary,
Executive Director, inspector, or other employee from
purchasing and keeping in his or her possession for the use of
himself or herself or members of his or her family or guests
any alcoholic liquor which may be purchased or kept by any
person by virtue of this Act.
(Source: P.A. 100-1050, eff. 7-1-19.)
Section 65. The Criminal Code of 2012 is amended by
changing Sections 11-9.3 and 33-7 as follows:
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with,
or communicating with a child within certain places by child
sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising
any school, or in any conveyance owned, leased, or contracted

SB2347 - 65 - LRB103 29484 DTM 55879 b
by a school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
(1) the offender is a parent or guardian of a student attending
the school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal or (2) the offender is attending a
meeting of the local school council or school board of which
they are a member. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the
sex offender will be present. Notification includes the nature
of the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or
she arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the

SB2347 - 66 - LRB103 29484 DTM 55879 b
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official.
(a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
(a-10) It is unlawful for a child sex offender to
knowingly be present in any public park building, a playground
or recreation area within any publicly accessible privately
owned building, or on real property comprising any public park
when persons under the age of 18 are present in the building or
on the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly
loiter within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in
child review conferences in which evaluation and placement

SB2347 - 67 - LRB103 29484 DTM 55879 b
decisions may be made with respect to his or her child
regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
has permission to be present from the superintendent or the
school board or in the case of a private school from the
principal. In the case of a public school, if permission is
granted, the superintendent or school board president must
inform the principal of the school where the sex offender will
be present. Notification includes the nature of the sex
offender's visit and the hours in which the sex offender will
be present in the school. The sex offender is responsible for
notifying the principal's office when he or she arrives on
school property and when he or she departs from school
property. If the sex offender is to be present in the vicinity
of children, the sex offender has the duty to remain under the
direct supervision of a school official.
(b-2) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.

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(b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of
18 attend. Nothing in this subsection (b-5) prohibits a child
sex offender from residing within 500 feet of a school
building or the real property comprising any school that
persons under 18 attend if the property is owned by the child
sex offender and was purchased before July 7, 2000 (the
effective date of Public Act 91-911).
(b-10) It is unlawful for a child sex offender to
knowingly reside within 500 feet of a playground, child care
institution, day care center, part day child care facility,
day care home, group day care home, or a facility providing
programs or services exclusively directed toward persons under
18 years of age. Nothing in this subsection (b-10) prohibits a
child sex offender from residing within 500 feet of a
playground or a facility providing programs or services
exclusively directed toward persons under 18 years of age if
the property is owned by the child sex offender and was
purchased before July 7, 2000. Nothing in this subsection
(b-10) prohibits a child sex offender from residing within 500
feet of a child care institution, day care center, or part day
child care facility if the property is owned by the child sex
offender and was purchased before June 26, 2006. Nothing in
this subsection (b-10) prohibits a child sex offender from
residing within 500 feet of a day care home or group day care

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home if the property is owned by the child sex offender and was
purchased before August 14, 2008 (the effective date of Public
Act 95-821).
(b-15) It is unlawful for a child sex offender to
knowingly reside within 500 feet of the victim of the sex
offense. Nothing in this subsection (b-15) prohibits a child
sex offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by
the child sex offender and was purchased before August 22,
2002.
This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
(b-20) It is unlawful for a child sex offender to
knowingly communicate, other than for a lawful purpose under
Illinois law, using the Internet or any other digital media,
with a person under 18 years of age or with a person whom he or
she believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed toward persons under
the age of 18; (ii) day care center; (iii) part day child care
facility; (iv) child care institution; (v) school providing
before and after school programs for children under 18 years

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of age; (vi) day care home; or (vii) group day care home. This
does not prohibit a child sex offender from owning the real
property upon which the programs or services are offered or
upon which the day care center, part day child care facility,
child care institution, or school providing before and after
school programs for children under 18 years of age is located,
provided the child sex offender refrains from being present on
the premises for the hours during which: (1) the programs or
services are being offered or (2) the day care center, part day
child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age, day care home, or group day care home is
operated.
(c-2) It is unlawful for a child sex offender to
participate in a holiday event involving children under 18
years of age, including but not limited to distributing candy
or other items to children on Halloween, wearing a Santa Claus
costume on or preceding Christmas, being employed as a
department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter. For the purposes of this
subsection, child sex offender has the meaning as defined in
this Section, but does not include as a sex offense under
paragraph (2) of subsection (d) of this Section, the offense
under subsection (c) of Section 11-1.50 of this Code. This
subsection does not apply to a child sex offender who is a
parent or guardian of children under 18 years of age that are

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present in the home and other non-familial minors are not
present.
(c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
carnival, amusement enterprise, or county or State fair when
persons under the age of 18 are present.
(c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820).
(c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
(c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not
limited to an ice cream truck; (2) an authorized emergency

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vehicle; or (3) a rescue vehicle.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another
state, with a sex offense set forth in paragraph (2) of
this subsection (d) or the attempt to commit an
included sex offense, and the victim is a person under
18 years of age at the time of the offense; and:
(A) is convicted of such offense or an attempt
to commit such offense; or
(B) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of
the Code of Criminal Procedure of 1963 of such
offense or an attempt to commit such offense; or
(D) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
commission or attempted commission of such
offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a

SB2347 - 73 - LRB103 29484 DTM 55879 b
federal law or the law of another state
substantially similar to subsection (c) of Section
104-25 of the Code of Criminal Procedure of 1963
of such offense or of the attempted commission of
such offense; or
(F) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
a federal law or the law of another state
substantially similar to subsection (a) of Section
104-25 of the Code of Criminal Procedure of 1963
for the alleged violation or attempted commission
of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons
Act, or any substantially similar federal law or the
law of another state, when any conduct giving rise to
such certification is committed or attempted against a
person less than 18 years of age; or
(iii) is subject to the provisions of Section 2 of
the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same
time, shall be counted for the purpose of this Section as
one conviction. Any conviction set aside pursuant to law
is not a conviction for purposes of this Section.

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(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012: 10-4 (forcible detention), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
10-5(b)(10) (child luring), 11-1.40 (predatory
criminal sexual assault of a child), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9.1 (sexual exploitation
of a child), 11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability), 11-11 (sexual relations within families),
11-14.3(a)(1) (promoting prostitution by advancing
prostitution), 11-14.3(a)(2)(A) (promoting
prostitution by profiting from prostitution by
compelling a person to be a prostitute),
11-14.3(a)(2)(C) (promoting prostitution by profiting
from prostitution by means other than as described in
subparagraphs (A) and (B) of paragraph (2) of
subsection (a) of Section 11-14.3), 11-14.4 (promoting
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-20.1 (child pornography),
11-20.1B (aggravated child pornography), 11-21
(harmful material), 11-25 (grooming), 11-26 (traveling
to meet a minor or traveling to meet a child), 12-33

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(ritualized abuse of a child), 11-20 (obscenity) (when
that offense was committed in any school, on real
property comprising any school, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related
activity, or in a public park), 11-30 (public
indecency) (when committed in a school, on real
property comprising a school, in any conveyance owned,
leased, or contracted by a school to transport
students to or from school or a school related
activity, or in a public park). An attempt to commit
any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.50
(criminal sexual abuse), 11-1.60 (aggravated criminal
sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of age
and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),

SB2347 - 76 - LRB103 29484 DTM 55879 b
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in
clause (2)(i) or (2)(ii) of subsection (d) of this
Section.
(2.5) For the purposes of subsections (b-5) and (b-10)
only, a sex offense means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012:
10-5(b)(10) (child luring), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
11-1.40 (predatory criminal sexual assault of a
child), 11-6 (indecent solicitation of a child),
11-6.5 (indecent solicitation of an adult), 11-9.2
(custodial sexual misconduct), 11-9.5 (sexual
misconduct with a person with a disability), 11-11
(sexual relations within families), 11-14.3(a)(1)
(promoting prostitution by advancing prostitution),
11-14.3(a)(2)(A) (promoting prostitution by profiting
from prostitution by compelling a person to be a
prostitute), 11-14.3(a)(2)(C) (promoting prostitution
by profiting from prostitution by means other than as

SB2347 - 77 - LRB103 29484 DTM 55879 b
described in subparagraphs (A) and (B) of paragraph
(2) of subsection (a) of Section 11-14.3), 11-14.4
(promoting juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-20.1 (child
pornography), 11-20.1B (aggravated child pornography),
11-25 (grooming), 11-26 (traveling to meet a minor or
traveling to meet a child), or 12-33 (ritualized abuse
of a child). An attempt to commit any of these
offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.60
(aggravated criminal sexual abuse), and subsection (a)
of Section 11-1.50 (criminal sexual abuse). An attempt
to commit any of these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of age
and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).

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An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to
any offense listed in paragraph (2) of subsection (d) of
this Section shall constitute a conviction for the purpose
of this Section. A finding or adjudication as a sexually
dangerous person under any federal law or law of another
state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for
the purposes of this Section.
(4) "Authorized emergency vehicle", "rescue vehicle",
and "vehicle" have the meanings ascribed to them in
Sections 1-105, 1-171.8 and 1-217, respectively, of the
Illinois Vehicle Code.
(5) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(6) "Day care center" has the meaning ascribed to it
in Section 2.09 of the Child Care Act of 1969.
(7) "Day care home" has the meaning ascribed to it in
Section 2.18 of the Child Care Act of 1969.
(8) "Facility providing programs or services directed
towards persons under the age of 18" means any facility
providing programs or services exclusively directed

SB2347 - 79 - LRB103 29484 DTM 55879 b
towards persons under the age of 18.
(9) "Group day care home" has the meaning ascribed to
it in Section 2.20 of the Child Care Act of 1969.
(10) "Internet" has the meaning set forth in Section
16-0.1 of this Code.
(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property, for the purpose of
committing or attempting to commit a sex offense.
(iii) Entering or remaining in a building in or
around school property, other than the offender's
residence.
(12) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.
(13) "Playground" means a piece of land owned or
controlled by a unit of local government that is
designated by the unit of local government for use solely
or primarily for children's recreation.
(14) "Public park" includes a park, forest preserve,
bikeway, trail, or conservation area under the
jurisdiction of the State or a unit of local government.

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(15) "School" means a public or private preschool or
elementary or secondary school.
(16) "School official" means the principal, a teacher,
or any other certified employee of the school, the
superintendent of schools or a member of the school board.
(e) For the purposes of this Section, the 500 feet
distance shall be measured from: (1) the edge of the property
of the school building or the real property comprising the
school that is closest to the edge of the property of the child
sex offender's residence or where he or she is loitering, and
(2) the edge of the property comprising the public park
building or the real property comprising the public park,
playground, child care institution, day care center, part day
child care facility, or facility providing programs or
services exclusively directed toward persons under 18 years of
age, or a victim of the sex offense who is under 21 years of
age, to the edge of the child sex offender's place of residence
or place where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 102-997, eff. 1-1-23.)
(720 ILCS 5/33-7)
Sec. 33-7. Public contractor misconduct.
(a) A public contractor; a person seeking a public
contract on behalf of himself, herself, or another; an

SB2347 - 81 - LRB103 29484 DTM 55879 b
employee of a public contractor; or a person seeking a public
contract on behalf of himself, herself, or another commits
public contractor misconduct when, in the performance of, or
in connection with, a contract with the State, a unit of local
government, or a school district or in obtaining or seeking to
obtain such a contract he or she commits any of the following
acts:
(1) intentionally or knowingly makes, uses, or causes
to be made or used a false record or statement to conceal,
avoid, or decrease an obligation to pay or transmit money
or property;
(2) knowingly performs an act that he or she knows he
or she is forbidden by law to perform;
(3) with intent to obtain a personal advantage for
himself, herself, or another, he or she performs an act in
excess of his or her contractual responsibility;
(4) solicits or knowingly accepts for the performance
of any act a fee or reward that he or she knows is not
authorized by law; or
(5) knowingly or intentionally seeks or receives
compensation or reimbursement for goods and services he or
she purported to deliver or render, but failed to do so
pursuant to the terms of the contract, to the unit of State
or local government or school district.
(b) Sentence. Any person who violates this Section commits
a Class 3 felony. Any person convicted of this offense or a

SB2347 - 82 - LRB103 29484 DTM 55879 b
similar offense in any state of the United States which
contains the same elements of this offense shall be barred for
10 years from the date of conviction from contracting with or ,
employment by, or holding public office with the State or any
unit of local government or school district. Any person
convicted of this offense or a similar offense in any state of
the United States which contains the same elements of this
offense shall be barred for 5 years from the date of conviction
from holding public office with the State or any unit of local
government or school district. No corporation shall be barred
as a result of a conviction under this Section of any employee
or agent of such corporation if the employee so convicted is no
longer employed by the corporation and (1) it has been finally
adjudicated not guilty or (2) it demonstrates to the
government entity with which it seeks to contract, and that
entity finds, that the commission of the offense was neither
authorized, requested, commanded, nor performed by a director,
officer or high managerial agent on behalf of the corporation
as provided in paragraph (2) of subsection (a) of Section 5-4
of this Code.
(c) The Attorney General or the State's Attorney in the
county where the principal office of the unit of local
government or school district is located may bring a civil
action on behalf of any unit of State or local government to
recover a civil penalty from any person who knowingly engages
in conduct which violates subsection (a) of this Section in

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treble the amount of the monetary cost to the unit of State or
local government or school district involved in the violation.
The Attorney General or State's Attorney shall be entitled to
recover reasonable attorney's fees as part of the costs
assessed to the defendant. This subsection (c) shall in no way
limit the ability of any unit of State or local government or
school district to recover moneys or damages regarding public
contracts under any other law or ordinance. A civil action
shall be barred unless the action is commenced within 6 years
after the later of (1) the date on which the conduct
establishing the cause of action occurred or (2) the date on
which the unit of State or local government or school district
knew or should have known that the conduct establishing the
cause of action occurred.
(d) This amendatory Act of the 96th General Assembly shall
not be construed to create a private right of action.
(Source: P.A. 96-575, eff. 8-18-09.)